Last Updated: 22 February 2024

IMPORTANT NOTICE FOR RESIDENTS IN NORTH AMERICA ONLY: YOU AND ISACA^® AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND ISACA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 13.

TABLE OF CONTENTS

1. INTRODUCTION
2. YOUR USE OF OUR SERVICES
3. ACCEPTABLE USE
4. RESTRICTIONS ON USE OF SITE CONTENT AND IN PUBLICATIONS
5. USER GENERATED CONTENT, FEEDBACK AND SUBMISSIONS
6. PURCHASES & PROMOTIONS
7. REFUNDS, SUBSCRIPTIONS & FEE CHANGES
8. ACCESS TO SITE & SERVICES
9. THIRD PARTY LINKS
10. DISCLAIMER
11. LIABILITY
12. INDEMNIFICATION
13. DISPUTE RESOLUTION, ARBITRATION, GOVERNING LAW AND JURISDICTION
14. CLAIMS OF COPYRIGHT INFRINGEMENT — DMCA NOTICE
15. EVENTS
16. EXAMS
17. CERTIFICATIONS
18. MEMBERSHIPS & ACCOUNTS
19. INTERNATIONAL USERS
20. MISCELLANEOUS
21. CONTACT US

1. INTRODUCTION

These Terms of Use (“Terms”) apply when you access, use, or visit websites owned and operated by the Information Systems Audit and Control Association, Inc., CMMI^® Institute, and their related or affiliated companies (collectively “ISACA”, “we”, “us” or “our”), including those located at http://shfwb.bagmakerblog.com, http://cmmiinstitute.com 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, events, newsletters, publications, chatrooms, live sessions, webinars, video presentations, social media postings, applications, email communications, research reports, or other features available on websites and mobile applications owned and operated by ISACA or our affiliates that link to these Terms (together with the Site, the “Services”). Please read these Terms carefully because they contain important information about your legal rights, remedies, and obligations.

By accessing or using the Site or Services, you are agreeing to the terms and conditions of these Terms, without modification, and entering into a binding contract with us that governs our Services and your use of the Site and Services.

Your continued access and use of the Site and Services is conditional on your acceptance of and continued compliance with the terms and conditions set out below. 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 or to attend one of our conferences, webinars, trainings or events, or using our any of our Services you agree to accept and comply with these Terms. 

ISACA’s 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.

If you do not agree to accept and comply with the Terms, you must immediately stop accessing, browsing or otherwise using our Services.

Occasionally we may make changes to the Terms. When we make material changes to the Terms, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Services under the new version of the Terms you may terminate your account by contacting us.

2. YOUR USE OF OUR SERVICES

2.1  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; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms.

2.2 Account Registration.

For certain aspects of, you may be asked to register an 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 username and password and are fully responsible for all activities that occur under your username and password.  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 also agree that you will provide truthful and accurate information during the registration process. ISACA may refuse to grant a particular username to you for any reason.

2.3 Management of the Services.

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

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.

3. ACCEPTABLE USE

3.1 Prohibition on Transmission of Sensitive Information. 

You are prohibited from transmitting any “Sensitive Personal Data” over the Site, which may include. 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.

3.2 Prohibited Uses of the Site. 

You are prohibited from:

4. RESTRICTIONS ON USE OF SITE CONTENT AND IN PUBLICATIONS

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 the Agreements, 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. 

Nothing on this Site or in the Services should be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any ISACA trademark or ISACA Content without our written permission. Neither the name of ISACA nor our logo may be used in any way, without prior written permission. You are not authorized to use our logo as a hyperlink to the Services unless you obtain our written permission in advance. You shall abide by all additional copyright notices, information, or restrictions contained in any ISACA Content accessed through the Site or Services.  You may download or copy the ISACA Content and other downloadable items displayed in the Services for personal use only, provided that you maintain all copyright and other notices contained therein.

