ISACA Terms of Use

Last Updated: 22 June 2026

IMPORTANT NOTICE FOR RESIDENTS IN NORTH AMERICA ONLY: PLEASE READ SECTIONS 13, 14, 15, and 16 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING ISACA^®, THESE TERMS OF USE, OUR SERVICES, OR OUR PRIVACY POLICY, INCLUDING BINDING ARBITRATION, A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION, AND A WAIVER OF THE RIGHT TO HAVE A TRIAL BY JURY. YOU AND ISACA AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND ISACA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE OR OUR SERVICES.

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TABLE OF CONTENTS

1. INTRODUCTION
2. YOUR USE OF OUR SERVICES
3. MEMBERSHIPS AND ACCOUNTS
4. ACCEPTABLE USE
5. LICENSE GRANT AND OWNERSHIP
6. USER MATERIAL CONTENT
7. THIRD-PARTY CONTENT AND SERVICES
8. PURCHASES & PROMOTIONS
9. REFUNDS, SUBSCRIPTIONS & FEE CHANGES
10. ACCESS TO SITE & SERVICES
11. CONFIDENTIALITY
12. WARRANTIES AND DISCLAIMERS
13. LIMITATION OF LIABILITY
14. INDEMNIFICATION
15. BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; DISPUTE RESOLUTION
16. GOVERNING LAW AND JURISDICTION
17. CLAIMS OF COPYRIGHT INFRINGEMENT — DMCA NOTICE
18. TERMS RELATING TO EVENTS
19. TERMS RELATING TO EXAMS
20. TERMS RELATING TO CERTIFICATIONS
21. INTERNATIONAL USERS
22. MISCELLANEOUS

1 INTRODUCTION

These ISACA Terms of Use (“Terms”) apply when you access, use, or visit websites and services owned or operated by ISACA® and its related or affiliated companies (collectively, “ISACA,” “we,” “us,” “our”), including those located at https://www.isaca.org, or other websites and mobile applications owned and operated by ISACA or our affiliates that link to these Terms (collectively, the "Site"), or any, or products or services, platforms, tools, guides, self-assessments, events, newsletters, publications, chatrooms, live sessions, webinars, video presentations, social media postings, applications, email communications, research reports, or other features available through the Site or provided by or on behalf of by ISACA (together with the Site, the “Services”). Certain Services are delivered in coordination with local ISACA Chapters. Please read these Terms carefully because they contain important information about your legal rights, remedies, and obligations.

Your continued access and use of the Site and Services is conditional on your acceptance of and continued compliance with these Terms. These Terms will govern your use of any new features that augment or enhance the current Services. By accessing, browsing, using and/or downloading the pages in this Site, by making a purchase through the Site, or by registering to become a Member (as defined below) or to attend one of our conferences, webinars, trainings or events, using our any of our Services, and/or otherwise demonstrating your consent to these Terms, as may be modified by ISACA from time to time, YOU ARE ENTERING INTO A BINDING CONTRACT. If you do not agree to accept and comply with the Terms, you must immediately stop accessing, browsing or otherwise using our Services.

ISACA’s Global Privacy Notice (“Privacy Notice”) explains our collection, use, transmission and disclosure of the personal data provided by or collected from you. By agreeing to be bound by these Terms, you are also agreeing that you have read and understood the collection, use, transmission, and disclosure of your personal data as described in the Privacy Notice.

Except where other notice requirements apply as expressly set forth in these Terms, we may revise and update these Terms from time to time at our sole discretion and will post such new terms on the site with a new “Last Updated” date above. All changes are effective immediately when we post them and apply to all access to and use of the Services. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently each time you access these Services, so you are aware of any changes, as they are binding on you.

2 YOUR USE OF OUR SERVICES

2.1 Scope.

ISACA offers a number of different Services, including Certifications (as defined below), registering for Exams (as defined below) and Events (as defined below), and Membership (as defined below) services. Subject to your compliance with these Terms, you may use the Services during the Term (as defined in Section 12) solely for your own individual purposes in accordance with these Terms.

2.2 Representations Regarding Your Use of the Services.

When you use the Services, you represent that: (a) the information you submit to the Services is truthful and accurate; (b) your use of the Services does not violate any applicable law or regulation; (c) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE, OR ANY OTHER APPLICABLE JURISDICTION; (d) YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS; AND (e) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF THE INDIVIDUAL AGREEING TO THESE TERMS IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THESE TERMS WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

2.3 Management of the Services.

We reserve the right, but do not undertake the obligation to:

• (a) monitor or review the Site and Services for violations of these Terms, and for compliance with our policies;
• (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms;
• (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any ISACA Content (as defined below in Section 4.3) or any portion thereof;
• (d) manage the Site and Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site and Services; and/or
• (e) terminate or block your use of the Site or Services for violating these Terms.

2.4 Our Rights to Restrict, Revoke or Terminate Access.

Without limiting any other provision of these Terms or any remedy we may have under law or in equity, we reserve the right to, in our sole discretion, and without notice or liability, restrict or deny access to the Site or Services, or to terminate the user account of any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation. Upon termination, you must cease all use of any ISACA Content and Services.

2.5 Updates.

ISACA reserves the right to change or update the Services (including the content, appearance, design, functionality and all other aspects thereof), access procedures, tools, documentation, format requirements, communications protocols and services offered at any time for any reason without prior written notice to you; provided, however, such changes to the Services will not materially degrade the performance, availability or security of the Services.

2.6 Artificial Intelligence and Automated Tools.

ISACA may use automated systems and artificial intelligence (“AI”) or AI-powered tools to support certain functions within the Services, including but not limited to personalization, fraud detection, security monitoring, and service optimization (“AI Features”). You are prohibited from using any ISACA Content or the Services as an input into AI or AI-powered tools, including for the purpose of training or developing artificial intelligence or machine learning models.

In response to any prompts, comments, questions, and other input (“Input”) and User Materials (as defined in Section 6.1) that you provide to the Service, or through your use thereof, the Service may generate new or revised content, materials, or assessments (“Output”). You acknowledge that the Outputs are based on its Inputs or User Materials and that ISACA has no control over any such Inputs or User Materials. Accordingly, all Outputs are provided “AS IS”, “WHERE IS" and with “ALL FAULTS”, and ISACA makes no representations or warranties of any kind or nature with respect to any Inputs or Outputs, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability, or with respect to the ability for Outputs or Inputs to be protected by intellectual property rights under any laws, rules, or regulations. You are solely responsible for your use of Outputs created through the Service, and assume all risks associated with its use of any Outputs, including any potential copyright infringement claims from third parties or any disclosure of its Outputs that personally identifies you or any third party.

