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Terms of Use

Terms of Use

These Terms of Use ("Terms") were last updated on December 18, 2024.

Please review these Terms carefully as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST WISPNEST. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS:

  • You will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you waive your right to participate in a class action lawsuit or class-wide arbitration.
  • You are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

Mission Statement: WISPNEST's mission is to empower accountants and tax professionals with the knowledge, tools, and the confidence they need to navigate the complexities of IRS cybersecurity requirements effortlessly. By combining expert insights from both the cybersecurity and financial sectors, we aim to simplify compliance, safeguard sensitive data, and foster a culture of security and privacy within the accounting industry.

Usage Guidelines: These Terms of Use apply to all your activities on the WISPNEST website and the WISPNEST mobile applications.

Privacy Policy: We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy.

Educational Purpose: Our courses are intended for educational purposes and should not be considered a substitute for professional tax or legal advice. WISPNEST is not responsible for any losses or penalties incurred due to the application or misinterpretation of information provided in the courses.

Agreement

By using our website and services ("Services"), you agree to these Terms of Use ("Terms").

Definitions

  • "WISPNEST": Refers to WISPNEST LLC.
  • "Content": WISPNEST courses, surveys, documents, and other materials.
  • "User": Individuals accessing our Services.
  • "WISP": Refers to the IRS Written Information Security Plan

Account Creation

  • Users must provide accurate information when registering and are responsible for maintaining account security.
  • Company name changes are limited to one instance. Subsequent name changes require written approval from WISPNEST.

Content Ownership

WISPNEST owns all Content. Users may not reproduce, distribute, or commercially exploit the Content without our express permission.

License Grant

Purchasing Content grants a limited, non-exclusive, non-transferable license to access and view it for personal, non-commercial WISP compliance purposes.

Payment & Pricing

Prices are displayed on the website. All sales are final. Contact support@wispnest.com for assistance with any technical issues preventing access to purchased Content.

Prohibited Uses

Sharing login credentials. Reselling or redistributing Content. Modifying or creating derivative works based on Content. Using Content for illegal or unauthorized purposes. Misuse of the application or service, as determined by WISPNEST, may result in account termination.

WISP Compliance

Our Content is designed to assist with WISP compliance based on IRS, FTC, and NIST guidelines. However, achieving and maintaining WISP compliance is ultimately the User's responsibility. WISPNEST recommends seeking professional guidance to ensure your implementation fully aligns with all regulations.

Disclaimer of Security Guarantees

While WISPNEST strives to educate on cybersecurity best practices, our solutions do not guarantee immunity from cyberattacks. They are designed to reduce risk but do not warrant that security breaches or hacking will not occur.

Support

Contact support@wispnest.com for technical or account-related issues.

Updates & Access

  • Content is updated yearly to reflect current regulations. New versions require separate purchases.
  • Purchased Content remains accessible for up to 1 year from the date of purchase.

Disclaimer of Warranties

WISPNEST provides Services and Content "as is." We make no guarantees regarding the accuracy, reliability, or suitability of Content for any specific purpose.

Limitation of Liability

WISPNEST is not liable for damages arising from the use of our Services, except in cases of intentional misconduct.

Changes to Terms

WISPNEST may update these Terms at any time. We'll notify you of significant changes.

Governing Law

These Terms are governed by the laws of the State of Florida, USA.

Contact

Email: support@wispnest.com

Binding Arbitration and Class Action Waiver

You and WISPNEST LLC agree that any and all disputes, claims, or controversies arising from or relating to our Services, these Terms, and/or any other relationship between you and us ("Claims") will be resolved through binding arbitration. This includes disputes about the scope or enforceability of this arbitration provision.

Informal Resolution:

Before initiating arbitration, you and WISPNEST will try to resolve any Claims informally. Send a written Notice of Dispute to support@wispnest.com, including:

  • Your name, phone number, account username/email
  • A description of the Claim and your desired resolution
  • Contact information for your legal counsel (if any).

WISPNEST will respond similarly if we have a Claim against you. Both parties must participate in any requested settlement conference during the 60-day Informal Resolution Period.

Arbitration Process:

If informal resolution fails, arbitration will be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association (AAA). The arbitration will take place in Orlando, Florida (unless otherwise agreed). You can find the AAA Rules at www.adr.org or by calling (800) 778-7879.

Severability:

If any part of this Arbitration Clause is deemed unenforceable, a court of competent jurisdiction will sever that portion, leaving the remaining parts valid.

CLASS ACTION WAIVER:

You and WISPNEST agree to bring Claims only on an individual basis, NOT on a class, collective, or representative basis.