5. USER GENERATED CONTENT, FEEDBACK AND SUBMISSIONS

Our Site and Services may offer you the opportunity to submit or post information to the Site or Services, and to share information with other users through chat rooms or via social media forums. You agree to use common sense, respect for others, and good judgment when conducting or posting any online communication or distribution of information (see also the “Acceptable Use” section below). Any information submitted to the Site, the Services, the Enterprise Portal, or to our social media forums on the internet through any means is “Submitted Content.”  You are solely responsible for your Submitted Content. ISACA is not a publisher of Submitted Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your Submitted Content.

5.1 Your Representations. 

By posting Submitted Content, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the Submitted Content 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 Submitted Content and the rights granted herein.

5.2 Social Media Forums. 

By accessing, viewing and/or posting any Submitted Content to any of our social media forums on the internet, you accept, without limitation or qualification, these Terms, as well as any other terms of use required by the company that owns and operates the underlying social media site (e.g., any terms of use required by Facebook, Twitter, etc). If you do not agree to the these Terms, you may not view or post any content to our social media forums on the internet. Your use of our social media forums is acceptance of these Terms and has the same effect as if you had actually physically signed an agreement.

5.3 Feedback. 

If you submit comments, ideas, or feedback to us through the Site or Services or otherwise, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by ISACA, or obtained from sources other than you.

5.4 License to Submitted Content. 

By posting Submitted Content to any part of the Services you automatically grant, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the Services, our business, or the promotion thereof, to prepare derivative works of, or incorporate such Submitted Content into other works, and to grant and authorize sublicenses of the foregoing. Additionally, by providing Submitted Content, you authorize us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any Submitted Content in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein. You acknowledge that we may retain archived copies of your Submitted Content and may continue to use your Submitted Content in connection with any materials that were created prior to your removal of your Submitted Content, in accordance with the license described above.

5.5 Rules Regarding Submitting Content. 

By using our Services, you agree not to post any Submitted Content that you know is incorrect or not current. To the extent you are an employer submitting personal data about any employee via the Enterprise Portal in relation to a Membership or in relation to other 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 Submitted Content or take any action that creates liability for us in any manner whatsoever; violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct; 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; 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; 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; 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 that infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right.

5.6 Our Rights. 

We reserve the right, but do not have the obligation to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content 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 Submitted Content, or to implement other enforcement measures against any Submitted Content, is undertaken voluntarily and in good faith. We may moderate Submitted Content, conduct, and compliance with the Agreements 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 Submitted Content, conduct or potential or purported violation of the Terms.

6.  PURCHASES & PROMOTIONS

6.1 Purchases.  

If you wish to purchase any products or services, or register for any events, conferences or training made available through the Site or Services ("ISACA Content"), 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. By placing an order for ISACA Content, you acknowledge that you have read and understood the provisions in these Terms and agree to be bound by them.  Any additional terms you accept before accessing or downloading the ISACA Content also apply to your purchase.

6.2 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 this Agreement, and any applicable additional terms
• 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 6.3 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. Acceptance of your order and the formation of the contract of sale between you and ISACA will not take place unless and until you have received your order confirmation e-mail. 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 are 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.

6.3 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.

6.4 Shipments, Delivery & Risk of Loss. 

We will arrange for shipment of the products to you. Please check the individual product page 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 the 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.

6.5 Goods 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 Content 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"). 

6.6 Promotions. 

We may occasionally offer contest, sweepstakes or promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. You are required to provide your payment details when you sign up for a promotion. Certain promotions may not permit cancellation during the promotional period. You agree to the cancellation and refund terms stated at the time of purchase.

7. REFUNDS, SUBSCRIPTIONS & FEE CHANGES

Please see the information and chart below for details on refund eligibility.

One-time purchases for products or services, such as Bookstore sales including 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 written Cancellation Policy or Registration and Payment Policy for an individual event.

Professional memberships and chapter dues are non-refundable once purchased.

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.

In order to receive refunds for exam fees and registrations, written notice must be received by ISACA within 30 days of the exam purchase date to receive a full refund. No refunds can be issued for exams that the user has already taken.

Please refer to the chart below on refund eligibility:

 

8. ACCESS TO SITE & SERVICES

While ISACA endeavors to ensure that this Site and its Services are available at all times, ISACA will not be liable if, for any reason, this Site is unavailable at any time or for any period.

