SUMMARY OF IMPORTANT LEGAL INFORMATION
The isacaboise.org web site (the “Site”) is produced by the Information Systems Audit and Control Association®, Boise Chapter (ISACA® Boise) and its affiliates (“Site Owner”). All use of the Site is subject to the Terms and Conditions set forth below. By entering and using the Site, you acknowledge that you have read and understood such Terms and Conditions and that you agree to abide by them. Also, you agree that Site Owner may use information that you supply to it in any manner consistent with the published Privacy Policy.
Site Owner does not endorse, guarantee, warrant, or recommend any products or services advertised on the Site, via site portals, linked from the Site, or provided by our Sponsors.
Site Owner, its affiliates and their respective licensors retain all copyrights and other proprietary rights in or relating to any content, including any software, provided on the Site. Except for downloading and printing a small number of copies of the content for your personal use only, you may not sell, transfer, reproduce, transmit, distribute, perform or display such content without the express consent of Site Owner.
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “CONDITIONS”) CAREFULLY BEFORE USING THIS SITE. By using the Site, you signify your understanding of and agreement to these Terms and Conditions and Site Owner’s Privacy Policy. Site Owner may revise and update the Terms and Conditions or Privacy Policy at any time. Please periodically review the Terms and Conditions and the Privacy Policy posted at the Site because your continued usage of the Site will mean that you accept those changes.
Section 1. Registration.
You may provide personal information to Site Owner through the Site regarding your membership in Site Owner or your completion of CPE credits. By using the Site you agree that all information provided by you to Site Owner, including without limitation your CPE hours, is current, complete and accurate, and that you will maintain and promptly update the information in the event of any changes in such information.
You are entirely responsible for any and all activities which occur under your login or username. You agree to notify Site Owner immediately in the event you learn that unauthorized access to the Site has taken place under your login or username. You are responsible for maintaining the security of your User ID and password and, by entering the Site, expressly acknowledge that passwords e-mailed to you by Site Owner at your request may not be secure and that others who have access to your account may be able to view such a password.
Section 2. Restrictions on the Use of the Site Owner Site.
a. Copyright and Trademarks. The names “Information Systems Audit and Control Association”, “ISACA”, “IT Governance Institute”, “ITGI”, “Information Systems Audit and Control Foundation”, “ISACF”, “CISA”, “CISM”, “COBIT”, “isaca.org”, “itgi.org” and any other marks or associated logos proprietary to ISACA® are the sole property of ISACA®.
The contents of the Site, including but not limited to text, graphics, images and software (“Content”), are protected by copyright under both United States and other national laws, and Site Owner retains all right, title and interest in and to the Content, all copies thereof, and all copyrights and other proprietary rights therein.
Upon acceptance of these Terms and Conditions, Site Owner authorizes you to view, download and print a small number of copies of the material on the Site solely for your personal, noncommercial use. You may not modify, sell, assign, or transfer the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose or otherwise except as expressly permitted herein. You may not reverse-engineer, disassemble or decompile, any software included in the Content. Content is subject to change without notice at the editorial discretion of Site Owner.
b. Use of Interactive Areas. Site Owner may provide interactive forums, list serves, news groups, bulletin boards and other interactive areas (“Interactive Areas”) on the Site. If you use any of the Interactive Areas, you are solely responsible for your own communications and the consequences of posting those communications. Site Owner does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Area, or for consequences of any Interactive Area communications on or arising from use of the Site. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.
In consideration of being allowed to use the Interactive Areas, you agree not to engage in the following activities:
1. Using an Interactive Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by Site Owner at its sole discretion;
4. Posting material that contains any virus, worm, Trojan horse or other code which may contaminate or destroy the files or programs of Site Owner or its users;
5. Posting advertisements or solicitations of business;
6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
7. Posting chain letters or pyramid schemes;
8. Impersonating another person;
9. Allowing any other person or entity to use your identification to post or view comments;
10. Posting the same note more than once (i.e., “spamming”); or
11. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of Site Owner, exposes Site Owner or any of its users or Sponsors to any liability or detriment of any type.
Site Owner reserves the right to monitor the dialogue on public list serves and registered user message forums. Site Owner does not screen communications in advance and is not responsible for screening or monitoring material posted by users, or any other person or entity. If notified by you of communication(s) which are alleged not to conform to the terms of this Section, Site Owner may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Site Owner reserves the right (but has no obligation) to remove or edit communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Conditions. In addition to the removal rights described above, Site Owner reserves the right to terminate your access to any or all Interactive Areas at any time, with or without notice, in the exercise of its sole discretion.
Site Owner reserves the right (but is not obligated) to monitor, edit, or disclose any posting on the Interactive Areas for lack of adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Site Owner or others; or (iii) protect the personal safety of our users, Sponsors, or the public. Site Owner HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
c. Links and Portals to Other Sites; Advertisements. The Site contains links and portals to third-party web sites. These links and portals are provided solely as a convenience to you and not as an endorsement or recommendation by Site Owner of the content on such third-party web sites or as an indication of any affiliation, sponsorship or endorsement of or by such third party web sites. Site Owner is not responsible for the content of third-party sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party web sites. If you decide to access third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the terms of use for such sites.
THE SITE ALSO CONTAINS ADVERTISEMENTS BY THIRD PARTIES. SITE Owner MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. SITE Owner DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY PRODUCTS OR SERVICES CONTAINED IN ADVERTISEMENTS.
d. Your Submissions. Except as described herein, any communication which you post on the Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe or violate any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that are defamatory, or that violate any party’s privacy or publicity rights. By submitting communications to any part of this Site, you automatically grant, or warrant that the owner of such content has expressly granted, to Site Owner a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication (or any derivative work based thereof) alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
e. Parental Permission. Site Owner does not intend that children will use the Site. USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE SITE. Adults should not assist unauthorized children to access the Site.
f. Indemnification. You agree to defend, indemnify and hold Site Owner, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Conditions.
Section 3. Disclaimers And Other Information a. INFORMATION SUPPLIED BY SITE Owner IS PROVIDED “AS IS” AND NEITHER SITE Owner NOR ANY OF ITS AGENTS, EMPLOYEES OR REPRESENTATIVES MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THE SITE OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE.
b. BY ENTERING THE SITE YOU HEREBY EXPRESSLY AGREE THAT Site Owner, AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH SITE Owner. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF SITE Owner.
c. Site Owner does not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to users, or that its files are free of viruses, worms, Trojan horses or other codes that include or manifest contaminating or destructive characteristics.
d. With respect to communications to Site Owner, Site Owner does not guarantee that it will respond to all inquiries.
e. Site Owner is not responsible for your classification of contributions, dues or gifts for tax purposes.
f. If any clause or provision set forth above is determined to be illegal, invalid or unenforceable under present or future law, then, in that event the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
g. Any notice to Site Owner shall be given in writing and sent by certified and registered mail to ISACA Boise, Attn: Chapter President, Care of: Idaho Power Company—InfoSec, 1221 W Idaho Street, Boise, ID., 83706, USA.
h. The application of these provisions, disclosures and disclaimers and all other matters arising from your use of this Site or of any information you obtain from Site Owner shall be governed by the laws of the United States of America and the State of Idaho. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Site or any information you receive from Site Owner shall be brought exclusively in the State of Idaho and within the County of Ada, and you hereby expressly consent to the exercise of jurisdiction over you by such courts.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
SITE Owner MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.