The ACT Test Terms and Conditions

Updated June 5, 2024

TERMS AND CONDITIONS

Testing Rules and Policies for the ACT Test

2024–2025

The ACT

Test Terms and Conditions:

Testing

Rules and Policies for the ACT Test

(“

Terms

and Conditions

”) are a legal agreement

between the person who will take the ACT

test (“you”) and ACT Education Corp. (“ACT”).

They set out important rules and policies

relating to your taking the ACT test, including

those relating to test security. By registering

for, launching, starting, or submitting answer

documents for an ACT test (“test”), you are

agreeing to these

Terms and Conditions.

All

references to “test” or “tests” in these

Terms

and Conditions

refer to the ACT test and test-

related documents in paper or electronic

form, including test booklets, test questions,

test responses, and responses marked on

answer documents.

Please read these Terms and Conditions

carefully. If you have any questions, you may

discuss them with your parent, legal guardian,

or trusted adult. You should carefully review

the Terms and Conditions each time you test

(available on the ACT website at

www.act.org/the-act/terms

If you have difficulty accessing these Terms

and Conditions and/or any of the ACT rules

and policies referred to in the Terms and

Conditions, please contact ACT Customer

Support at 319.337.1270 or at

www.act.org/content/act/en/contact-act.html

before registering for or taking the ACT test.

ACT will be happy to provide these Terms and

Conditions, rules, or policies in an alternative

format or give you access to these Terms and

Conditions in some other reasonable manner.

NOTICE: By registering for and/or taking the

ACT test, you represent and affirm the

following to ACT:

 The information you have provided to ACT

is true.

 You have read, understand, and agree to be

bound by these Terms and Conditions and

the ACT rules and policies referenced in

these Terms and Conditions.

 You are not working for or on behalf of any

test preparation provider(s).

 Any and all disputes, claims, or

controversies (“Disputes”) between you and

ACT will be resolved through binding

arbitration except as expressly provided in

Section 14 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.

Updated June 5, 2024

Contents

Section 1. Privacy Policy and Notice of Collection of Personally Identifying Information. ............................... 3

Section 2. Automatic Score Reporting for Scholarship Purposes. ................................................................................... 3

Section 3. Photo Submission Requirement for Registration. ............................................................................................. 3

Section 4. Rules for Entry to the Test. ................................................................................................................................................. 3

Section 5. Items Brought to the Test. ................................................................................................................................................. 4

Section 6. Prohibited Behaviors. ............................................................................................................................................................ 4

Section 7. Capturing Images or Video or Audio Recordings. .............................................................................................. 5

Section 8. Prohibited Behavior Observed or Suspected by Test Staff. ......................................................................... 5

Section 9. Individual Score Reviews..................................................................................................................................................... 5

Section 10. Individual Score Review Process. ................................................................................................................................. 6

Section 11. Compromises in the Registration, Testing, Scoring, or Score Reporting

Process and Group Irregularities. .......................................................................................................................................................... 7

Section 12. Test Security Investigations. ............................................................................................................................................ 8

Section 13. Voluntary Cancellation of Scores by You. ............................................................................................................... 9

Section 14. ARBITRATION AGREEMENT. ........................................................................................................................................... 9

Section 15. Termination of Agreement (in Whole or in Part). ..............................................................................................11

Section 16. LIMITATION OF LIABILITY AND DAMAGES............................................................................................................11

Section 17. ACT Intellectual Property Rights and Confidentiality. ................................................................................... 12

Section 18. ACT Policies and Rules. ...................................................................................................................................................... 12

Section 19. Limitations. ................................................................................................................................................................................ 13

Section 20. Governing Law. ...................................................................................................................................................................... 13

Section 21. Venue. ........................................................................................................................................................................................... 13

Section 22. Waiver and Severability. ................................................................................................................................................... 13

Section 23. Force Majeure. ........................................................................................................................................................................ 13

Section 24. No Third-Party Beneficiary. ........................................................................................................................................... 14

Section 25. Questions Regarding These Terms and Conditions. .................................................................................... 14

Updated June 5, 2024

1. Privacy Policy and Notice of Collection of

Personally Identifying Information. ACT

collects personally identifying information

when you register for or take one of our

tests. Some of this information is

mandatory (including, but not limited to,

your name, address, and date of birth),

because it enables ACT to, for example,

administer the test, report scores to

colleges, and protect test security. ACT

recognizes the importance of protecting

the privacy of your personally identifying

information. Our processing of such

information, including collection, use,

transfer, and disclosure, is described in the

ACT Privacy Policy found at

www.act.org

/privacy. When you register for or take an

ACT test, you consent to the ACT Privacy

Policy. If you or your parent or guardian

has any questions about the ACT Privacy

Policy, contact our Data Protection Officer

[email protected].

