Terms of Use



Candidate ID Agreement
Acceptance of Terms

By accessing or using any of the functionality (the "Services") available on the Web site owned or operated by The Institute of Internal Auditors, Inc. (IIA), you agree to accept and comply with the terms, conditions, and notices stated herein or as may be modified by The IIA from time-to-time with or without specific notice to you (the "Terms of Use"). These Terms of Use constitute a binding contract between The IIA and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time by visiting The IIA Web site at www.theiia.org. If you do not wish to be bound by these Terms of Use, please do not access or use any content or functionality accessible on The IIA Web site, or immediately discontinue such use.

Use of Personal Data

To complete the application for IIA Certification and/or membership, you will be required to provide IIA with some personal information including contact information and information about your qualifications for certification and/or membership. Please see The IIA privacy policy for details regarding the protection and use of this data.

As part of the application and examination process, The IIA may allow access to database information by third parties that provide technical services, but only to the extent necessary to provide you with those services.

Content of The IIA Web Site/License Grant

The IIA Web site and all of its contents including, but not limited to, all information, text, and images located on The IIA Web site (collectively, "Content") is owned by The IIA and all rights are reserved to The IIA unless otherwise noted. The IIA grants you a limited license to access and use the Services and Content accessible at The IIA Web site solely for informational, personal and non-commercial purposes. All Content provided through The IIA Web site is provided to you AS IS, and you agree that your use of and reliance on any Services or Content is at your own risk, and that under no circumstances shall The IIA be liable for any losses of any kind suffered by you that may be proximately caused by your use of the Services or Content accessible at The IIA Web site.

Use of the IIA Web Site

Unless specified otherwise, The IIA offers you access to The IIA Web site solely for your personal and non-commercial uses. You agree to only access or use The IIA Web site for legal purposes that are permitted by this Terms of Use.

Registration and Security

When you register, you must select a password and a user name. You are responsible for maintaining the confidentiality of your password and user name. You should notify The IIA as soon as possible by e-mail (info@theIIA.org) about any known or suspected use of your account or of any known or suspected breach of security. The IIA is not liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.

You agree that The IIA may in its sole discretion and at any time terminate your access to and use of The IIA Web site, or any part thereof, with or without notice to you. You further agree that use of The IIA Web site and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, The IIA reserves the right, in its sole discretion, to modify or discontinue the Services or access to Content, or any portion thereof, with or without notice, and without liability to you.

General Terms

Applicable Law

This Terms of Use is governed by the laws of the State of Florida, U.S.A. without regard to conflicts of law principles.

You agree that no joint venture, partnership, employment or agency relationship exists between you and The IIA as a result of the Terms of Use or as a result of your accessing or using The IIA Web site, Services or Content. The IIA's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of The IIA's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of The IIA Web site or information provided to or gathered by The IIA with respect to such use.

Severability/Entire Agreement

If any part of the Terms of Use, including, but not limited to, the warranty disclaimers and liability limitations contained herein, is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and The IIA), the Terms of Use constitutes the entire agreement between you and The IIA with respect to your access to and use of the Services and Content available on The IIA Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The IIA with respect to the IIA Web site.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE IIA WEB SITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE IIA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE IIA WEB SITE, SERVICES AND/OR CONTENT. THE IIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification of IIA by User

YOU AGREE TO INDEMNIFY AND HOLD THE IIA, IIA AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE IIA WEB SITE AND/OR IIA, OR ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

IIA Limitation of Liability

IN NO EVENT SHALL THE IIA, IIA AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IIA WEB SITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE IIA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE IIA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE IIA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE IIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE IIA WEB SITE, AND ALL OTHER USE OF THE IIA WEB SITE, ARE ALL MADE AVAILABLE OR ARE ALL OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IIA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IIA WEB SITE.

Copyright

All materials on The IIA Web site (as well as the organization and layout of The IIA Web site) are owned and copyrighted or licensed by The IIA, its corporate affiliates or its third-party vendors, Copyright © 2007 The Institute of Internal Auditors™ all rights reserved. No reproduction, distribution or transmission of the copyrighted materials on The IIA Web site is permitted without the written permission of The IIA. Any rights not expressly granted herein are reserved.


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