ACTLabs Terms and Conditions of Service

Effective: September 11, 2015

Acceptance of Terms

These Terms and Conditions of Service (“Terms”) explain your interaction with the ACTLabs website (“Site”), which is affiliated with ACT, Inc. (“ACT”). When using any products and services (“Services”) provided through this Site, you are agreeing to follow and be bound by these Terms. If you do not agree with these Terms, you may not access the Site, use any content, or provide user information or content.

ACT reserves the right to modify these Terms at any time. If ACT makes modifications to these Terms, the changes will be posted on this Site and therefore we encourage you to check for updates on a regular basis.

When using the Services you affirm that you are over the age of 13, as the Services are not intended for children under the age of 13.

Description of Our Services

ACTLabs provides various inventions and prototypes on its Site called “labs” (“Lab” or “Labs”). These include, but are not limited to, online registrations, applications, and request forms as a convenience to its users. Some of the Services are provided in beta format, meaning they are in development and the purpose of using the Site and content on the Site is to obtain user feedback or for ACT research purposes as ACT seeks to expand and improve the products and services it provides.

Regardless of whether the Services you are using on the Site are in beta format or not, users are bound by these Terms, including with respect to ACT’s intellectual property as described below.

You may use our Site and the Services for personal or commercial purposes related to college and career readiness. If you are using our Services on behalf of an institution or business, that institution or business accepts these Terms. By using the Services, you represent that you are authorized by your institution or business to do so on their behalf.

Privacy

Subject to these Terms, you acknowledge that your use of the Services and the treatment of your information or content will be subject to ACTLabs Privacy Policy, as may be amended or modified from time to time.

Member Accounts

You can become a member of ACTLabs by creating an account which will allow you to become part of the ACTLabs Community. A condition to creating an account is that you agree to maintain the confidentiality of your user name and password. Any activity occurring under your account will be attributed to you.

As a member of ACTLabs Community you may post ideas, comments, feedback and other content on the Site. This is acceptable and encouraged as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us.

ACT reserves the right to refuse service, terminate your account, or remove or edit content in our sole discretion.

If you have questions about you’re your member account, please contact actlabs@act.org.

Intellectual Property

ACT retains all rights, title, and interest in and to the Services, and in all related content, materials, copyrights, trade secrets, patents, trademarks, derivative works and any other intellectual and industrial property and proprietary rights, including moral rights, registrations, applications, renewals and extensions of such rights (the “Works”). The rights in these Works are valid and protected in all forms, media and technologies existing now or hereafter developed and any use other than as expressly set forth herein, including the reproduction, modification, distribution, transmission, adaptations, translation, display, republication or performance of the Works is strictly prohibited except as expressly stated in such materials or with the express written permission of ACT. For permission to reproduce copyrighted materials, contact publications@act.org.

You may not, directly or indirectly, or cause or permit others to: (i) remove or modify any program markings or any notice of ACT’s or its licensors’ proprietary rights in the product documentation, Services or Works; (ii) make the programs or materials resulting from the Services (excluding your content) available in any manner to any third party for use in the third party’s business operations; (iii) modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs) product documentation, or Works, or access or use the product documentation, Services, or Works in order to build or support, or assist a third party in building or supporting, products or services competitive to the Services; (iv) perform or disclose any benchmark or performance tests of the Services without ACT’s prior written consent; (v) perform or disclose any of the following security testing of the Services environment or associated infrastructure without ACT’s prior written consent: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; or (vi) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Services, Services environment, or Works available to any third party, other than as expressly permitted in these Terms or by ACT.

The Site may host third party content or technology, and in those instances the respective creators retain the rights to their content or technology.

Links and Websites

The Site may contain links to non-ACT affiliated websites. ACT does not control the terms and conditions of use of these websites. You should review the terms and conditions of use of the non-ACT affiliated website before using these websites. ACT is not responsible for the content or practices of any linked non-ACT affiliated websites, and provides these links solely for the convenience and information of visitors to the Site.

Software Available with our Services

All software used on the Site is the property of its software suppliers. Attribution to third-party providers, free and paid, will be made in the documentation provided with the appropriate Lab.

Warranties and Disclaimers

ACT DOES NOT GUARANTEE THAT: (I) THE SERVICES OR SERVICES ENVIRONMENT WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT ACT WILL CORRECT ALL SERVICES OR SERVICES ENVIRONMENT ERRORS; (II) THE SERVICES OR SERVICES ENVIRONMENT WILL OPERATE IN COMBINATION WITH YOUR CONTENT, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ACT, OR (III) THE SERVICES OR SERVICES ENVIRONMENT WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT ACT DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ACT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ACT IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT. ACT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. ACT MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES RELATED TO THE SERVICES OR SERVICES ENVIRONMENT WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ACT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.

Limitation of Liability

ACT WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST VALUE OR LOST SALES (WHETHER SUCH PROFITS, SAVINGS, VALUE OR SALES ARE DIRECT, INDIRECT, CONSEQUENTIAL OR OF ANY OTHER NATURE), LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK(S), OR THE RECOVERY OF SUCH DATA, SYSTEMS(S) OR NETWORK(S), LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DOWNTIME, LOSS OF GOODWILL OR REPUTATION, SERVICES NOT BEING AVAILABLE FOR USE OR THE PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES UNDER ANY THEORY OF LIABILITY EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, ACT’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR THE SERVICES SHALL NOT EXCEED $100.

Guarantees

YOU ACKNOWLEDGE THAT NEITHER ACT NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY CONTENT ON THE SITE MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND CONTENT OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION: WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD-PARTY RIGHTS.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms.

Suspension

Notwithstanding anything to the contrary in these Terms, ACT may suspend your password, account, and access to or use of the Services if you or your users violate any provision of these Terms, or if in ACT’s reasonable judgment, the Services or any component thereof are about to suffer a significant threat to security or functionality. ACT may provide advance notice to you of any such suspension in ACT’s s reasonable discretion based on the nature of the circumstances giving rise to the suspension. ACT will use reasonable efforts to re-establish the affected Services promptly after ACT determines, in its reasonable discretion, that the situation giving rise to the suspension has been cured; however, during any suspension period, ACT will make reasonable efforts to make available to you your content as existing in the Services environment on the date of suspension. ACT may terminate your access to, and use of, the Services if any of the foregoing causes of suspension are not cured within 10 days after ACT’s initial notice thereof.