Where required by applicable law, we will respond to requests from users of AI Features for human review or users that contest any Output created by ISACA using the AI Features, where such Outputs have a material impact on the user.

3 MEMBERSHIPS AND ACCOUNTS

3.1 Accounts.

To access certain Services or components thereof, you are required to create an account. You acknowledge that certain Services or features of the Services may not be available to you without the creation of an account. When you create an account with us, you guarantee that you are 18 years of age or older and that the information you provide is accurate, complete, and current, at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. In the event you agree to register an account, you will select and/or receive a username and secure password upon providing registration information and successfully completing the registration process. This account is personal to you and you may not under any circumstances share it or allow any other person to utilize your account. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your account, username, and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account, username, and/or password, whether your password is with our Service or a third-party service. You agree to immediately notify ISACA in the event that your registration information changes, or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. ISACA may refuse to grant a particular username to you for any reason. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

3.2 Memberships.

We offer several levels of membership in ISACA (“Membership”) and these levels may change at our discretion. You may also join a local chapter when residing or working within its territory. For more information on Membership with the local chapter, please see the relevant local chapter’s website.

Becoming a Member. Any person who is actively engaged in or interested in ISACA knowledge domains and meets the Membership criteria specified, may be admitted to Membership (a “Member”). As a Member, you agree to abide by these Terms and all ISACA policies, including but not limited to, ISACA’s Code of Professional Ethics, ISACA’s Non-Discrimination Policy, and ISACA’s Anti-Harassment Policy (“ISACA Policies”), and to hold ISACA, its officers, directors, examiners, members, employees, agents and those of ISACA’s affiliates and supporting organizations harmless and indemnify ISACA from any complaint, claim or damage arising out of any action or failure by ISACA or any action or omission while occurring where ISACA is carrying out its purpose as provided ISACA’s Bylaws and applicable law, regulation or court or governmental order. Unless otherwise required under the applicable law, Memberships are non-refundable and non-transferable.

Membership Term. Membership is for an initial term of twelve (12) months and is subject to payment of a membership fee each year. Following the expiry of the initial Membership term and any subsequent Membership term, the Member must renew their Membership by paying the membership fee for the next Membership term or enabling automatic renewal as further described in Section 8.2, otherwise Membership is terminated in accordance with these Terms.

Termination. ISACA may immediately terminate Membership and the Member shall not be entitled to any refund of Membership fees previously paid in any of the following events: a) if the Member resigns; b) if the Member does not pay the amount owed to ISACA prior to their Membership expiration date; c) if the Member does not continue to meet the eligibility requirements set forth by ISACA; or d) if the Member does not continue to abide by these Terms or the ISACA Policies.

Notice via Email. Members agree to receive notice of meetings and Member votes as well as other official communications from ISACA by email or other electronic means. To revoke this consent and have notices of Member meetings and Member votes available on paper or in nonelectronic form, you can do so by filling out this form.

4 ACCEPTABLE USE

4.1 Sensitive Information.

You are prohibited from transmitting any “Sensitive Personal Data” over the Site or through your use of the Services, unless requested by ISACA in writing, such as in relation to dietary restrictions, food allergies, or disability information (which may be considered sensitive data under certain laws). “Sensitive Personal Data” includes, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card or bank account or other financial information (except to make a purchase), information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, genetic data, biometric data, or other sensitive matters.

4.2 Prohibited Uses of the Services.

You are prohibited from:

• using the Services to send or post harassing, abusive, or threatening messages;
• transmitting through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;
• attempting to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy;
• disrupting the normal flow of the Services, including any dialogue on the Services or otherwise act in a manner that negatively affects other participants;
• sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
• intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site;
• posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism;
• posting User Materials or using the Services in such a way that damages the image or rights of ISACA, other users or third parties;
• using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Services or the ISACA Content in whole or in part, including, without limitation, creating any frames at any other websites or services pertaining to any portions of the Services;
• attempting to circumvent, disable or otherwise interfere with security related features of the Services that prevent or restrict use or copying of any ISACA Content or enforce limitations on use of the Services;
• creating derivative works based on any ISACA Content or Services;
• selling, assigning, licensing, disclosing, publicly displaying, distributing or otherwise transferring or making available the Services or ISACA Content in any form to any third parties. This includes providing archived or cached data sets containing ISACA Content or Services to another person or entity;
• using ISACA Content or Services to develop or improve any software, program, model, algorithm, or other generative artificial intelligence (AI) tool, including but not limited to, training or using ISACA Content or the Services, in connection with the development, operation, training, fine tuning, or grounding of a machine learning or artificial intelligence system;
• removing or altering any proprietary notices or marks from any ISACA Content;
• using any ISACA Content or the Services for any purpose other than as described in these Terms;
• decompiling, disassembling, or reverse engineering the Services or any elements of the Services, or otherwise derive source or object code or non-public APIs from the Services or any elements thereof, except to the extent expressly permitted by applicable law; and
• conducting security or vulnerability tests of the Services or interfering with its operation, or circumvent its access restrictions.

4.3 Restrictions on Use of ISACA Content.

All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, white papers, frameworks, and all trade-marks, service marks and trade names and the selection and arrangements thereof on the Site or Services (collectively, “ISACA Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by ISACA. Except as expressly provided in these Terms, no license to use, copy, distribute, republish, transmit or otherwise exploit any ISACA Content is given to you and all intellectual property rights in and to the ISACA Content are expressly reserved to ISACA.

