Terms and Conditions

ACT ACCOUNT TERMS AND CONDITIONS
FOR THE ACT ENGAGE® ONLINE SYSTEM

IMPORTANT -
READ CAREFULLY BEFORE ACCESSING THE ACT ENGAGE ONLINE SYSTEM.

You are receiving access to the web-based application known as the ACT Engage Online System (the "System") because you are an employee or a representative of an educational institution or other organization that uses the System. The System will allow you to conduct online administration of the ACT Engage program, view and/or input aggregate and student-level testing data, manage your personal contact and demographic information, and configure the System to support the way you use it. Your use of the System is governed by these ACT Account Terms and Conditions.

IF YOU DO NOT AGREE TO THESE ACT ACCOUNT TERMS AND CONDITIONS, DO NOT PROCEED TO ACCESS THE SYSTEM. BY ACCESSING THE SYSTEM, YOU INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE ACT ACCOUNT TERMS AND CONDITIONS.

1. Your right to use the System is personal to you. You agree to be solely responsible for your actions and the use of the System. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You may not share or otherwise divulge a password assigned to you with any other person. You may use the System only for the time period which has been authorized by ACT. You agree to read and abide by the following Individual Roles and Responsibilities:

a. Reporting. This role must be approved by an Administrator for an organization. Users with this role will be able to view and download student-level and aggregate data for their entire organization or a subset of the organization in a variety of interactive formats, some pre-defined by ACT and others according to the user’s manipulation of the data. Users will be able to see current and historical data for the ACT Engage program, including aggregate trends, student-level details, and student growth over multiple assessments. A single organization can have any number of users with access to Reporting information.

b. Supplying. This role must be approved by an Administrator for an organization. Users in this role will be able to input student-level detail for the ACT Engage program. Users in this role may only view the input that they have provided, and will not have access to any other comments or data that may relate to students.

c. Administrator. Users receive this role by ordering ACT Engage and then logging into the System with information provided to them during the ordering process or be given rights by a system Super User (ACT personnel). Administrators can manage the delivery of online assessments and control the number of online assessments completed. Administrators also determine which roles users can have on behalf of their organization, and thus can determine who has access to student-level data and other personal information through the System. IT IS THE SOLE RESPONSIBILITY OF THE ADMINISTRATOR TO GRANT, REVOKE, AND MANAGE ACCESS TO THEIR ORGANIZATION’S INFORMATION, WHICH MAY INCLUDE PERSONAL INFORMATION ABOUT STUDENTS, EMPLOYEES, AND OTHER INDIVIDUALS. Administrators can grant or revoke roles at their organization unilaterally, but they cannot cancel or alter the user's account with ACT. Administrators also choose to approve or deny requests for roles at their organization from system users.

d. Site Administrator. This role is responsible for creating Group Codes for their organization and assigning billing account information for that Group code. This role should be limited in numbers within the organization in order to provide accurate billing information. Personnel assigned to this role should be authorized within the organization to commit to purchases of ACT Engage.

2. You agree and acknowledge that the System constitutes confidential copyrighted material of ACT and/or a third party. You agree that you will not directly or indirectly publish, display, or otherwise disclose the System (or any portion thereof) to any person, organization, or entity in any manner whatsoever.

3. ACT collects personally identifying information through the System and ACT’s processing of such information, including collection, use, transfer and disclosure, is described in the ACT Privacy Policy (www.act.org/privacy.html). You understand that by accessing the System, you are consenting to the collection of personally identifying information and its subsequent use and disclosure, as described in the ACT Privacy Policy. By accessing the System, you agree to the ACT Privacy Policy and consent to the processing of your personally identifying information, including the collection, use, transfer, and disclosure of information.

4. You acknowledge and agree that certain data and reports accessible via the System contain certain personal information requiring special security measures. You represent and warrant that you are authorized to receive such information. If you access information that you are not authorized under applicable local, state or federal laws to receive, you agree to immediately notify ACT.

5. ACT reserves the right to modify or discontinue, temporarily or permanently, the System for any reason, at its sole discretion, with or without notice.

6. You agree that ACT may terminate your password, account, or use of the System in ACT’s sole discretion for any reason. In such event, you shall immediately cease and desist from further use of any materials or documentation connected with the System and destroy all copies of the same.