Our Site may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to any compensation related to such Service Interruptions. We do not offer a service level or uptime guarantee with our Site and Services. 

You may also experience interruptions or issues in accessing our Services for various reasons, including a poor Wi-Fi connection or your mobile carrier’s data and usage plan. You acknowledge that the availability of our Services is dependent on your Internet Service Provider (“ISP”), your mobile carrier, and your mobile device. You are responsible for ensuring you comply with your ISP’s and mobile carrier’s applicable terms and agreements, including any data and usage terms.

9. THIRD PARTY LINKS

The Site and Services may contain links to third party websites that are not owned or controlled by ISACA. A description or link to such third-party services does not imply our endorsement of the third-party service. 

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, ISACA will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve ISACA from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

10. DISCLAIMER

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, THE ISACA CONTENT, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, ISACA DOES NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY OF THE CONTENT, MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE THE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES 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 SERVICE AND YOUR USE THEREOF.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ISACA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE WEBSITE, THE SERVICES, THE SITE CONTENT, OR ANY OTHER MATERIALS OR ITEMS ON THE WEBSITE OR LINKED TO BY THE SITE. ISACA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE SITE CONTENT, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE WEBSITE), (II) PERSONAL INJURY, PROPERTY DAMAGE OR INVESTMENT LOSSES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR WEBSITE OR SERVICES, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 WEBSITE OR ANY OF THE SITE CONTENT, MATERIALS OR ITEMS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

11. LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, AND ISACA CONTENT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISACA, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS OF ISACA EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE SITE, SERVICES OR ISACA CONTENT, ANY OTHER MATTER RELATED TO THIS SITE, THE SERVICES, OR ISACA CONTENT AND ANY SITES OR SERVICES LINKED TO THE SITE, SERVICES, OR ISACA CONTENT, OR THE MATERIAL ON SUCH SITES OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE, SERVICES, OR ISACA CONTENT, OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE, SERVICES OR ISACA CONTENT, OR ANY SITE LINKED TO THE SITE, SERVICES OR ISACA CONTENT.

YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE, THE SERVICES OR ISACA CONTENT, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND THAT YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE, SERVICE , OR ISACA CONTENT. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL ISACA, ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS SITE, THE SERVICES OR ISACA CONTENT BE LIABLE FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION EXCEEDING THE AMOUNT, IF ANY, PAID BY YOU FOR USE OF THE SITE, SERVICES, OR ISACA CONTENT OR $100, WHICHEVER IS LESS.

12. INDEMNIFICATION

To the extent permitted under applicable law, you will indemnify and hold ISACA, our affiliates, and each of our respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Site or our Services, any content or information available through the Site, or any violation of these Terms and/or the terms and conditions that are applicable to your use of third-party sites.

13. DISPUTE RESOLUTION, ARBITRATION, GOVERNING LAW AND JURISDICTION

13.1   Dispute Resolution Generally.  

By using, making a purchase through, or otherwise interacting with this Site and/or our Services, you agree to that the extent permissible by applicable law: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Site or Services, or any goods or services purchased through the Site, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. 

13.2   Agreement to Arbitrate & Class Action Waiver

For users of the Services that reside in North America, if we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to this Section 13, then either party may initiate binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures.

The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law.

In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ISACA will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor ISACA shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.

13.3 Class Action and Class Arbitration Waiver.

 THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. 

13.4 Waiver of Jury Trial. 

BY USING, MAKING A PURCHASE THROUGH OR OTHERWISE INTERACTING WITH THE SITE OR SERVICES, YOU AND WE  WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.  YOU FURTHER AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR SERVICES WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

13.5 Mass Arbitration Before NAM.

Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at http://namadr.com/resources/rules-fees-forms/ or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at http://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of these Terms.

13.6 Exception – Small Claims Court Claims.

  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

13.7 Exception – California Privacy Attorney Generals Act (PAGA) Action. 

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

13.8   Thirty Day Right to Opt-Out. 

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section of these Terms by sending written notice of your decision to opt-out by emailing us at legal@bagmakerblog.com. The notice must be sent within thirty (30) days of accepting these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by the arbitration provisions.