5 LICENSE GRANT AND OWNERSHIP

5.1 ISACA Grant of License.

Subject to any limitations and restrictions set forth in these Terms and subject to your compliance with these Terms, ISACA grants to you a limited, royalty-free, worldwide, non-exclusive, non-transferable license during the term of these Terms to (a) use and access the Services, for use by you for internal business or individual purposes, as applicable, solely in accordance with any instructions or documentation provided by ISACA, and (b) generate, export and print the User Materials and Output solely for use in connection with the Services. Further, the ISACA name, logo, and trademarks, stylizations, graphics, service marks and tradenames use on or with the Services (“ISACA Marks”) are the trademarks of ISACA and may not be used without permission in connection with your, or any third-party’s, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

5.2 User Grant of License.

You hereby grant to ISACA a worldwide, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees), irrevocable, perpetual right (including any moral rights) and license to use, reproduce, publicly perform, publicly display, distribute, store, adapt, translate, modify and create derivative works of all User Materials, in whole or in part, and in combination with Third Party Content (as defined in Section 7.2) and other data or materials for the purposes of (a) providing and operating the Services, performing support, and performing additional services; (b) making the User Materials and Output available to you; and (c) to improve the Services, including to train ISACA’s artificial intelligence algorithms, machine learning models, and AI Features. Without limiting the foregoing, you acknowledge that User Materials, Input and Output may be used by ISACA or third-party providers of artificial intelligence or deep learning platforms, algorithms, tools and/or models, including the AI Features, to train, develop, enhance, evolve, and improve the Services and the underlying artificial intelligence models, algorithms and related technology, products, and services (including for labeling, classification, content moderation, and model training purposes). Additionally, by providing User Materials, you authorize us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any User Materials in connection with the advertising, promotion, trade and other exploitation of the User Materials and the rights granted herein. You acknowledge that we may retain archived copies of your User Materials and may continue to use your User Materials in connection with any materials that were created prior to your removal of your User Materials, in accordance with the license described above.

5.3 Feedback.

ISACA shall have a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate into the Services, without restriction, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the Services (“Feedback”). ISACA will not publicly identify you as the source of such Feedback without your permission.

5.4 Usage Data.

ISACA may collect and use data analytics, technical logs, learnings, and other data generated from your use of the Services (“Usage Data”) for purposes of operating, maintaining, securing, and improving the Services. To the extent Usage Data constitutes personal data under applicable law, ISACA will process such data in accordance with the Privacy Notice and applicable data protection rights. Where feasible, ISACA may aggregate or de‑identify Usage Data and use such aggregated or de‑identified data for analytics and service improvement.

5.5 Ownership.

Except for the limited license granted to ISACA under Section 5.2 (User Grant of License), ISACA agrees that you are the sole and exclusive owner of, and will retain, all rights, title and interest in your User Materials. Except for the limited license granted to you pursuant to Section 5.1 (ISACA Grant of License), you agree that ISACA is the sole and exclusive owner of, and will retain all right, title and interest in and to the Services, Usage Data, Feedback, ISACA Marks, Output, and ISACA Content, including all of the software comprising any portion thereof and all related services, specifications, documentation, technical information, corrections, modifications, derivatives, additions, improvements and enhancements to and all intellectual property rights in the foregoing. All techniques, know-how, software, algorithms and methods or rights thereto owned by ISACA, developed during the course of the design, development, and provision of the Services, or which are employed by ISACA in connection with the Services, shall be and remain the property of ISACA.

6 USER MATERIAL CONTENT

6.1 User Materials.

Our Services may offer you the opportunity to input, submit or post information to the Services, and to share information with other users through the Services chat rooms or via social media forums. Any information, Input, data submitted to the Services or to which ISACA is otherwise granted access to while providing the Services or to made available through our social media forums on the internet through any means is “User Materials”. You are solely responsible for your User Materials. ISACA is not a publisher of User Materials and we are not responsible for its accuracy or legality. If you submit User Materials to any area of the Services that is accessible by other users, other users may be able to search for, see, use, modify and/or reproduce any of User Materials on or off the Services.

6.2 Your Representations.

By posting User Materials, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all User Materials; or (ii) you have sufficient rights to use such User Materials in connection with the Services, including to grant the license set forth in Section 5.2 (User Grant of License). You further represent and warrant that all persons and entities connected with the User Materials, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the User Materials or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the User Materials and the rights granted herein.

6.3 Additional Rules Regarding User Materials.

By using our Services, you agree not to post any User Materials that you know is incorrect or not current. To the extent you are an employer submitting personal data about any employee via the Services, you represent that you are submitting the employee’s personal data in compliance with applicable law, and to the extent any consent is necessary, you have obtained the employee’s consent to provide ISACA with such information. You further agree not to post User Materials or take any action that (a) creates liability for us in any manner whatsoever; (b) violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct; (c) scans or tests the vulnerability or security of our Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Services; (d) contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law; (e) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane; (f) advertises the products or services of others or contains links to third-party web sites or solicits business for products or services other than those that are offered and promoted on the Services; (g) contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Services or our systems and or create or impose a large burden or load on our Services or systems; or (h) that infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right.

6.4 Our Rights.

We reserve the right, but do not have the obligation to monitor, remove, or restrict any User Materials for any reason, including, without limitation, that your User Materials is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion. You agree that any action or inaction we take to prevent, restrict, redress, or regulate User Materials, or to implement other enforcement measures against any User Materials, is undertaken voluntarily and in good faith. We may moderate User Materials, conduct, and compliance with these Terms or other agreements you have with ISACA at our discretion, but they do not have any authority to make binding commitments, promises or representations on our behalf. You expressly agree that we shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any User Materials, conduct or potential or purported violation of the Terms.

7 THIRD-PARTY CONTENT AND SERVICES

7.1 Third-Party Services.

The Services may use, contain and/or integrate AI Features and links to third-party websites (“Third-Party Websites”), third party applications, features, or services (“Third-Party Applications”) (collectively, the “Third-Party Services”). ISACA has no control over these Third-Party Services or their content, and does not assume responsibility or liability for any content, opinions, or material available on them. Third Party Services may include websites operated by third parties that ISACA engages to provide certain services to you on ISACA’s behalf. The Services may also contain data or other materials that are made available by third parties, or content that are based on such third party data or other materials.

7.2 Third Party Content.

ISACA is not responsible for and does not control any materials or content uploaded by other Users or incorporated into the Services from providers of Third Party Services (“Third Party Content”). ISACA does not approve or endorse, or make any representations or warranties with respect to, Third Party Content. Your use of all Third Party Content and interactions with other users is at your own risk. You are solely responsible for your interactions with other users of the Services and any other third parties with whom you interact through the Services; provided, however, that ISACA reserves the right, but has no obligation, to intercede in any disputes between you and any other users or third party providers. You agree that ISACA will not be responsible for any liability incurred as the result of your interactions with other users or providers of Third Party Services.

8 PURCHASES & PROMOTIONS

8.1 Purchases.

If you wish to purchase any products or services, or register for any events, conferences or training, or other ISACA Content made available through the Site or Services, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We may require additional information from you prior to accepting or processing your order. You may need to create an ISACA account to purchase ISACA Content through the Services. This section and all provisions of these Terms apply to your purchase. Any additional terms may apply before you can access or download the ISACA Content.

All payment card transactions processed through the Services are handled by third-party payment processors.