2. Automatic Score Reporting for

Scholarship Purposes. Some scholarship

and recognition programs use ACT scores

as one source of information to recognize

student achievement. If you meet the

program’s criteria, ACT may automatically

report your test scores (including

superscores) and other information about

you (including personally identifying

information) to these programs, unless you

opt out of such sharing. To opt out, you

must send an email to

act-

[email protected]g no later than the late

registration deadline for the test date for

which you do not want your scores and

information reported.

Note: Opting out of scholarship score

reporting will not affect other uses of your

scores, such as reporting to the colleges

you select when you register for the test,

reporting to your high school, or sending

your information to Educational

Opportunity Service (EOS) recipients if you

opt in to that service. This section does not

apply to the ACT On-Campus testing

program, which is a limited testing

program authorized for use by institutions

of higher education.

3. Photo Submission Requirement for

Registration. During test registration, ACT

may require you to submit a photo that

meets the ACT Photo Submission

Requirements found at

www.act.org/the-

act/photo-requirements.html. Your photo

may be used for test security and other

identification purposes. For example, ACT

may place your photo on your admission

ticket, provide it to test staff, and/or

include it on the score report that is sent

to your high school. You must have the

right to submit the photo to ACT, either

because you own it or because you have

permission to submit it from the person

who owns it. ACT may use your photo for

all the purposes described in the ACT

Requirements, and this section.

a. Consequences for Failure to Provide

Photo: Photos must be submitted by

the photo upload deadline found at

www.act.org/the-act/photo-

requirements.html. If you fail to provide

a required photo by the deadline, ACT

may cancel your test registration and

release your seat; you will be subject to

all test date change policies and fees.

You must then provide a photo by the

photo deadline for any new test date. If

you miss the deadline and do not

request a test date change, your

original registration fee will not be

refunded.

b. Examinees Age 12 or Under: Examinees

who are 12 years old or younger do not

have to submit a photo for registration

but must bring acceptable

identification to be admitted to the

test, as set forth in Section 4 below.

4. Rules for Entry to the Test. You must meet

all rules for entry to the test described in

this section.

a. V

erifying your Identity: You must

review ACT requirements for

acceptable identification, found at

www.act.org/the-act/id, and have

acceptable identification with you on

test day. ACT policies on acceptable

Updated June 5, 2024

forms of identification are updated

from time to time; you must comply

with the identification requirements in

effect on the day you test. Make sure to

check for any updates before the day

of testing. If you have any questions

about acceptable identification, please

contact ACT Customer Support at

319.337.1270 or at

www.act.org/content

/act/en/contact-act.html before the day

of testing. Test staff have sole

discretion on test day to deny

admission to the test if they conclude

you do not have an acceptable form of

identification. Any such decision by

test staff is final. For State testing,

District testing, Special testing,

Arranged testing, and On-Campus

testing, ACT requires that you show

acceptable identification on the test

day, unless test staff personally

recognize you.

b. O

ther Entrance Requirements: You

may be denied entry to the test center

and not allowed to take the ACT test if

you do not follow the physical security

requirements or health and safety rules

in place at the test center. Test staff has

sole discretion on test day to deny

admission to the test if they conclude

that you do not meet the test center

requirements. Any such decision by

test staff is final.

5. I

tems Brought to the Test. Neither ACT

nor test staff shall be responsible for loss of

or damage to any items that you bring to a

test center. ACT may also restrict the items

you bring to the test. Items you bring or

wear including, but not limited, to hats,

glasses, masks, purses, backpacks, cell

phones, calculators, other electronic

devices, pre-approved medications or

personal aids, and watches, may be

searched or inspected at the discretion of

ACT and test staff. Searches may include

the use of tools, such as handheld metal

detectors that detect prohibited metal

items. ACT may confiscate and retain for a

reasonable period any item suspected of

having been used, or capable of being

used, in violation of these Terms and

Conditions. ACT may also provide such

items to, and permit searches of such

items by, third parties in connection with

investigations conducted by ACT or others.

