Terms of Use

Terms and Conditions Governing Access and Use of the ACT Internet Site

The ACT website (the “Site”) is maintained by ACT Education Corp. (“ACT”), as a service to individuals and the educational and business communities who use the Internet. Access to and use of the Site is subject to the terms and conditions set forth herein and all applicable laws. Any and all disputes, claims, or controversies (“Disputes”) between you and ACT will be resolved through binding arbitration except as expressly provided in Section 10 below, and you understand that by agreeing to arbitration you and ACT are waiving the right to have any such Disputes heard and decided by a judge or jury. These terms and conditions (the “Terms”) may be revised or updated by ACT.

  1. Copyright: All content in the Site is copyrighted. No material may be distributed, downloaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast, circulated, or otherwise used except as expressly stated either in such materials or in this notice without the express written permission of ACT. For permission to reproduce copyrighted materials, contact the ACT Publications Department at Publications@act.org.

    Making or distributing unauthorized copies of a copyrighted work may infringe on the copyright holder’s rights. If a copyright holder contacts us and notifies us about unauthorized reproduction and/or distribution of copyrighted works, we reserve the right to disable access to the identified works promptly. We also reserve the right to disable the accounts of repeat infringers in appropriate circumstances.

    ACT respects the rights of copyright holders and complies with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. We also expect users’ services to respect the rights of copyright holders when using our products and services. Use of ACT-owned products or services in a manner that infringes the intellectual property rights of others is a violation of the Terms.

    For more information, or if you are a copyright owner and you believe that your rights have been violated in any way, please visit the ACT DMCA Page and notify ACT’s designated agent.

  2. Use: The purpose of the Site is to provide information and services related to ACT’s programs and services. All materials are provided solely for personal, institutional, or demonstration non-commercial use. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  3. Disclaimer; Limitation of Liability: ACT attempts to keep the contents of the Site accurate and current, but makes no warranties or representations in this regard. Visitors and users therefore agree that all access to and use of the Site is at the user’s sole risk and on an “as-is” and “as available” basis.

    NEITHER ACT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, NOR ANY OTHER PARTY ASSOCIATED WITH ACT SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY WHATSOEVER TO THE ACCESS, USE OR INABILITY TO USE THE SITE OR ANY SERVICES PROVIDED BY WAY OF THE SITE, OR TO ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF.

    To the fullest extent permitted by law users and visitors specifically waive any and all claims they may have against all of the foregoing entities and individuals arising out of or relating to access to or use of the Site.

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ACT AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN CONNECTION WITH USE OF THE SITE EXCEED $100. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  4. Security disclaimer: ACT provides various online registrations, applications, and request forms as a convenience to its users. All users of these services do so at their sole risk and without any representations, warranties, or assurances by ACT regarding the security of the information that they provide online (including credit card information). ACT further makes no representations, warranties, or assurances that the information users supply online will be transmitted immediately or correctly to ACT or will be processed in the amount of time users require to meet their needs. By using these online services, all users expressly acknowledge and agree that they will not have or assert any claims of any kind or character against ACT or its employees or agents relating in any way to their use of the service(s).

  5. Product disclaimer: ACT provides electronic commerce and its products as an optional service and convenience to our customers. All users of this service do so at their sole risk and without any representations, warranties, or assurances by ACT regarding the security of the information that is provided as part of the electronic commerce (including credit card information) or the timeliness or effectiveness of the delivery of purchased products. By using the electronic commerce service, customers expressly acknowledge and agree that they will not have or assert any claims of any kind or character against ACT or its employees or agents relating in any way to the customer’s use of the service.

  6. AI Notice and disclaimer: The Site utilizes an AI (Artificial Intelligence) chatbot which is programmed to provide helpful information and assistance based on available data and predefined algorithms. While the chatbot aims to offer accurate and helpful responses, ACT makes no representations, warranties, or assurances that its information is exhaustive, up-to-date, or tailored to individual circumstances. Users are encouraged to verify critical information and consult with ACT Customer Care for specific concerns or decisions. ACT does not assume liability for actions taken based on the chatbot’s responses. By using the chatbot, all users expressly acknowledge and agree that they will not have or assert any claims of any kind or character against ACT or its employees or agents relating in any way to their use of the chatbot.

  7. Trademarks: The following are registered trademarks or trademarks of ACT:

    • ACT®
    • ACT® National Curriculum Survey®
    • Aspire®
    • Aspire Assessment System®
    • Asset®
    • Career Ready 101®
    • Engage®
    • JobPro®
    • KeyTrain®
    • National Career Readiness Certificate & Design®
    • WorkKeys®
    • National Career Readiness Certificate®
    • NCRC®
    • BRONZE™
    • SILVER™
    • GOLD™
    • PLATINUM™
    • PreACT®
    • National. Learning. Economy.®
    • ACT Assessment®
    • PLAN®
    • QualityCore®
    • SkillPro®
    • EPAS®
    • Explore®
    • Express Score®
    • Global Assessment Certificate & Design®
    • Compass®
    • Discover®
    • AIM ACT® Information Manager®
    • Holistic Framework™
    • Pacific Metrics™
    • Tessera™
    • ACT Holistic Framework®

     

    No use of any ACT trademark is permitted without express written consent from ACT. For more information, contact the ACT Publications Department at Publications@act.org.

    Microsoft, Windows, and Windows NT are registered trademarks of Microsoft Corporation in the United States and other countries.

    Macintosh is a trademark of Apple Computer, Inc., registered in the U.S. and other countries.

  8. Linking to the Site: We are pleased you want to create a link to the Site. We ask that you observe the following conditions:

    • Links pertaining to ACT programs and services should point only to the URL http://www.act.org. These addresses will not change.
    • Upon establishing a link to the ACT website, please send an email including the URL of the link’s page, a contact person’s name, and email address to webmaster@act.org.
    • You may use the words “ACT,” for a text link. We are no longer known as American College Testing.
    • Permission is not granted to include material from the Site on other websites. You may only include a link directing a browser to material on the Site.
    • No permission is given to use the official ACT logo or any other graphics or images from the Site.

  9. Links from the ACT Internet site: ACT provides links to other websites for informational purposes only. ACT is not responsible for the content in other sites, and links from the Site to other sites are not intended to imply endorsement of them by ACT.

  10. Arbitration. Arbitration is an alternative dispute resolution procedure intended to allow you and ACT to resolve issues without going to court. As described in this Section 15, certain Disputes between you and ACT will be submitted to an arbitrator, not a judge or jury, for resolution.

    • Arbitration of Disputes: You and ACT agree that any and all Disputes (other than Disputes that solely involve infringement of intellectual property rights) that may arise between you and ACT—including, but not limited to, Disputes that relate in any way to these Terms, registering for the test, taking the test, requesting or receiving accommodations or supports on the test, the reporting of ACT test scores, the use or disclosure of personal information by ACT, Individual Score Reviews, or the cancellation of test scores—shall be resolved by a single arbitrator through final and binding arbitration. You and ACT agree that a final arbitration award may be entered in a court which has jurisdiction.

    • By agreeing to arbitration, you and ACT are waiving the right to have Disputes subject to this arbitration agreement (including Disputes regarding statutory rights) brought before or decided by a judge or jury in state or federal court and are agreeing that any such Disputes will instead be resolved through final and binding arbitration.

    • Arbitration Process: The arbitration will be administered by the American Arbitration Association (“AAA”), under the AAA Consumer Arbitration Rules (“AAA Consumer Rules”) in effect at the time a request for arbitration is filed with the AAA, unless you and ACT agree in writing to an alternate arbitration forum and/or different arbitration rules, or a substitute arbitration forum is agreed to or ordered pursuant to this Section 10. Copies of the AAA Consumer Rules can be located on AAA’s website at: www.adr.org. When an arbitration demand is properly and permissibly filed pursuant to this Section 10, you and ACT must promptly comply with the filing requirements, which for AAA arbitrations includes your obligation to pay AAA a non-refundable individual filing fee (unless AAA agrees to waive the fee for you or ACT is the claimant) and ACT’s obligation to pay the remainder of the filing fee. The filing party must provide prompt notice of the filing of the arbitration demand to the other party. Each party will be responsible for its own attorney’s fees and expenses incurred in connection with the arbitration, regardless of the outcome of the arbitration, except as otherwise required by applicable law.

    • Arbitrator Jurisdiction: Any issues regarding the enforceability of this arbitration agreement or whether a Dispute is subject to this arbitration agreement will be decided solely by the arbitrator, except in the case of Disputes that solely involve infringement of intellectual property rights or as otherwise set forth in this Section 10.

    • Individual Arbitration; Class Action Waiver: No arbitration may be brought or maintained as a class action or a collective action. All arbitration demands must be filed on an individual examinee basis. The arbitrator shall not have the authority to combine, consolidate, or aggregate the Disputes of more than one individual, conduct any class proceeding, make any class award, or make an award to any person or entity not a party to the arbitration.

    • Multiple Demands: Notwithstanding the arbitration agreement set forth in this Section 10, neither you nor ACT may file an arbitration demand or arbitrate a Dispute if your arbitration demand or ACT’s arbitration demand would be one of more than 50 substantially similar arbitration demands filed within a consecutive 12-month period by or with the assistance or coordination of the same law firm(s) or organization(s). You and ACT agree that AAA (or any substitute arbitration forum) may not accept any such arbitration demand for filing or invoice or collect any filing or other fees for any such arbitration demand. You and ACT agree that arbitration demands that challenge score cancellation decisions made in different Individual Score Reviews do not constitute “substantially similar arbitration demands.”

      In the event you or ACT are unable to seek resolution of a Dispute in arbitration due to this subsection, you or ACT may seek resolution of the Dispute in court. You and ACT agree that any permissible court action (except for any permissible small claims court action), shall be brought exclusively in the U.S. District Court for the Southern District of Iowa or a state court located in Johnson County, Iowa. You and ACT agree to submit to the personal jurisdiction of either of these courts, and you and ACT waive any objection they may have to the location of such courts (including, but not limited to, any objection based on personal jurisdiction or venue in such courts). Neither you nor ACT may file a court action pursuant to this provision, however, unless the other party is provided prior written notice identifying all the substantially similar arbitration demands that have been or will be filed to trigger coverage under this provision, with such notice to be provided at least 30 days prior to the filing of any such court action. Notwithstanding the “Arbitrator Jurisdiction” subsection, any issues regarding whether the filing of an arbitration demand does or would violate this subsection and/or whether a court action may be filed pursuant to this subsection must be resolved in court in accordance with this Section 10, and no proceedings may be conducted before, and no fees may be invoiced or collected by AAA (or any substitute arbitration forum) pending resolution of any such issues in court.

    • Substitute Arbitration Forum: If, for any reason, AAA is not available as an arbitration forum, you and ACT agree to reasonably confer regarding a substitute arbitration forum or arbitrator. In the event you and ACT are not able to reach agreement on a substitute arbitration forum or arbitrator within 14 days of the first communication on the topic between the parties, you and/or ACT may submit the issue to the U.S. District Court for the Southern District of Iowa or a state court located in Johnson County, Iowa, for the sole purpose of seeking a declaratory judgment naming a substitute arbitration forum or arbitrator.

    • Small Claims Court: Notwithstanding the arbitration agreement set forth in this Section 10, you or ACT may take a claim to small claims court instead of arbitration if the claim is within the jurisdiction of the small claims court, but only if and as permitted in the AAA Consumer Rules. If an action in small claims court is instituted by you or ACT pursuant to the AAA Consumer Rules, and such action is within the jurisdiction of the small claims court, you and ACT agree to accept the judgment of the small claims court as a final resolution of the Dispute and not to appeal the small claims court’s decision or pursue any other claim relating to that Dispute in court or arbitration. Each party will be responsible for its own attorney’s fees and expenses incurred in connection with the small claims proceeding, regardless of the outcome, except as required by applicable law.

    • Individual Score Review Arbitration: Arbitrations arising from an Individual Score Review will be conducted pursuant to the AAA’s Documents-Only Procedure unless otherwise ordered by the arbitrator. The issue for arbitration to conclude the Individual Score Review is whether ACT has good faith reason to believe your scores are invalid, based on substantial evidence. This issue will be decided through a declaratory judgment action by a single arbitrator.

    • Applicable Law: The Federal Arbitration Act (“FAA”) applies to and governs this arbitration agreement, including interpretation and enforcement of the agreement, and preempts all state laws to the fullest extent permitted by law. Rulings in other arbitrations involving ACT to which you are not a party may not be relied upon as binding precedent or be given preclusive effect in any arbitration or court proceeding involving you.

    • Severability: If any provision in this Section 10 is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way; and, to the fullest extent possible, the invalid, illegal, or unenforceable provision shall be modified so that it is valid, legal, and enforceable and, to the fullest extent possible, reflects the intention of you and ACT as originally set forth in this agreement. If, however, a finding of invalidity, illegality, or unenforceability applies to (i) the “Individual Arbitration; Class Action Waiver” subsection so as to allow for class, collective, combined, consolidated, or aggregated arbitration, or to allow for an award to any person or entity not a party to the arbitration, or (ii) the “Multiple Demands” subsection so as to allow for more than 50 substantially similar arbitration demands to be filed within a consecutive twelve-month period by or with the assistance or coordination of the same law firm(s) or organization(s), the arbitration agreement between you and ACT will be unenforceable in its entirety except with respect to any claim(s) and/or remedies sought on an individual basis. The remainder of the Dispute will be resolved in court in accordance with the “Arbitration Jurisdiction” subsection, and you and ACT agree that any court proceedings will be stayed pending conclusion of any arbitration proceedings.

  11. Privacy: ACT recognizes the importance of protecting the privacy of personal information provided by website users. For details regarding how ACT treats this information, please see our Privacy Policy.