8.2 Auto-Pay and Subscription Disclosures.

Certain ISACA Services, including Memberships, Certifications, digital learning subscriptions, and other recurring or auto-paying offerings, may renew automatically unless you cancel prior to the renewal date. Eligible Members may opt in to automatic renewal payment during enrollment or via their My Account profile. When enabled, memberships and subscriptions renew annually, and the stored payment method is automatically charged on the Member’s anniversary renewal date. Auto‑pay may be canceled at any time prior to renewal through the My Account profile. For any auto‑paying service, ISACA will provide clear pre‑purchase disclosures of renewal terms, the length of the renewal period, pricing, and cancellation instructions as required under applicable law, including the U.S. Restore Online Shoppers’ Confidence Act (ROSCA) and California’s Auto‑Renewal Law. When auto-pay is enabled, Memberships, Certifications, and subscriptions renew annually, and the stored payment method is automatically charged on the anniversary renewal date. Please note that renewal of Certifications (as defined below) is subject to continuing professional education (CPE) requirements.

You may cancel an auto-paying Service at any time through your ISACA account, or via the cancellation method provided in the renewal notice. Cancellation will take effect at the end of the current billing cycle unless otherwise required by applicable law.

8.3 E‑Commerce.

ISACA Services, including online courses, digital memberships, exam registrations, and subscription or auto-renewing offerings, may not be purchased or authorized by individuals under the age of 18. ISACA reserves the right to require such authorization prior to completing any transaction or activating any subscription, and may suspend or terminate access where such authorization is not obtained.

8.4 Purchase Process.

To pay for ISACA Content, you will be asked to select from a list of available payment methods. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We reserve the right to request proof of payment before accepting an order. By submitting an order to ISACA and providing your payment method information, you acknowledge that:

• you have confirmed the details of your purchase
• you have read and accept these Terms, and any applicable additional terms or agreements
• your billing and payment method information are true and accurate, and
• you are authorized to use such payment method

You agree not to make use of any payment methods to purchase ISACA Content for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offence or other unlawful activity. Your account may be suspended or terminated if such activity is detected by ISACA on your ISACA account.

Your order is an offer to purchase ISACA Content at the Purchase Price (as defined in Section 8.6 below) and any additional terms shown. All orders are subject to ISACA’s acceptance. We reserve the right to refuse or cancel your order at any time for any reason, including but not limited to: product or service availability; we suspect you are purchasing products for resale without written permission from us; errors in the description or price of the product or service; error in your order or other reasons; or if fraud or an unauthorized or illegal transaction is suspected. Furthermore, we reserve the right to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Services.

After having received and accepted your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. If you have any queries regarding an order, please contact us.

Without limiting the generality of any other section of these Terms, ISACA reserves the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Site to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your order will be reduced accordingly.

All orders may be subject to verification by ISACA at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to ISACA): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these Terms. It is your responsibility to ensure that all your contact details, items ordered, chosen method of payment and the purchase price in the order confirmation are correct.

8.5 Pricing and Taxes.

All fees are exclusive of taxes, which we will charge as applicable. When you purchase ISACA Content the price payable is the price indicated at the time of purchase, and you agree to pay all fees specified plus all applicable sales and/or use taxes, GST or VAT that ISACA assesses on your purchase (the "Purchase Price"). Sales or use tax will be calculated based on your billing address.

All prices are in United States dollars, unless otherwise stated. We are not able to notify you in advance of changes in applicable taxes. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the ISACA Content until we have successfully charged a valid payment method.

We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Please note, your payment method provider may apply a currency conversion rate to the Purchase Price, and/or additional processing fees. ISACA is not responsible for such charges and fees; please contact your payment method provider for further details. In addition, there may be additional costs associated with accessing ISACA Content depending on your internet service provider ("ISP") and/or network operator ("NO") plan. Please see your ISP's or NO's terms and conditions.

8.6 Shipments, Delivery & Risk of Loss.

We will arrange for shipment of print books, materials, and general merchandise (“Products”) to you. Please check the webpage for a particular product for specific delivery options, including the identity of the shipper and please ensure that the delivery options selected are reflected correctly on the order. You are responsible for all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of Products to the carrier. The estimated delivery time will be specified in your order; however, shipping and delivery dates are estimates only and cannot be guaranteed. To the fullest extent permissible by applicable law, we are not liable for any delays in shipments.

8.7 ISACA Products and Services Not for Resale or Export.

You agree to comply with all applicable laws and regulations, including those of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying ISACA Products or Services from the Site for your own use only, and not for resale or export. Products and Services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

8.8 Promotions.

We may occasionally offer contests, sweepstakes or promotions. The specific terms and rules of each promotion are stated at the time the promotion is offered. Each promotion may be different and subject to its own rules and terms. Promotions cannot be combined. You may be required to provide your payment details when you sign up for a promotion. Certain promotions may not permit cancellation during the promotional period or include additional obligations or restrictions as set forth in the promotion’s rules and terms. You agree to the rules and terms for such promotion at the time of entering, accepting or purchasing any promotion or Services to which a promotion is applicable.

9 REFUNDS, SUBSCRIPTIONS & FEE CHANGES

Please see the information and chart below for details on refund eligibility, which varies by Product and Service.

One-time purchase for Products or Services: One-time purchases of Products or Services, such as purchases of print books and materials, digital learning materials, and general merchandise, cannot be canceled or refunded, unless there are additional terms for a specific product or service that permit otherwise. All event registration sales are nonrefundable and nontransferable Unless otherwise stated by ISACA in a separate written Cancellation Policy or Registration and Payment Policy for an individual event.

Memberships and dues: Professional Memberships and chapter dues are non-refundable once purchased.

Subscription fees: We may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current billing cycle. We will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Exams fees and registrations: In order to receive refunds for exam fees and registrations, written notice must be received by ISACA within thirty (30) days of the exam purchase date to receive a full refund. No refunds can be issued for exams that the individual has already taken. Any chargeback processed on a registration payment will place a management hold on a Candidate’s (as defined below) ISACA account until appropriate payment is procured. Management holds will prevent Exam scores from being distributed and/or Certification applications from being processed.

10 ACCESS TO SITE & SERVICES

While ISACA endeavors to ensure that this Site and its Services are available at all times, during regular business hours, as may be applicable, ISACA will not be liable if, for any reason, this Site or Services are unavailable at any time or for any period. Access to the Services may be suspended temporarily and without notice, such as in the case of system failure, maintenance or repair or for reasons beyond ISACA’s reasonable control.

