Individual Terms of Use

ACT® WORKKEYS® CURRICULUM™ IMPORTANT – THESE TERMS OF USE APPLY TO THE ACT WORKKEYS CURRICULUM SERVICE. TO ACCESS THE SERVICE AND ANY SYSTEM ON WHICH THE SERVICE IS PROVIDED (THE "SYSTEM") YOU SHOULD READ THESE TERMS CAREFULLY, AND IF YOU AGREE, TAKE THE STEPS INDICATED TO ACCESS THE ACT WORKKEYS CURRICULUM SERIVCE, WHICH ACCESS WILL BE SUBJECT TO THESE TERMS.

You may access the ACT WorkKeys Curriculum service (the “Service”) either as an intended “user” of the ACT WorkKeys Curriculum or as an authorized “supervisor” of such users. Access may be granted either because you have directly obtained a subscription to the Service, or because you have been identified by your school or other organization licensing the Service (referred to in these Terms as your “Sponsor”) as a user of the Service. Your use of the Service, whether as a user or supervisor of users, is governed by these Individual Terms of Use (these “Terms” or “Terms of Use”). If there is a conflict between these Terms and any license or service agreement executed by your Sponsor and ACT, Inc. (“ACT”), these Terms control.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT TAKE THE STEPS INDICATED TO ACCESS THE ACT WORKKEYS CURRICULUM AND DO NOT USE THE SERVICE. YOUR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

1. Use of Service; Roles and Responsibilities. Subject to these Terms of Use, your right to use the Service in your capacity as a user or supervisor is personal to you, and your use rights will be determined based on your role established by ACT and your Sponsor in the System. You agree to be responsible for your actions in your use of the Service. In your use of the Service, 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 access information assigned to you with any other person. The Service is intended to help you or the users you supervise build workplace skills and prepare for the ACT WorkKeys assessments. Your use rights will be established in the System based on the following roles or as may otherwise be agreed to by ACT and your Sponsor:

User – means the individual who will use the ACT WorkKeys Curriculum courses. Within the System and Service, users may be identified as “students.”

Supervisor – means one of the following roles, not all of which may be applicable for or designated by a particular Sponsor:

Institution Admin - has access to the Institution Admin dashboard and may create groups, instructor accounts and user (student) accounts either individually or by using a batch upload process. The Institution Admin assigns instructors and users (students) to one or more groups.

Institution Supervisor - has access to the Reporting Dashboard for an institution (site) and may run Institution, Group and User (Student) reports. Institution Supervisors may assign content to students associated with their Institution using the Assignments tool.

Instructor - has access to the Reporting Dashboard and ACT WorkKeys Curriculum Courses. Instructors are associated with one or more groups and may only see users (students) who are associated with the group or groups the instructor has been assigned to. Instructors do not create user (student) accounts or groups. Instructors may run Group and User (Student) reports to which they are associated. Instructors may assign content to users (students) associated with their groups using the Assignments tool.

District Admin - has access to the Institution Admin dashboard and may perform the same tasks as the Institution Admin but for all Institutions associated with the District in which they hold this role.

Organization Supervisor - has access to the Reporting Dashboard and may run District, Institution, Group and User (Student) reports for all Institutions associated with the Organization in which they hold this role.

2. Copyright. You agree and acknowledge that each of the Service and 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 Service or System (or any portion thereof) to any person, organization, or entity in any manner whatsoever, except that supervisors have the use rights described in these Terms and made available via the System and may collaborate with other Sponsor supervisors and may assist authorized users in accessing the Service and System.

3. Privacy Policy and Notice of Collection of Personally Identifying Information. ACT collects personally identifying information when you register for and use the Service and our processing of such information, including collection, use, transfer and disclosure, is described in the ACT Privacy Policy (www.act.org/privacy.html), as it may be amended from time to time. By accepting these Terms and using the Service, users acknowledge and agree to the provisions of the ACT Privacy Policy, including, but not limited to, ACT’s use and disclosure of data described in such policy. Supervisors acknowledge and agree that certain data and reports accessible via the System contain sensitive personal information requiring special security measures. If you are a supervisor with access to such data, you must ensure that you are authorized to receive such sensitive 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.