7. The contents of the System belong to ACT or to others as indicated, including all materials and data accessed through the System and all intellectual property rights therein. You do not acquire any right, title, or interest in the System. THE CONTENTS OF THE SYSTEM, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS.

8. The information and materials contained in the System may not be licensed, sold, supplemented, used to create a derivative work or otherwise used for commercial purposes without the express written permission of ACT. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the System, use of or access to the System, or any information or technology obtained from the System.

9. ACT makes no representations or warranties that your use of the System complies with any local, state or federal laws or regulations regarding access to individual students’ data. Individual access to any ACT Engage assessment or other data in the System is granted by your organization’s Administrator, who has all discretion and bears sole responsibility for allowing or denying access to such data. ACT does not make a determination regarding whether you may access individual student data, including but not limited to ACT Engage assessment scores, or whether you may supply information regarding students. It is solely the responsibility of the Administrator to delegate such rights in accordance with any local, state or federal laws or regulations.

10. You agree that you will not use any automatic device to monitor or copy Web pages or the content contained in the System without our prior expressed written permission. You agree that you will not use any device, software, routine, or any other automatic or manual process to interfere with or attempt to interfere with the proper working of the System, circumvent the navigational structure or presentation of the System, or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System or through any other illegitimate means. You shall not cause any part of the System in any way to be decompiled, disassembled or reverse engineered, reverse compiled or re-implemented nor shall you make any attempt to, or permit others to do so. You agree not to modify nor create a derivative of any part of the System, nor remove, edit, copy, or modify any product identification, copyright or other notices. Intentional attempts to trick, deceive, mislead, fool or otherwise circumvent the legitimate purposes for which the System is provided to you, including false or purposefully designed submissions calculated to test, reveal or expose underlying scoring technology or other product functionality ("false submission") is strictly prohibited. You may not probe, scan or test the vulnerability of the System or any network connected to the System, nor breach the security or authentication measures on the System or any network connected to the System.

11. THE SYSTEM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". ACT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED. ACT MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR USE OF THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ASSUME THE RISK OF ANY DAMAGE TO COMPUTERS OR LOSS OF DATA THAT MAY RELATE TO YOUR USE OF THE ACT MATERIAL, WEBSITE, OR SYSTEM.

12. IN NO EVENT SHALL ACT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. NOTHWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, YOUR SOLE AND EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF ACT AND ITS SUBCONTRACTORS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE FEES THAT YOU HAVE PAID ACT UNDER THE PORTION OF THE ORDER GIVING RISE TO SUCH DAMAGES. THIS REMEDY APPLIES NOTWITHSTANDING ANY ALLEGED FAILURE OF ESSENTIAL PURPOSE OF THE AGREEMENT.

13. These ACT Account Terms and Conditions shall be construed in accordance with the laws of the state of Iowa. You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Johnson County, Iowa for any dispute related to use of the System or these ACT Account Terms and Conditions.

14. If any term, condition or provision herein is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same will not affect the other terms, conditions and provisions hereof or the whole of this agreement, but such term, condition or provision will be deemed modified to the extent necessary in the court's opinion to render such term, condition or provision enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the parties' intent and agreements set forth herein.

15. ACT shall not be liable for any delay or failure to perform, which delay or failure is due to causes or circumstances beyond its control, including, without limitation, national emergencies, fire, flood, epidemics, or catastrophe, acts of God, governmental authorities, or parties not under the control of ACT, insurrection, war, riots, or failure of transportation, communication, or power supply.

16. There are no third party beneficiaries to this Agreement.

17. Notices to ACT shall be deemed to be adequate and sufficient if given in writing and delivered via (a) registered or certified mail, postage prepaid, in which case notice shall be deemed to have been received three business days following deposit to U.S. mail; or (b) a nationally recognized overnight air courier, next day delivery, prepaid, in which case such notice shall be deemed to have been received one business day following delivery to such nationally recognized overnight air courier. All notices shall be sent to ACT at the following address: ACT, Inc. 500 ACT Drive, P.O. Box 168, Iowa City, Iowa 52243-0168, Attention: CFO.