11 CONFIDENTIALITY

11.1 Definition.

“Confidential Information” means all information disclosed by ISACA or made available to you through the use of or access to the Services, whether tangible or intangible and in whatever form or medium provided.

11.2 Non-Disclosure.

ISACA may disclose or make available Confidential Information to you in connection with its performance of any services to you, whether or not pursuant to these Terms or through the Services. You must: (a) hold in confidence and safeguard the Confidential Information of ISACA from unauthorized use, access or disclosure using no less than a commercially reasonable degree of care at least as strict as the level of care used by you to protect your own confidential information; (b) not use or exploit the Confidential Information in any way except for the purposes of using the Services; and (c) not disclose or make available such Confidential Information (in whole or in part) to any person or entity other than to its representatives who: (i) need access to such Confidential Information pursuant to their provision of services to you or as part of their employment by you; and (ii) are bound by obligations with respect to Confidential Information consistent with, and no less protective than these Terms. You are responsible for any and all breaches of these Terms caused by its representatives, employees, or other third parties who gain access to Confidential Information through you. You must promptly report to ISACA any actual or suspected violation of these Terms and take all reasonable further steps to prevent, control or remedy any such violation.

11.3 Exclusions.

Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of your breach of these Terms; (b) is obtained by you on a non-confidential basis from a third-party that was not legally or contractually restricted from disclosing such information; or (c) you establish by documentary evidence, was or is independently developed by you without using any Confidential Information of ISACA.

11.4 Injunctive Relief.

ISACA may seek injunctive or other equitable relief for an actual or threatened breach of this Section 11.

12 WARRANTIES AND DISCLAIMERS

12.1 User Representations and Warranties.

You represent and warrant to ISACA that (a) the User Materials do not infringe, violate, or misappropriate the intellectual property rights or proprietary rights of any third party; (b) you have obtained all necessary rights and consents to provide the User Materials to ISACA under these Terms; (c) you hold all applicable licensures and qualifications required by applicable law and will otherwise conduct itself in accordance with all applicable law, and (d) you satisfy and will continue to satisfy all eligibility requirements identified on the Service, as such requirements may be revised or updated.

12.2 Disclaimer.

EXCEPT TO THE EXTENT SET FORTH UNDER THESE TERMS, THE SITE, THE SERVICES, PRODUCTS, THE ISACA CONTENT, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WITH ALL FAULTS, ERRORS, BUGS, AND DEFECTS. EXCEPT AS OTHERWISE STATED IN THESE TERMS, ISACA MAKES NO OTHER REPRESENTATION, WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, CHARACTER, NATURE, CAPABILITY, PERFORMANCE, SECURITY, AVAILABILITY, SUITABILITY, TITLE, SOURCE OR ANY OTHER CHARACTERISTIC OF THE SERVICE OR ANY PORTION THEREOF. BY OPERATING THE SITE, ISACA DOES NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY OF THE CONTENT, MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SERVICES, OR THAT WE BELIEVE THE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. ISACA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE PRODUCTS, OR THESE TERMS, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; OR (iii) ANY WARRANTY THAT THE SITE OR THE SERVICE WILL BE SECURE OR ERROR-FREE, WILL MEET USER’S REQUIREMENTS, WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY OR SECURE, OR OPERATE WITHOUT ERROR. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE, THE SERVICES, OR THE PRODUCTS.

NO ADVICE, OUTPUT, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED OR ACCESSED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES, AND THE PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICE, THE PRODUCTS AND YOUR USE THEREOF. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND IN ADDITION TO ANY FURTHER DISCLAIMERS, ISACA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE, THE SERVICES, THE ISACA CONTENT, THE PRODUCTS OR ANY OTHER MATERIALS OR ITEMS ON THE SITE OR LINKED TO BY THE SITE. ISACA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF ISACA CONTENT, THE PRODUCTS, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE SITE), (II) PERSONAL INJURY, PROPERTY DAMAGE OR INVESTMENT LOSSES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, AND THE PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITE, SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SITE OR SERVICES, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES, INCLUDING BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT, MATERIALS OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, THE SERVICES, THE PRODUCTS, OR ANY OF THE ISACA CONTENT, MATERIALS OR ITEMS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR BY ISACA.

12.3 AI Features Disclaimer.

Due to the nature of the AI Features, ISACA does not represent or warrant that (i) any Output does not incorporate or reflect third-party content or materials or (ii) any Output will not infringe third-party intellectual property rights. The Output of AI Features is generated by artificial intelligence. ISACA has not verified the accuracy of the Output. ISACA makes no warranty or guarantee as to the accuracy, completeness or reliability of the Output and does not accept any liability or responsibility arising in any way from any use of the Output or any omissions or errors contained in the Output.

13 LIMITATION OF LIABILITY

13.1 Liability Cap.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ISACA, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, LICENSORS, CONTRACTORS, REPRESENTATIVES AND AGENTS, BE LIABLE UNDER ANY THEORY OF LIABILITY WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEY’S FEES AND COSTS, OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF FEES PAID BY USER FOR USE OF THE SERVICES GIVING RISE TO SUCH DAMAGES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM OR $100, WHICHEVER IS LESS. THE LIMITATIONS SET FORTH IN THIS ARTICLE 13 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO USER’S OBLIGATION TO PAY FOR FEES DUE UNDER THESE TERMS OR ANY OTHER AGREEMENT BETWEEN USER AND ISACA.

13.2 Disclaimer of Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ISACA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS, BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL.

13.3 No Liability for Conduct of Third Parties.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SITE OR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ISACA IS NOT LIABLE, AND AGREE NOT TO SEEK TO HOLD ISACA LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, INCLUDING ANY THIRD-PARTY PROVIDERS OF AI FEATURES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT ISACA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OR THIRD PARTIES. ISACA MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ISACA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY THIRD-PARTY CONTENT OBTAINED THROUGH THE SERVICES.

14 INDEMNIFICATION

You agree to indemnify and hold harmless ISACA, its affiliates, subsidiaries, shareholders, officers, directors, employees, licensors, contractors, agents and representatives, (each, a “ISACA Party” and collectively, the “ISACA Parties”) against any and all losses, liabilities, damages, penalties, liens, fees (including reasonable attorneys’ fees, disbursements and costs of investigation), costs and expenses (collectively “Losses”) suffered, incurred or sustained by any ISACA Parties or to which any ISACA Parties become subject, resulting from or arising out of or relating to any third party claims arising out of: (a) the User Materials, including any use of the Output by you; (b) your use of, or inability to use, the Service; (c) your violation of these Terms; (d) your violation of any rights of another party, including the infringement, violation or misappropriation of any intellectual property rights or proprietary rights of a third party; (e) your violation of any applicable laws, rules or regulations; and (f) your willful, grossly negligent, tortious or criminal acts or omissions. ISACA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ISACA in asserting any available defenses. The applicable ISACA Party will provide you written notice of any claim for it seeks indemnification under this Section.

15 BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; DISPUTE RESOLUTION

IMPORTANT NOTICE — ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER.

THIS SECTION TITLED “BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; DISPUTE RESOLUTION” SETS FORTH THE TERMS OF AN ARBITRATION AGREEMENT BETWEEN YOU AND ISACA. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION CAREFULLY. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION REQUIRES YOU TO RESOLVE MOST DISPUTES WITH ISACA THROUGH BINDING, INDIVIDUAL ARBITRATION, AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

15.1 ARBITRATION AGREEMENT; GOVERNING LAW; VENUE:

Except for 16.5, any Dispute (any dispute, claim, or controversy arising out of or relating to the Platform, PRODUCTS SOLD, the Services, or these terms) shall be resolved by final and binding arbitration as described by this Section 15. these terms and your use of the Services and Platform are governed by, construed and enforced in accordance with the internal substantive laws of the State of ILLINOIS, United States, regardless of the State’s conflict of laws provisions. However, any question as to whether a Dispute is subject to the mandatory dispute resolution provisions of this Section 16 is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”). For any Dispute allowed to proceed in court, or to enforce these terms, the Parties agree to exclusive personal jurisdiction and venue in (i) the State courts of Cook County, illinois or (ii) the United States District Court for the northern District of illinois.

15.2 INFORMAL DISPUTE RESOLUTION AND CLAIM CERTIFICATION (MANDATORY):

Before either party initiates arbitration, the party seeking relief must send a written Pre-Dispute Notice that includes: (i) the claimant’s name, mailing address, and email associated with the account (if any); (ii) a detailed description of the facts and the specific relief requested; and (iii) a personally signed declaration by the claimant (and by counsel, if represented) attesting under penalty of perjury that the information is accurate and made in good faith. Notice to isaca: ISACA LEGAL DEPARTMENT, 1700 E. Golf Road, Suite 400, Schaumburg, il 60173, USA. The parties will work in good faith to resolve the Dispute for SIXTY (60) days after a complete Notice is received. Arbitration may not be initiated until this informal process concludes.

During the SIXTY (60)-day good faith negotiation period, we will meet via telephone or videoconference, in a good-faith effort to confer with each other and try to informally resolve the Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. Any statute of limitation relevant to a Dispute under applicable law shall be tolled from the date of receipt of a completed Notice, through and including the foregoing negotiation period, and continuing until final resolution of any arbitration proceeding, unless the party providing the Notice withdraws or abandons the Dispute at any point, or the arbitration proceeding is withdrawn or dismissed. Failure to complete the requirements of the SIXTY (60)-day good faith negotiation period is grounds for dismissal of any arbitration proceeding.

Any Dispute that the parties cannot resolve through the SIXTY (60)-day good faith negotiation period must be brought on an individual basis and will be resolved exclusively by final and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “Arbitrator”). You may initiate an Arbitration by sending a demand that includes all of the information required in the Notice to: ISACA LEGAL DEPARTMENT, 1700 E. Golf Road, Suite 400, Schaumburg, il 60173, USA.

The parties will meet and confer in good faith to select an Arbitrator and applicable fee schedule subject to Section 16.3 herein. The Arbitrator must have experience with the subject matter of the Dispute. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three (3) arbitrators who meet the qualifications described in these terms. If, after SIXTY (60) days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the state or federal courts in the county and state where you reside, to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.

15.3 COSTS AND FEES:

You shall not be required to pay a filing fee greater than the then-current fee to file a civil complaint in federal court in ILLINOIS. Except as otherwise provided by law or this Section 16, each party bears its own attorneys’ fees and costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost prohibitive, regardless of the outcome of the Arbitration. However, if the Arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you shall reimburse us for any fees and costs that were advanced by us on your behalf. You may hire an attorney to represent you in Arbitration. You may only recover your attorneys’ fees and costs in the Arbitration if (i) the Arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case or (ii) the Arbitrator finds that any Dispute we bring against you was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.

15.4 ARBITRATION PROCEDURES:

Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered pursuant to the most recent version of the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (the “AAA Rules”), with the exclusion of any associated fee schedules and as modified by the version of this arbitration provision that is in effect when you notify us about your Dispute, unless the parties mutually agree to use an arbitration provider other than the AAA. The selection of the AAA Rules is meant to govern procedural issues only, and such selection does not mean that AAA will administer the Arbitration or appoint the Arbitrator. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org). If there is a conflict between this arbitration provision and the rest of these Terms, this arbitration provision shall govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision shall govern. A single Arbitrator will resolve the Dispute. Unless you and we agree otherwise, any Arbitration hearing will take place at a location convenient to you in the in the county where you reside when you notify us of your Dispute. The parties may mutually agree that the Arbitration be conducted via electronic or telephonic means, including via the submission of documents only through a desk Arbitration as described in the AAA Rules. The Arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect other confidential or proprietary information. The Arbitrator shall issue a reasoned written decision that explains the Arbitrator’s essential findings and conclusions. The Arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the Arbitrator’s award. An Arbitrator’s award that has been fully satisfied shall not be entered in any court

15.5 EXCEPTIONS (SMALL-CLAIMS; IP/INJUNCTIVE RELIEF):

Either party may (i) bring an individual claim in small-claims court if the claim qualifies; and/or (ii) seek temporary or preliminary injunctive relief in a court of competent jurisdiction to preserve the status quo or prevent irreparable harm pending arbitration (e.g., protection of intellectual property, confidentiality, or data security rights). Any such limited court action is not a waiver of arbitration.

15.6 CLASS ACTION WAIVER:

WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND ISACA AGREE THAT ALL CLAIMS AND DISPUTES BROUGHT BY EITHER PARTY AGAINST THE OTHER WILL BE BROUGHT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. If the class/representative waiver in this section is found unenforceable as to a particular claim or request for relief, then that claim or request must proceed in court and not in arbitration.

15.7 WAIVER OF JURY TRIAL:

WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND ISACA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.