6. Prohibited Behaviors. You may not

engage in any of the following behaviors in

connection with taking the ACT test:

a. Filling in or altering responses to any

multiple-choice questions or

continuing to write or alter the essay

after time has been called. This means

that you cannot make any changes to

a test section outside of the designated

time for that section, even to fix a stray

mark or accidental keystroke.

b. Looking back at a test section on

which time has already been called.

c. Looking ahead to other test sections.

d. Looking at another person’s test or

answers.

e. Giving or receiving assistance by any

means.

f. Discussing or sharing test questions,

answers, or test form identification

numbers at any time, including during

test administration, during breaks, or

after the test.

g. Attempting to photograph, copy, or

memorize test-related information or

remove test materials, including

questions or answers, from the test

room in any way or at any time.

h. Disclosing test questions or answers, in

whole or in part, in any way or at any

time, including through social media.

i. Failure to comply with ACT’s required

computer configurations, secure

testing client installation, and/or

system checks if you are taking the

ACT online using a device you bring.

j. Using a prohibited calculator

(described in the ACT Calculator Policy

found at

www.act.org/calculator-

policy.html).

k. Using a calculator on any test section

other than mathematics.

Updated June 5, 2024

l. Sharing a calculator with another

person.

m. Wearing a watch during test

administration. All watches, timers, or

other timing devices must be removed

and placed on the desk while in the

test room so that it remains visible to

staff during the test.

n. Using a watch or other timing device

with recording, internet,

communication, or calculator

capabilities (e.g., a smart watch or

fitness band).

o. Accessing any electronic device other

than an approved calculator or watch.

All other electronic devices, including

cell phones and other wearable

devices, must be powered off and

stored out of sight from the time you

are admitted to test until you leave the

test center.

p. Using highlighter pens, colored pens or

pencils, notes, dictionaries (unless

approved by the test administrator for

translations), or other aids.

q. Using scratch paper.

Note: If you are taking the ACT online,

some use of ACT-authorized scratch

paper or a dry erase surface/white

board may be permitted; all such use

must be in accordance with ACT

policies and procedures.

r. Not following instructions or abiding

by the rules of the test center.

s. Not following the rules of the test

administration.

t. Exhibiting confrontational,

threatening, or unruly behavior.

u. Violating any laws. If ACT suspects you

have engaged in criminal activities in

connection with a test, such activities

may be reported to law enforcement

agencies.

v. Allowing an alarm on a personal item

to sound in the test room or creating

any other disturbance.

7. Capturing Images or Video or Audio

Recordings. ACT may capture images or

record video and/or audio of you and your

testing environment in connection with

the testing process and may use the

images or recordings at any time for the

purpose of protecting test security,

improving services, or as otherwise

allowed under the ACT Privacy Policy

and/or applicable law.

8. Prohibited Behavior Observed or

Suspected by Test Staff. Test staff may

monitor you and others during the testing

process. If they observe or suspect you of

engaging in prohibited behavior, they

have the right to discontinue your exam

and direct you to leave the test center, if

applicable. Any such decision by test staff

is final. Test staff may not give you a

warning of any observed or suspected

prohibited behavior before you are

dismissed.

In some cases, test staff may allow an

examinee to continue an exam, but report

observed or suspected prohibited behavior

on an irregularity report that is submitted

to ACT. ACT, in its sole discretion, may take

action in response, which may include not

scoring your exam or canceling a

previously reported score. Any such

decision by ACT is final.

If your exam is canceled pursuant to this

Section 8, you forfeit your registration, and

no refund will be issued.

9. Individual Score Reviews. In some cases,

test staff may not suspect, observe, or

report prohibited behavior in the testing

process, but other information comes to

the attention of ACT that raises questions

about the validity of an examinee’s test

scores. For example, ACT may find unusual

similarities in an examinee’s answers and

the answers of another examinee through

statistical or other analyses, indicators that

an examinee may have falsified his or her

identity or impersonated someone else,

indicators of possible advance access to

test questions or answers, or other

indicators that an examinee’s test scores

may not be valid. In these cases, ACT may

Updated June 5, 2024

choose to conduct an Individual Score

Review.

a. Objective of an Individual Score

Review: The objective of an Individual

Score Review is to determine whether

your scores should be considered valid

ACT scores─not to determine whether

you engaged in misconduct. ACT

reserves the right to cancel your scores

if it has reason to believe the scores are

invalid, based on substantial evidence.

