ACT Online Prep™
The Service may, in ACT’s sole discretion, allow and provide for scoring of one or more of your responses to sample writing prompts. If that functionality is made available to you, you would receive at least one writing “unit” enabling the scoring of one of your writing responses. In its sole discretion, ACT may provide for and allow the purchase of additional writing units from ACT on terms, including fees, as are set by ACT.
4. Service Ownership. The contents of the Service belong to ACT or to its vendors. ACT or its vendors own all right, title, and interest in the ACT Online Prep materials and service offering comprising the Service. ACT also owns the trademarks ACT® and ACT Online Prep™. Through your use of the Service or otherwise, you do not and will not acquire any right, title, or interest in the Service or its contents, or ACT’s trademarks. THE CONTENTS OF THE SERVICE, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE ELEMENTS (INCLUDING HTML-BASED COMPUTER PROGRAMS, MOBILE APPLICATIONS, OR OTHERWISE), AND OTHER MATERIALS ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS.
5. Restrictions. You must not and may not sell, transfer, sublicense, disclose, or otherwise make the Service or any component thereof available to any third party. You must not and may not reverse engineer, decompile, translate, adapt or disassemble the Service. Except for contemplated interactions with the Service and your results generated by use of the Service, you may not copy, reproduce, republish, upload or transmit, in any way, any part or component of the Service in any medium without the express written consent of ACT. You must not remove any proprietary notice of ACT from any part of the Service. ACT reserves the right to modify or discontinue, temporarily or permanently, the Service for any reason, at its sole discretion, with or without notice.
6. Support for the Service. Any ACT technical support provided with respect to the Service will not include assistance with configuring computer hardware, mobile devices, installing or operating computer operating systems, Internet browsers, mobile applications or any software application, regardless of the source. Periodically, ACT will conduct scheduled and unscheduled maintenance of the Service. During such maintenance periods, you may be unable to access the Service and ACT will have no liability for such downtime. Access to this support may be limited to ACT’s normal U.S. business hours (currently 8:30-5:00 central time, Monday through Friday, excluding holidays).
7. LIMITATION OF REPRESENTATIONS AND WARRANTIES AND LIABILITY. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” ACT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED. ACT MAKES NO REPRESENTATIONS OR WARRANTIES OF UPTIME OR THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT THE SERVER ON WHICH THE SERVICE IS ACCESSED IS VIRUS-FREE. YOU ASSUME THE RISK OF ANY DAMAGE TO COMPUTERS OR DEVICES (MOBILE OR OTHERWISE) USED TO ACCESS THE SERVICE OR LOSS OF DATA THAT MAY RELATE TO YOUR USE OF THE SERVICE. ACT DISCLAIMS RESPONSIBILITY (AND ANY ASSOCIATED COSTS OR DAMAGES) FOR: (A) THE OPERATION OF OTHER PRODUCTS THAT MAY INTERFERE WITH THE SERVICE; (B) TECHNICAL DIFFICULTIES THAT MAY ARISE DUE TO THE SIMULTANEOUS OPERATION OF OTHER SOFTWARE ON YOUR COMPUTER OR DEVICES (MOBILE OR OTHERWISE); (C) ANY LOSS OF DATA, DUE TO FAILURE OF THE SERVER FROM WHICH THE SERVICE IS OPERATED OR OTHERWISE, WHICH MAY OCCUR DURING YOUR USE OF THE SERVICE; (D) YOUR ACCESS TO THE INTERNET; AND (E) SELECTION OF THE SERVICE TO MEET YOUR INTENDED PURPOSES AND RESULTS OBTAINED THEREFROM.
ACT FURTHER DOES NOT WARRANT THAT THE SERVICE WEB SITE OR APPLICATION IS COMPATIBLE WITH EVERY INTERNET BROWSER OR WITH EVERY COMPUTER OR DEVICE (MOBILE OR OTHERWISE). ACT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY COMPLICATION, SUITABILITY OR NON-COMPATIBILITY OF THE TECHNOLOGY, SOFTWARE, SERVICE OR HARDWARE YOU USE TO ACCESS AND USE THE SERVICE.
ACT MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND SPECIFICALLY DISCLAIMS ALL OBLIGATIONS OR LIABILITIES FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, REPAIR, MODIFICATION, UPDATE OR PERFORMANCE OF THE SERVICE.
IN NO EVENT WILL ACT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. ACT WILL FURTHER NOT BE LIABLE FOR ANY FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND ACT'S CONTROL WHETHER OR NOT ACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Entire Agreement; Severability.
10. Force Majeure. ACT will 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, inclement weather, acts of God, governmental authorities, or third parties, insurrection, war, riots, or failure of transportation, communication, or power supply.
11. Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement.
12. U.S. Government Licensees. The Service is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and "commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Service with only those rights set forth in these Terms.