15.8 SURVIVAL; SEVERABILITY; INTERPRETATION:

This Section 16 survives termination. If any portion is found unenforceable, that portion is severed and the remainder remains in full force and effect, except that if the class/representative waiver in SECTION 16.6 is held unenforceable as to a claim, that claim (and only that claim) proceeds in court and not arbitration

15.9 MODIFICATION:

WE MAY UPDATE THIS SECTION ON A GOING-FORWARD BASIS. IF ISACA MAKES A MATERIAL CHANGE TO THIS SECTION, YOU MAY REJECT THAT CHANGE BY NOTIFYING US IN WRITING WITHIN THIRTY (30) DAYS OF THE “LAST UPDATED” DATE OF these terms BY WRITING ISACA AT THE FOLLOWING ADDRESS: ISACA LEGAL DEPARTMENT, 1700 E. Golf Road, Suite 400, Schaumburg, il 60173, USA; your account (if any) may be closed, and the version of this Section 16 in effect immediately prior to the change will govern any Dispute that arose before you rejected the change.

16 GOVERNING LAW AND JURISDICTION

Subject to Section 16, all disputes in connection with the Services and any purchases made through the Site, shall be governed by, and construed in accordance with, the laws of the State of Illinois, consistent with the Federal Arbitration Act, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above shall take place in the State of Illinois in the state or federal courts in Cook County, Illinois and you consent to the exclusive jurisdiction of such courts.

17 CLAIMS OF COPYRIGHT INFRINGEMENT — DMCA NOTICE

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), request removal of those materials from the Services by submitting written notification to the address or email set forth below.

Please report alleged copyright infringements taking place on or through the Site by submitting a written notice (the “DMCA Notice”) to us with the following information:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Completed DMCA Notices should be sent by email to: legal@isaca.org or ISACA Legal Department, 1700 E. Golf Road, Suite 400, Schaumburg, IL 60173, USA. Upon receipt of DMCA Notice we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Service.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

18 TERMS RELATING TO EVENTS

18.1 Applicability of Terms to Events.

If you attend or participate in any ISACA event, including, but not limited to, conferences, in-person training, online training, webinars, and other virtual or in-person events (together, “Events”), these Terms, including the terms in this Section 18, apply to you. Acceptance of all Terms is required to register and participate in an Event.

18.2 Non-discrimination.

ISACA prohibits discrimination, harassment, and bullying against any person for any reason—for example, because of age, ancestry, color, disability or handicap, national origin, race, religion, gender, sexual or affectional orientation, gender identity, appearance, matriculation, political affiliation, marital status, veteran status, or any other characteristic protected by law. Participants at Events are expected to treat all Event participants, staff, vendors and others with tolerance and respect at all times, and to contact ISACA staff in the event of any issues or concerns.

18.3 Liability Waiver and Release.

In consideration of being allowed to register for, and participate in the event, you hereby warrant and represent that you are age 18 or above and freely waive, release from liability, assume all risks, and covenant not to sue ISACA or its members, employees, directors and officers, agents, or volunteers for any expense, loss, damage, personal injury, including loss of life, illness, disability, property damage, or property theft or actions of any kind that you may hereafter suffer or sustain before, during, or after the event, unless said expense, loss, damage, personal injury, including loss of life, illness, disability, property damage or property theft or actions of any kind is caused by the sole, gross negligence of ISACA. This liability waiver and release is specifically binding upon your heirs and assigns and is knowingly given.

18.4 Event Speakers.

If you agree to speak at an ISACA Event, in compliance with applicable laws, we may share your contact and biographical information with Event attendees. Sometimes we may also request a photograph. In other cases, we post on the respective Event website information such as your name, employer, physical work address, work email address, as well as a link to your company website and/or professional network page available to the public. Additionally, speakers may be asked to complete a release agreement or copyright form prior to their presentation.

18.5 Badge Scanning.

At some ISACA Events, co-sponsors, exhibitors and other third parties may directly request your personal information at their exhibit booths or presentations. Providing your information to them is optional, and you should review their privacy policies to address your needs and concerns about how they will treat your personal information. If during the event you attend a session or program hosted by an exhibitor other than ISACA, you understand and agree that when you present your badge for scanning or when you provide personal data, that data will go to a non-ISACA entity and ISACA takes no responsibility for how that company uses your personal data.

18.6 Photography and Recordings.

ISACA may hire professional service providers (E.g., photo, video, streaming or audio) to document and display the Event experience. ISACA may also use social media to post real-time photos and videos to social media feeds. Attendees and sponsors are also encouraged to capture their event experiences and post their own social content from the Event (text, photos, audio, video, streaming), provided it does not infringe upon the rights of any attendee, sponsor, third party, or ISACA. Such infringement would include, but is not limited to, defamation or infringement of intellectual property rights. In the event an attendee requires a release or permission to protect the rights of a third party, obtaining such a release or permission shall be the sole responsibility of the attendee. By attending the Event, and to the extent permissible under applicable law, you acknowledge and agree as follows: (a) ISACA may edit and use footage it captures at the event for marketing and promotional activities and for any other lawful purpose in the ordinary course of its business; and (b) due to the prevalence of mobile recording devices in today’s world, ISACA disclaims all liability for the capture of your image in any multimedia format by other attendees at the event.

18.7 Session Availability.

Your Event registration provides access to certain sessions based on your attendee profile and registration package. Session admission is also subject to venue capacity. Your Event registration does not guarantee access to any sessions.

18.8 Attendee Conduct.

You agree to abide by all fire, safety, and health regulations of the local, city, state, hotel, convention centers and health screening vendors where the Event is held. You must comply with all applicable federal, state, and local ordinances, as well as ISACA policies and procedures. You understand and agree that attendees who violate such rules or policies, and/or behave in an unsafe or careless manner while attending the Event may be denied entry and/or asked to leave immediately. You acknowledge that such violations may result in your removal from the Event and You may be barred from returning without any registration fee refund. Illegal, disruptive or dangerous behavior that interferes with the Event, or anyone else’s health or safety, is strictly prohibited.

19 TERMS RELATING TO EXAMS

19.1 Applicability of Terms to Exams.

These Terms apply to all ISACA Exams and to anyone registering to take an Exam (a “Candidate”). By proceeding to register for an Exam on the Site, you are accepting these Terms. “Exam” means a proctored assessment administered by or on behalf of ISACA that evaluates a candidate’s knowledge, skills, and competencies against defined domains or job practice areas for a specific ISACA credential. If you do not or cannot agree to the Terms, then do not accept these Terms and do not continue with the Exam registration.

