Terms and Conditions

TERMS OF SALE FOR ONLINE PURCHASE OF ISC2 PRODUCTS AND SERVICES

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
   
   THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL CONSUMER BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
   
   BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF A PERSON, ORGANIZATION, OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH PERSON, ORGANIZATION, OR COMPANY TO THESE TERMS AND CONDITIONS.
   
   YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE LEGAL AGE TO FORM A BINDING CONTRACT WITH ISC2 INC. OR DO NOT HAVE SOMEONE OF LEGAL AGE TO AGREE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
   
   These terms and conditions (these “Terms”) apply to the purchase and sale of ISC2 products and services through www.isc2.org (the “Site”). These Terms are subject to change by International Information System Security Certification Consortium, Inc. (referred to as “ISC2”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any products or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
   
   These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 10).
2. Order Acceptance and Cancellation.
   
   You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. Once your order is received, we will send you a confirmation e-mail with your order details. Acceptance of your order occurs only when you receive the confirmation e-mail. You may cancel your order at any time before receiving your order confirmation e-mail by contacting our Member Support Department.
3. Annual Maintenance Fees.
   
   By placing an order for an Annual Maintenance Fee, you confirm that: (1) the contact information in your member profile is true and accurate; (2) you have read and acknowledge the ISC2 Membership Policies and Procedures; (3) you remain eligible for membership at ISC2; and (4) you reaffirm your commitment to the ISC2 Code of Ethics.
4. Prices and Payment Terms.
   
   

   (a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors and reserve the right to cancel any orders arising from such errors.

   (b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are authorized to use such payment method for the purchase, (iii) you will honor all charges incurred, and (iv) you will pay charges incurred by you at the posted prices, including applicable taxes.

5. Returns and Refunds.
   
   ISC2 cannot accept returns or refunds once products or services have been delivered. Please review all available information before placing an order.
6. LIMITED WARRANTY.
   
   ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
   
   SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
   
   YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. LIMITATION OF LIABILITY AND HEALTH RISK ACKNOWLEDGEMENT.
   
   

   (a) OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
   
   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

   (b) You acknowledge and assume all risks with potential exposure to or infection from communicable diseases, including but not limited to global pandemics, while attending an ISC2 training class. You accept personal responsibility for any resulting illness, injury, disability, death, damage, loss, claim, liability, or expense of any kind. On your own behalf, you hereby release, covenant not to sue, and forever discharge ISC2 and its affiliates, directors, officers, employees, agents, contractors, volunteers, and representatives from all liabilities, claims, actions, damages, costs, or expenses (“Claims”) arising out of or in any way connected with exposure to or infection from a communicable disease. This release includes any Claims based on the negligence, action, or inaction of ISC2 and its representatives and covers bodily injury (including death) whether exposure or infection occurs before, during, or after participation in an ISC2 training class.

8. Goods Not for Resale or Export.
   
   You agree to comply with all applicable laws and regulations related to the purchase, use, and distribution of ISC2 products and services, including, but not limited to, international trade, sanctions, and export control laws. You represent and warrant that you are purchasing products or services from the Site for your own personal use only and not for resale, unauthorized distribution, or export in violation of any applicable regulations.
   
   ISC2 products and services may be subject to export control laws and restrictions imposed by various jurisdictions. By purchasing from this Site, you agree to comply with all applicable export, re-export, and sanctions regulations of the country in which you reside, as well as those of the United States and any other relevant authorities. You further acknowledge that certain products or services may not be available for purchase or use in certain jurisdictions due to legal or regulatory restrictions.
9. Intellectual Property Use and Ownership.
   
   You acknowledge and agree that:
   
   

   (a) All references on this Site to terms like “sell,” “sale,” “resell,” “resale,” “purchase,” “price” and similar terms refer to the purchase or sale of a license. The products and services offered on this Site are available for licensing, not for sale, to you and other customers under the terms and conditions outlined here.

   (b) ISC2 grants you a limited license to use the products and services for the duration outlined in the course descriptions and confirmation e-mail. This license is solely for the purpose of accessing the course or service and may not be used for any other purpose. If you have any questions about the duration of the course, please contact the certification and training consultant for your region. The contact information can be found on the Contact Us page. You agree to comply with all terms and conditions of the applicable license agreement for any product or service you obtain through this Site, including, but not limited to, confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.

   (c) You agree not to encourage, allow, or enable others to violate the terms and conditions of the product and service license agreements.

   (d) ISC2 and its licensors are the exclusive owners of all intellectual property rights related to the products and services available on this Site, including all associated copyrights, patents, trademarks, and other intellectual property rights. These rights are granted to you only under the limited license outlined in the specific product or service agreement. You do not and will not acquire any ownership of these intellectual property rights.

10. Privacy.
    
    We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
11. Force Majeure.
    
    We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, floods, fires, earthquakes, explosions, governmental actions, wars, invasions or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergencies, revolutions, insurrections, epidemics, pandemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
12. Governing Law and Jurisdiction.
    
    All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia.
13. Dispute Resolution and Binding Arbitration.
    
    Any dispute or claim relating in any way to your use of any products or services sold or distributed by ISC2 or through www.isc2.org will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
    
    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms and conditions as a court would.
    
    The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. Likewise, ISC2 will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Alexandria, VA.
    
    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
14. Assignment.
    
    You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers.
    
    The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ISC2.
16. No Third Party Beneficiaries.
    
    These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
17. Notices.
    
    

    (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

    (b) To Us. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier, or registered or certified mail to ISC2 Attn: Legal Department, 625 N. Washington Street, Suite 400, Alexandria, VA 22314. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.

18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.