Proof of misconduct is not required to

cancel scores.

b. I

ntegrity of Test Scores: ACT conducts

Individual Score Reviews to protect the

fairness of the testing process and the

integrity of ACT scores. This benefits

examinees as well as colleges,

universities, and other score recipients.

c. N

otification of an Individual Score

Review: In most cases, ACT will initiate

the Individual Score Review process by

sending you a letter. If your mailing

address is outside of the United States,

however, ACT will send a letter to the

email address you provided to ACT.

Email is used to avoid delays caused by

international mailing, and if your

mailing address is outside the United

States, you agree to receive

unencrypted emails from ACT

regarding Individual Score Reviews.

You must maintain accurate and up-

to-date contact information with ACT.

You can update your mailing address

by contacting ACT Customer Support

at 319.337.1270 or at

www.act.org/content/act/en/contact-

act.html.

d. Timing of an Individual Score Review:

Your scores may become the subject of

an Individual Score Review at any time

they are on file with ACT as valid and

reportable ACT scores. While Individual

Score Reviews are typically initiated

within a year after the applicable test

date, information may come to ACT’s

attention at any time that causes a

review of your scores. For example,

investigations into recently reported

scores or activities may cause ACT to

reevaluate older scores; ACT may

receive inquiries at any time from high

schools, colleges, and other official

score recipients questioning scores

they believe to be inconsistent with

their observations of academic

performance; or ACT may receive

information through its Test Security

Hotline or from external investigations

causing ACT to reexamine past scores.

ACT reserves the right to conduct an

Individual Score Review at any time.

10. Individual Score Review Process. If your

ACT scores become the subject of an

Individual Score Review, ACT will send you

a letter that gives you three options: (1)

submit documentation to ACT in support

of your scores; (2) take a free, private retest

to resolve the score review; or (3)

voluntarily cancel your scores. Additional

details regarding these options will be

provided in ACT’s correspondence to you.

ACT’s letter will include a Score Review

Option Sheet that outlines these options.

You must sign and return the Score

Review Option Sheet to ACT with only one

option selected by the deadline stated in

the letter.

a. S

ubmit Documentation: If you choose

to submit documentation to ACT in

support of your scores, this

documentation is provided to a Test

Security Review Panel, which will

consider the totality of the evidence

from you and ACT and determine

whether to recommend cancellation of

the scores. If the review panel

recommends that your scores be

canceled, you will again be given

several options, including: (1) voluntarily

canceling your scores; (2) taking a free,

private retest to resolve the score

review; or (3) challenging the review

panel’s cancellation recommendation

pursuant to the dispute resolution

provisions discussed in Section 14

below. Additional details regarding

Updated June 5, 2024

these options will be provided in ACT’s

correspondence to you.

b. Private Retest or Voluntary Score

Cancellation: You may select the

private retest option or voluntary score

cancellation option at any point in the

Individual Score Review process to fully

resolve the Individual Score Review.

c. F

ailure to Participate in the Individual

Score Review Process: If you do not

respond to ACT’s Individual Score

Review correspondence and identify a

preferred option by the deadline stated

in the correspondence, do not

participate in the Individual Score

Review process, or unreasonably delay

the Individual Score Review process or

resolution, ACT may cancel your scores

that are under review if it has

substantial evidence to support they

are invalid. You hereby agree and

authorize ACT to make such a

cancellation. If your scores have been

canceled, ACT will not reinstate them

absent exceptional circumstances and

only in ACT’s sole discretion.

d. S

core Reporting While Scores Are

Under Review: ACT reserves the right

to hold scores and not issue score

reports pending the outcome of the

Individual Score Review process.

e. N

otification to Official Score Recipients

of Pending Individual Score Review:

Although it is ACT’s general policy not

to notify official score recipients of a

pending Individual Score Review, ACT

reserves the right to notify official score

recipients that an Individual Score

Review is pending at any time. You

hereby agree and authorize ACT to

make such a disclosure.

f. S

core Cancellation Notices: If your

scores are canceled for any reason

relating to an Individual Score Review,

ACT sends a letter to all official score

recipients (i.e., the entities that receive

scores directly from ACT) informing

them that the scores have been

canceled. ACT generally does not

inform official score recipients of the

reason for cancellation but may do so

in exceptional circumstances

including, but not limited to, instances

in which there is a misconduct finding

as defined in Section 12(c) below.