Please note exams are proctored by a third party and you may be subject to additional terms of such third party at time you take an Exam. We are not responsible for such third-party proctors.

19.2 Prohibited Conduct.

Candidates are strictly prohibited from engaging in the following conduct when registering for or taking an Exam (“Exam Prohibited Conduct”) and engaging in Exam Prohibited Conduct may result in nullification of Exam scores:

• Having in their possession any study material notes, note pads, cell phone(s), recording device(s), and any other electronic device(s) while taking the exam.
• Copying, photographing, or harvest (memorizing for future use) Exam questions or answers in any manner.
• Selling, licensing, distributing, exchanging, giving away, commenting on or discussing, either directly or indirectly, any question or any part of any question from the Exam to any person or entity before, during, or after the Exam. This includes publication or sharing of Exam questions, answers or thoughts on any questions or the Exam’s format in any online forum or media (i.e., via email, Facebook, LinkedIn, online communities or other networking application).
• Giving or receiving assistance while taking an Exam, including the use of unauthorized study material or unauthorized notes.

19.3 Review and Analysis of Exam Results.

ISACA, directly or through its designated agents, have the right to analyze Exam results and Exam data in any way it sees fit to monitor for Exam fraud and Exam irregularities.

19.4 Candidate Disqualification and Exam Invalidation.

ISACA reserves the right, in its sole discretion to disqualify any Candidate from taking or continuing to sit for an Exam, or from receiving their Exam score if ISACA has a reasonable belief that a Candidate was engaged in collaborative, disruptive, or other unacceptable behavior before, during or after the administration of an Exam (“Disqualification”). ISACA reserves the right to invalidate any Exam score if ISACA has any reasonable basis to question the validity of such score (“Invalidation”). No refunds will be issued for Disqualification or Invalidation.

19.5 Retention of Exam Materials.

The unauthorized receipt, retention, possession, copying, or disclosure of any Exam materials, including but not limited to the content of an Exam, before, during, or after the Exam is in violation of the confidential nature of the Exam and can result in disciplinary or legal action such as civil or criminal penalties, invalidation of Exam scores, and revocation of ISACA Membership and ISACA Certification(s) currently held.

19.6 Recording of Exam Session.

ISACA, directly or through its designated agents, may record Exam sessions issued remotely via conferencing tools as part of the Exam proctoring process. You will be asked to consent to the recording prior to the start of the Exam.

20 TERMS RELATING TO CERTIFICATIONS

20.1 General Obligations.

If you apply for a Certification or renewal of a Certification (“Certification Application”) you warrant and represent that all information provided by you in support of the Certification Application (“Certification Application Information”) is complete and accurate. “Certification” means an official credential granted by ISACA to an individual who has satisfied all applicable requirements, which may include passing an Exam, meeting professional experience criteria, and complying with ISACA’s ethical and continuing education obligations. You agree and acknowledge that if it is later determined by ISACA in its sole and reasonable discretion that any Certification Application Information is incomplete, false, or otherwise inaccurate, that you may be subject to any or all of the following:

• revocation of the relevant Certification;
• revocation of all Certifications you hold;
• a temporary or permanent ban on holding ISACA Certifications; and
• if you are an ISACA Member, termination of Membership

20.2 General Prohibitions.

You agree that you will:

• Not use the Certification in such a manner as to bring ISACA into disrepute, and not make any false or misleading statement regarding ISACA, or regarding any Certification;
• Not use any Certification trademarks or logos in a misleading or unauthorized manner; and
• Not falsely claim that you hold a Certification, which includes, but is not limited to, listing a Certification that you do not currently hold on a website profile or social media account (a “False Certification Claim”).

20.3 False Certification Claims.

You acknowledge and agree that False Certification Claims are a violation of the ISACA Code of Professional Ethics and that if you make a False Certification Claim that you:

• will be subject to disciplinary action at ISACA’s sole discretion which may include any or all of the following:
  • revocation of the Certification that is the subject of the False Certification Claim;
  • revocation of all Certifications you hold;
  • a temporary or permanent ban on holding ISACA Certifications;
  • if you are an ISACA Member, termination of Membership; and
• must pay ISACA $500 USD per Certification that is the subject of the False Certification Claim within 15 days of ISACA’s written notice to you of your False Certification Claim.

20.4 Certification Obligations for Certification Holders.

If you have been granted a Certification by ISACA you warrant and represent that you understand the requirements of, and are in compliance with the Continuing Professional Education (CPE) requirements of the Certification, and agree to:

• Provide proof of meeting CPE requirements if so requested.
• Notify ISACA's Certification Department promptly if you are unable to comply with the Certification requirements, including carrying out the tasks of the holder of the relevant Certification.
• Comply with the ISACA Policies.
• Upon suspension, or withdrawal of a Certification, discontinue any and all claims to that you hold the Certification and to destroy any Certification certificate or documents.

20.5 Disclaimer.

We disclaim all responsibility for certifications that you may receive from a third party, even if such certification was obtained in relation to Third-Party Services. Please see Section 7 for additional terms and disclaimers relating to Third-Party Services.

21 INTERNATIONAL USERS

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING PROVISIONS IN THE TERMS, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

21.1 Australia.

Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.

21.2 Canada.

L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us at the contact details listed at the end of these Terms.

22 MISCELLANEOUS

22.1 Waiver.

The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.

22.2 Severability.

If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms constitute the entire agreement between the parties relating to the use of the Services and supersede and replace any prior agreement and communication between the parties relating thereto.

22.3 Notice to New Jersey Users.

Notwithstanding anything set forth in these Terms, if any of the provisions set forth in Sections 13, 14, 15, or 16 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you, but the rest of the terms shall remain binding on you and ISACA. In addition, for New Jersey residents, the limitation on liability may be inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms, nothing in these Terms is intended to, nor shall it be deemed or construed to, limit any rights available to New Jersey residents under the Truth-in-Consumer Contract, Warranty and Notice Act.

22.4 Notice to California Users.

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice. If a user has a question or complaint regarding the Services, please send an email to legal@isaca.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1.916.445.1254 or +1.800.952.5210.

22.5 Independent Contractors.

Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between ISACA and any user.

22.6 IRS Notice.

Contributions or gifts to ISACA are not deductible as charitable contributions for U.S. income tax purposes. However, they may be tax deductible as ordinary and necessary business expenses subject to restrictions imposed as a result of association lobbying activities. Please consult your tax advisor.

22.7 Assignment.

We may assign our rights under these Terms without your approval and with or without notice to you.

22.8 Entire Agreement.

These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.