13.9 Governing Law & Jurisdiction. 

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, 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.

Moreover, to the extent that the arbitration provisions set forth in this Section 13 of the Terms do not apply, or if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 13, you agree that any litigation shall be filed exclusively in state or federal courts located in Illinois (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the State of Illinois for any litigation other than small claims court actions. In the event of relating to these Terms or the Site, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

14. 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. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Services. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below).

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, 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 notices should be sent by email to: legal@bagmakerblog.com. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.

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.

15. EVENTS

15.1 Applicability of Terms to Events. 

These Terms apply to all ISACA events, including, but not limited to, conferences, in-person training, online training, webinars, and other virtual or in-person events (together, “Events”). To register, you must acknowledge and accept the Terms contained herein.  Should you not wish to accept the Terms, you will not be able to register for the Event. 

15.2 Use of Personal Data. 

The ISACA Privacy Notice  explains how we process your personal data in relation to Event registrations. A valid email address is required for all registrations.  ISACA uses the personal data you provide during registration for administering your participation in the Event. By submitting your email address during the Event registration process, you agree that ISACA and its event partners may send you event-related information, to the extent permitted under the applicable law.  This may include information about the Event’s content, event logistics, payment, updates, and additional information related to the Event.

ISACA may also disclose your personal data to third party service providers engaged by ISACA to assist in providing the Event. Information you provide when registering for or participating in an Event managed or co-sponsored by parties other than or in addition to ISACA may be shared with those parties and the treatment of such information is further subject to the privacy policies of those parties. 

15.3 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.

15.4 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.

15.5 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.

15.6 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.

15.7 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.

15.8 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.  You Event registration does not guarantee access to any sessions. 

15.9. 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.

16. EXAMS

16.1 Applicability of Terms to Exams.  

These Terms apply to all ISACA certification and certificate program (each a “Certification”) examinations (“Exams”) and to anyone registering to take an Exam (a “Candidate”). By proceeding to register for an Exam you are accepting the Terms, and hereby agree that the Terms shall govern your participation in the Exam taken at a testing center or via online remote proctoring. If you do not or cannot agree to the Terms, then do not accept these Terms and do not continue with the Exam registration.

16.2 Payment for Exam.  

Any chargeback processed on a registration payment will place a management hold on a Candidate’s ISACA account until appropriate payment is procured. Management holds prevent Exam scores from being distributed and/or certification applications from being processed.

16.3 Prohibited Conduct. 

Candidates are strictly prohibited from engaging in the following conduct when registering for or taking an Exam (“Prohibited Conduct”) and engaging in 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.

16.4 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.

16.5 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.

16.6 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 certifications currently held.

16.7 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.

17. CERTIFICATION

17.1 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. 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

17.2 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”).

17.3. 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.

17.4 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 a 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.

18.  MEMBERSHIPS & ACCOUNTS

18.1 Accounts. 

To access certain Services, you are required to create an account. When you create an account with us, you guarantee that you are above the age of 18, 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. You are responsible for maintaining the confidentiality of your account 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 and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

18.2 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. 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 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, otherwise Membership is terminated in accordance with these Terms. More information about the renewal process can be found here.

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.

You agree to receive notice of meetings of the members 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.

19. 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:

19.1 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.

19.2 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.

20. MISCELLANEOUS

20.1 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.

20.2 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 this Site and supersedes and replaces any prior agreement and communication between the parties relating thereto.

20.3 Notice to New Jersey Users. 

Notwithstanding any terms set forth in this Agreement, if any of the provisions set forth in Sections 10, 11, 12, or 13 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 is 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 you under the Truth-in-Consumer Contract, Warranty and Notice Act.

20.4 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@bagmakerblog.com. 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.

20.5 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.

20.6 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.

20.7 Assignment. 

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

20.8 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. 

21. CONTACT US

Please contact us at any time if you have any questions about these terms by writing to The Information Systems Audit and Control Association, Inc., 1700 East Golf Road, Suite #400, Schaumburg, Illinois 60173 or email us at legal@bagmakerblog.com.