11. Compromises in the Registration, Testing,

Scoring, or Score Reporting Process and

Group Irregularities. ACT takes steps that

are intended to provide you a standardized

testing process. However, circumstances

may prevent this from occurring in some

cases. Those circumstances include, but

are not limited to:

 Deviations from standard testing

procedures such as events that cause

testing to be canceled or interrupted,

or a mistiming on any part of the test;

 Concerns regarding whether testing

can be safely conducted considering

health or other conditions affecting a

testing location;

 Errors, delays, or other non-standard

circumstances in (a) processing test

registrations; (b) delivering tests; (c)

administering tests; (d) uploading test

responses; (e) preparing, handling,

shipping, receiving, processing, or

scoring tests; or (f) reporting scores;

 Disruptions at the test location;

 Evidence of group irregularities or

compromises (which includes, but is

not limited to, evidence of advance

access to or disclosure of test content,

unusual similarities for a group of

examinees, or evidence that a room or

center was impacted by prohibited

behavior); or

 Any other events that disrupt or

compromise any part of the testing

process (i.e., registration, test

distribution, testing, scoring, and score

reporting).

In the event such a circumstance occurs,

ACT will examine the situation and

determine whether it needs to take any

action including, but not limited to, not

proceeding with a scheduled test

Updated June 5, 2024

administration, not scoring tests, or

canceling scores. ACT may determine that

no further action is necessary, and that

decision is final. However, if ACT determines

that it needs to take action, ACT will in its

sole discretion: (a) correct the error (if an

error occurred and ACT believes correction

is feasible); (b) cancel the test

administration, not score tests, or cancel

scores, including all completed sections of

the test (“discontinue the testing process”);

offer each affected person the option to

retest at no additional fee (normally on a

future National test date); or (d) discontinue

the testing process and offer a refund.

If the impacted test event is a State testing

event (i.e., one where a state or district has

paid for your test), ACT may offer you the

option to retest at no additional fee or it

may cancel the test event without an

option for retest.

ACT shall not be required to conduct

Individual Score Reviews for each impacted

group member described in this Section 11.

ACT may take any action pursuant to this

section regardless of whether you caused

or benefited from the compromise or

irregularity, or otherwise violated these

Terms and Conditions. To the extent

permitted by applicable law, the remedies

listed in this Section 11 are the exclusive

remedies available to examinees for the

circumstances described in this Section 11.

Decisions made by ACT pursuant to this

section are final.

12. Test Security Investigations. As part of its

efforts to protect the fairness of the ACT

test and the integrity of ACT scores, ACT

may investigate the security of its test

materials and the testing process (“test

security investigation”), and you agree to

cooperate with any test security

investigation. ACT reserves the right to

hold and not report scores pending the

outcome of a test security investigation.

Test security investigations may produce

evidence that causes ACT to initiate one or

more Individual Score Reviews as outlined

in Sections 9 and 10 above. In other cases,

test security investigations may produce

evidence that calls into question a group

of examinee scores (e.g., all scores

achieved from a specific room, school, or

district on a specific test date) and results

in ACT taking action under Section 11,

above.

In addition to taking action regarding

examinee scores, ACT may, in its sole

discretion, decide as part of a test security

investigation that additional steps are

appropriate, such as when prohibited

behavior is or might be ongoing or rises to

the level of an infringement of ACT’s

intellectual property rights or a criminal act

(e.g., coordinated group efforts to steal and

disseminate ACT’s secure test content;

activities involving someone else taking the

test for another person or altering test

responses; theft of, disclosure of, or access

to test content or responses to secure test

questions; or other serious or potentially

ongoing misconduct). Those additional

steps may include, but are not limited to,

the following:

a. Prohibiting You from Taking the ACT:

ACT may prohibit you from taking the

ACT test, even if you have already

registered, if ACT has reason to believe

(1) you engaged in prohibited behavior

in connection with a prior or future

administration of the ACT test, (2) you

intend to engage in prohibited

behavior in the future, (3) you have

provided false or misleading

information to ACT or to others relating

to your taking the ACT test, or (4) you

are working for a test preparation

provider. This prohibition may be

temporary or permanent.

b. D

isclosure of Investigative Information:

ACT may disclose details of a test

security investigation to anyone who

may be able to assist ACT in the

Updated June 5, 2024

investigation or who may have an

interest in their own independent

investigation, such as law enforcement,

state departments of education, local

school officials, and official score

recipients. Such disclosures help

protect the integrity and fairness of the

test process and benefit examinees

who properly obtain their ACT scores,

as well as official score recipients. You

authorize and consent to these

disclosures.

c. Disclosure of Misconduct Finding: If

you are found by a court or arbitrator

to have engaged in any action

prohibited under these Terms and

Conditions that affected the validity of

your scores on the ACT test or the

scores of any other examinee(s)

(“misconduct finding”), ACT may

disclose that fact to any schools or

scholarship entities that received your

ACT scores and to other third parties

with a legitimate reason for knowing

that information.

13. V

oluntary Cancellation of Scores by You.

Unless you test under a State, District, or

On-Campus testing program, ACT will

cancel your scores upon your request. If

ACT has already sent the scores to official

score recipients, ACT will notify those

official score recipients that the scores

have been canceled. ACT will not be

required to reinstate voluntarily canceled

scores, even if you later change your mind.

14. AR

BITRATION AGREEMENT. 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 14, certain

Disputes between you and ACT will be

submitted to an arbitrator, not a judge or

jury, for resolution.

a. Ar

bitration of Disputes: You and ACT

agree that any and all disputes,

claims, or controversies (“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 and

Conditions, 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.

b. 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 Section 14(f).

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 14, 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

Updated June 5, 2024

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

required by applicable law.

c. 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 set forth in Section 14(e)

below.

d. I

ndividual 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.

e. Mu

ltiple Demands: Notwithstanding

the arbitration agreement set forth in

this Section 14, 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 provision, you or

ACT may seek resolution of the Dispute

in court in accordance with Section 21.

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 Section

14(c), any issues regarding whether the

filing of an arbitration demand does or

would violate this Section 14(e) and/or

whether a court action may be filed

pursuant to this Section 14(e) must be

resolved in court in accordance with

Section 21, 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.

f. 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

Updated June 5, 2024

County, Iowa, for the sole purpose of

seeking a declaratory judgment

naming a substitute arbitration forum

or arbitrator.

g. Small Claims Court: Notwithstanding

the arbitration agreement set forth in

this Section 14, 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 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.

h. A

pplicable 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.

i. S

everability: If any provision in this

Section 14 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) Section

14(d) 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) Section

14(e) 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 Section 21, and you

and ACT agree that any court

proceedings will be stayed pending

conclusion of any arbitration

proceedings.

15. Termination of Agreement (in Whole or in

Part). If you repudiate, disaffirm, disavow,

rescind, or otherwise cancel your

agreement to all or any part of these

Terms and Conditions at any time, ACT

may─in addition to taking other action

and without conceding the validity of your

actions─in its sole discretion, refund your

test registration fee(s), cancel your score(s),

and notify official score recipients that the

score(s) have been canceled.

16. L

IMITATION OF LIABILITY AND

DAMAGES. To the extent permitted by

applicable law, ACT’s total liability to you,

or anyone claiming by or through you or

on your behalf, for any claims, losses,

costs, or damages arising out of, resulting

from, or in any way related to the ACT

test, from any cause, shall not exceed the

test registration fees you paid to ACT or

$250, whichever is greater. To the extent

Updated June 5, 2024

permitted by applicable law, in no event

shall ACT be liable to you, or anyone

claiming by or through you or on your

behalf, for

a. Any indirect, special, consequential,

speculative, incidental, loss of

opportunity (regardless of whether or

how these are classified as damages),

exemplary, or punitive damages

b. Attorneys’ fees or expenses

c. Expert witness fees

d. Other costs, whether arising out of

claims for breach of contract, tort

(including negligence), strict liability,

product liability, or otherwise and

regardless of whether such loss or

damage was foreseeable, or you have

been advised of the possibility of such

loss or damage.

17. ACT Intellectual Property Rights and

Confidentiality.

a. Intellectual Property: All ACT tests, test-