Notice to International Users: Your personally identifying information may be transferred outside of your home country to the United States to ACT or a third party service provider for processing and will be subject to use and disclosure under the laws of the United States. It may also be accessible to law enforcement and national security authorities in the United States. You voluntarily register for and use the Service and in doing so you provide personally identifying information to ACT and/or third party service providers, some of which is mandatory. If you do not provide certain personally identifying information that is mandatory, such as name, gender, address, and date of birth, you may not be able to complete your registration for the Service. For a full description of ACT’s privacy policy and practices please review the ACT Privacy Policy (www.act.org/privacy.html). When you register for the Service, you consent to the ACT Privacy Policy, which is incorporated into these Terms of Use by this reference, including consenting to the collection of personally identifying information and its subsequent use and disclosure. Any questions about the ACT Privacy Policy or this notice should be directed to our Data Protection Official, Vice President, Data Management at DPO@act.org

4. Access to the Service. Unless ACT or your Sponsor discontinues your access to the Service as may be permitted in a license or service agreement between ACT and your Sponsor, and subject to these Terms of Use, you will have access to the Service for the period agreed to by ACT and your Sponsor. You agree that ACT may terminate your account (or any element of your account), or access to or use of the Service for any reason, at its sole discretion, with or without notice. In the event that ACT terminates your account (or any element of your account), or your access to or use of the Service, you must immediately cease and desist from further attempts to use the Service. These Terms will continue in effect for the duration of your use of or access to the Service and remain in effect after any expiration or termination. ACT will have no obligation to refund any amounts you or your Sponsor paid for the Service, even in the event of early termination, unless otherwise agreed to by ACT in writing. For best results, use the Service on equipment meeting ACT’s minimum specifications, which ACT may publish and update periodically.

5. Service Ownership. The contents of the System and Service belong solely and completely to ACT or to its vendors. ACT also owns the trademarks ACT® WorkKeys® and ACT® WorkKeys® Curriculum . Through your use of or access to the System, the Service or otherwise, you do not and will not acquire any right, title, or interest in the System or Service or its contents, or ACT’s trademarks. THE CONTENTS OF THE SYSTEM AND 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.

6. Restrictions. You may not sell, transfer, sublicense, disclose, or otherwise make the System, the Service or any part of the System or Service available to any third party, except that supervisors have the use rights described in these Terms and made available via the System and may collaborate with other Sponsor supervisors and may assist authorized users in accessing the Service and System. You may not reverse engineer, decompile, translate, adapt or disassemble the System or Service. Except for contemplated interactions with or use of the Service and your (or a supervisor’s users’) 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 System or 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.

7. Support for the Service. Any ACT technical support provided with respect to the System or 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 System or Service. During such maintenance periods, you may be unable to access the Service and ACT will have no liability for such downtime. Access to support may be limited to ACT’s normal U.S. business hours (currently 8:30-5:00 central time, Monday through Friday, excluding holidays). The System or Service may be modified or updated from time to time at ACT's sole discretion.

8. LIMITATION OF REPRESENTATIONS AND WARRANTIES AND LIABILITY. THE SYSTEM AND SERVICE ARE 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 SYSTEM OR 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 SYSTEM AND 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. Governing Law and Jurisdiction. These Terms of Use will be construed in accordance with the laws of the State of Iowa, U.S.A. without regard for conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Johnson County, Iowa, U.S.A. for any dispute related to use of the Service or these Terms of Use. These Terms are expressly made subject to any United States government laws, regulations, orders or other restrictions regarding export from the United States of computer hardware, software, technical data or derivatives of such hardware, software or technical data. Except as otherwise made available by ACT in its sole and absolute discretion, these Terms of Use, the System, the Service and all correspondence will be exclusively in English.

10. Entire Agreement; Severability. These Terms of Use, including any documents linked or referenced herein, which the parties agree are a material part of these Terms, constitute the entire agreement between the parties with respect to the Service and supersede and replace all other prior agreements and understandings related to the Service (other than any agreement between ACT and an applicable Sponsor, which will survive). If any term, condition or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable that will not affect the other terms, conditions and provisions of these Terms or the whole of these Terms of Use, 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 in these Terms of Use.

11. 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, terrorism, riots, or failure of transportation, communication, or power supply.

12. Third Party Beneficiaries. There are no intended third party beneficiaries to these Terms.

13. 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.

14. Arbitration. Unless expressly prohibited by an applicable law, all disputes (other than those relating to infringement of ACT intellectual property) arising out of or relating to these Terms of Use will be resolved by a single arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Consumer Rules (“AAA Rules”) in effect at the time a request for arbitration is filed with the AAA. Copies of the AAA Rules can be found at www.adr.org. No arbitration may be maintained as a class action, and the arbitrator will not have the authority to combine 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. By agreeing to arbitration, you are waiving your right to have your dispute heard by a judge or jury. Each party will be responsible for its own fees and expenses incurred in connection with any arbitration.