These Terms and Conditions ("Terms") constitute a binding agreement between you, Information Systems Audit and Control Association ("ISACA"), and ISACA's agents (collectively referred to as "we" and "us"). BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
ISACA is the copyright owner of this site, and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without ISACA's express written permission, except as provided for herein, and in compliance with our IP Guidelines (incorporated by reference herein). Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purposes violates ISACA's legal rights.
By entering this site you acknowledge and agree that any name, logo, trademark, or service mark contained on this site is owned or licensed by ISACA and may not be used by you without prior written approval, and in compliance with our IP Guidelines. ISACA will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of ISACA or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
No Warranty/Limitation of Liability
By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site, including ISACA, is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while ISACA makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and ISACA makes no warranties or representations as to its accuracy. All content information and materials contained in this site are provided to you ON AN "AS IS AND AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ISACA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ISACA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ISACA'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL ISACA'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
When viewing, submitting or posting User Content (as defined below), you understand and agree that ISACA is not responsible for the information, data, text or other materials that may appear in User Content. ISACA does not endorse any User Content or any opinions, recommendations, or advice expressed therein User Content is not necessarily reviewed by ISACA prior to posting and ISACA makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content. ISACA does not necessarily monitor any materials posted, transmitted, or communicated to or within the site. If you believe that something on the site violates these Terms, please email reportanissue@ISACA.org.
Notwithstanding the fact that ISACA or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats, ISACA and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
Use of the Site
On certain areas of this site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("User Content"). Your posting of User Content is subject to these Terms, any additional terms posted for a specific feature. ISACA may delete any User Content that in the sole judgment of ISACA violates these Terms or the Posting Policy. You agree that in using the site, including the interactive features therein, you will adhere to the following:
- You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by ISACA, or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation.
- You agree not to post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of ISACA.
- You agree not to misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- You agree not to post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- You agree not to post any software to the site, nor will you post links or files that do not comply with these Terms, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the site, or feature of the site.
- You agree not to modify in any way any specifications, technology or application codes provided to you by ISACA or as embedded in the User Content unless expressly authorized in writing by ISACA.
- You agree not to share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
No Ownership/Account Cancellation
You understand and agree that you have no ownership rights in your account or other access to the site or features therein. ISACA may cancel your account and delete all User Content associated with your account, or may delete any specific User Content, at any time and without notice, if ISACA determines in its sole discretion that you have violated these Terms, the law, or for any other reason. ISACA assumes no liability for any information removed from our site, and reserves the right to permanently restrict access to the site or a user account.
License to User Content
By displaying, publishing, or otherwise posting any User Content on or through the site, you hereby grant to ISACA a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein ("User Content License"). You represent and warrant that you own the content submitted, displayed, published or posted by you on the site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify, defend and hold harmless ISACA and its related companies, and their respective officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the site and any violation of these Terms by you.
Third Party Rights Holders
If you are the owner of intellectual property rights you believe have been infringed or violated on this web site by one of our users, please follow the instructions in our Proprietary Rights Complaint Form.
Third Party Links
Although this site may be linked to other sites, ISACA is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. ISACA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. By entering this site you acknowledge and agree that ISACA has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
These Terms constitute the entire agreement between you and ISACA regarding the use of the site, are accepted by you upon your use of the site, and you agree to be bound by these Terms. ISACA reserves the right to revise the Terms at any time and for any reason, and such revisions shall be effective immediately upon notice thereof, which may be given by any means including posting the updated version of the Terms on the site. Your use of the site after such notice shall be deemed to constitute your acceptance of such revisions. You are expected to review these Terms periodically to ensure familiarity with the most current version. You understand and agree that ISACA may change the site at any time, including removing, deleting, or modifying any content thereon.
Both you and ISACA acknowledge and agree that no partnership is formed and neither of you nor ISACA has the power or the authority to obligate or bind the other.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure of ISACA to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of ISACA, shall not be deemed a breach of these Terms. If ISACA fails to act with respect to your breach or anyone else's breach on any occasion, ISACA is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the site, and replaces any prior understandings or agreements (whether oral or written) regarding the site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The site and any promotions contained thereon is void where prohibited.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding this Agreement will be subject to the federal, state and local courts for Cook County, Illinois.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO ILLINOIS LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS.