����TV

2. Automatic Score Reporting for Scholarship Purposes.

Some scholarship and recognition programs use ����TVscores as one source of information to recognize student achievement. If you meet the program’s criteria, ����TVmay 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 actservices@act.org 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 ����TVRecruit Me (formerly the Educational Opportunity Service or EOS) recipients if you opt in to that service. This section does not apply to the ����TVOn-Campus testing program, which is a limited testing program authorized for use by institutions of higher education. 

4. Rules for Entry to the Test.

You must meet all rules for entry to the test described in this section.

1. Verifying your Identity: You must review ����TVrequirements for acceptable identification, found at , and have acceptable identification with you on test day. ����TVpolicies on acceptable 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 ����TVCustomer Support at 319.337.1270 or at 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, ����TVrequires that you show acceptable identification on the test day, unless test staff personally recognize you.
2. Other Entrance Requirements: You may be denied entry to the test center and not allowed to take the ����TVtest if you do not follow the physical security requirements or health and safety rules in place at the test center. Test staff have 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.

6. Prohibited Behaviors.

You may not engage in any of the following behaviors in connection with taking the ����TVtest:

1. 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.
   
2. Looking back at a test section on which time has already been called.
3. Looking ahead to other test sections.
4. Looking at another person’s test or answers.
5. Giving or receiving assistance by any means.
6. Discussing or sharing test questions, answers, or test form identification numbers at any time, including during test administration, during breaks, or after the test.
7. Attempting to photograph, copy, memorize, or capture test-related information or remove test materials, including questions or answers, from the test room or from an online test session in any way or at any time.
   
8. Disclosing test questions or answers, in whole or in part, in any way or at any time, including through social media.
9. Failure to comply with ACT’s required computer configurations, secure testing client installation, and/or system checks if you are taking the ����TVonline using a device you bring.
10. Using a prohibited calculator (described in the ����TVCalculator Policy found at ).
11. Using a calculator on any test section other than mathematics.
12. Sharing a calculator with another person.
13. 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.
14. Using a watch or other timing device with recording, internet, communication, or calculator capabilities (e.g., a smart watch or fitness band).
15. 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.
16. Using highlighter pens, colored pens or pencils, notes, dictionaries (unless approved by the test administrator for translations), or other aids.
17. Using scratch paper. Note: If you are taking the ����TVonline, 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 ����TVpolicies and procedures.
18. Not following instructions or abiding by the rules of the test center.
19. Not following the rules of the test administration.
20. Exhibiting confrontational, threatening, or unruly behavior.
21. Violating any laws. If ����TVsuspects you have engaged in criminal activities in connection with a test, such activities may be reported to law enforcement agencies.
22. Allowing an alarm on a personal item to sound in the test room or creating any other disturbance.

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 are 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 ����TVis final.

If your exam is canceled pursuant to this Section 8, you forfeit your registration, and no refund will be issued.

10. Individual Score Review Process.

If your ����TVscores become the subject of an Individual Score Review, ����TVwill send you a letter that gives you three options: (1) submit documentation to ����TVin 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 ����TVwith only one option selected by the deadline stated in the letter.

1. Submit Documentation: If you choose to submit documentation to ����TVin 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 ����TVand 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 these options will be provided in ACT’s correspondence to you.
2. 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.
3. Failure 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, ����TVmay cancel your scores that are under review if it has substantial evidence to support they are invalid. You hereby agree and authorize ����TVto make such a cancellation. If your scores have been canceled, ����TVwill not reinstate them absent exceptional circumstances and only in ACT’s sole discretion.
4. Score Reporting While Scores Are Under Review: ����TVreserves the right to hold scores and not issue score reports pending the outcome of the Individual Score Review process.
5. Notification 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, ����TVreserves the right to notify official score recipients that an Individual Score Review is pending at any time. You hereby agree and authorize ����TVto make such a disclosure.
6. Score Cancellation Notices: If your scores are canceled for any reason relating to an Individual Score Review, ����TVsends 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. ����TVgenerally does not inform official score recipients of the reason for cancellation but may do so in exceptional circumstances.

12. Test Security Investigations.

As part of its efforts to protect the fairness of the ����TVtest and the integrity of ����TVscores, ����TVmay investigate the security of its test materials and the testing process (“test security investigation”), and you agree to cooperate with any test security investigation. ����TVreserves the right to hold and not report scores pending the outcome of a test security investigation. Test security investigations may produce evidence that causes ����TVto 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 ����TVtaking action under Section 11, above.

In addition to taking action regarding examinee scores, ����TVmay, 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:

1. Prohibiting You from Taking the ACT: ����TVmay prohibit you from taking the ����TVtest, even if you have already registered, if ����TVhas reason to believe (1) you engaged in prohibited behavior in connection with a prior or future administration of the ����TVtest, (2) you intend to engage in prohibited behavior in the future, (3) you have provided false or misleading information to ����TVor to others relating to your taking the ����TVtest, or (4) you are working for a test preparation provider. This prohibition may be temporary or permanent.
2. Disclosure of Investigative Information: ����TVmay disclose details of a test security investigation to anyone who may be able to assist ����TVin the 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 ����TVscores, as well as official score recipients. You authorize and consent to these disclosures.

14. ARBITRATION AGREEMENT.

Arbitration is an alternative dispute resolution procedure intended to allow you and ����TVto resolve issues without going to court. As described in this Section 14, certain Disputes between you and ����TVwill be submitted to an arbitrator, not a judge or jury, for resolution.

1. Arbitration of Disputes: You and ����TVagree 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 ����TVtest 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 ����TVagree that a final arbitration award may be entered in a court which has jurisdiction.

   By agreeing to arbitration, you and ����TVare 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.

2. 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 ����TVagree 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: . When an arbitration demand is properly and permissibly filed pursuant to this Section 14, you and ����TVmust 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 the fee for you or ����TVis 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. The issue for arbitration is whether ����TVhad reason to believe the scores were invalid, based on substantial evidence, which will be decided through a declaratory judgment action by a single arbitrator.
   
   
3. 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.
   
   
4. Individual 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.
   
   
5. Multiple Demands: Notwithstanding the arbitration agreement set forth in this Section 14, neither you nor ����TVmay 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 ����TVagree 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 ����TVagree 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 ����TVare unable to seek resolution of a Dispute in arbitration due to this Section 14(e), you or ����TVmay seek resolution of the Dispute in court in accordance with Section 21. Neither you nor ����TVmay 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.
   
   
6. Substitute Arbitration Forum: If, for any reason, AAA is not available as an arbitration forum, you and ����TVagree to reasonably confer regarding a substitute arbitration forum or arbitrator. In the event you and ����TVare 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 ����TVmay submit the issue to the U.S. District Court for the Southern District of Iowa or a state court located in Johnson County, Iowa, for the sole purpose of seeking a declaratory judgment naming a substitute arbitration forum or arbitrator.
   
   
7. Small Claims Court: Notwithstanding the arbitration agreement set forth in this Section 14, you or ����TVmay 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 ����TVpursuant to the rules, and such action is within the jurisdiction of the small claims court, you and ����TVagree 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.
   
   
8. Applicable 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 ����TVto 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.
   
   
9. Severability: 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 ����TVas 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 ����TVwill 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 ����TVagree that any court proceedings will be stayed pending conclusion of any arbitration proceedings.

16. LIMITATION 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 ����TVtest, from any cause, shall not exceed the test registration fees you paid to ����TVor $250, whichever is greater. To the extent permitted by applicable law, in no event shall ����TVbe liable to you, or anyone claiming by or through you or on your behalf, for

1. Any indirect, special, consequential, speculative, incidental, loss of opportunity (regardless of whether or how these are classified as damages), exemplary, or punitive damages
2. Attorneys’ fees or expenses
3. Expert witness fees
4. 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.

18. ����TVPolicies and Rules.

The ����TVexaminee policies and rules referenced in these Terms and Conditions and other rules applicable to the administration of the ����TVtest are available for your review at and are specifically incorporated into these Terms and Conditions. ����TVexaminee policies and rules are periodically updated, and subject to change until 48 hours prior to your test date. Except to the extent you are testing under a State, District, Arranged, or On-Campus testing program, ����TVwill send you a notification approximately 48 hours before the test date reminding you to review the policies and rules on the website, and you have an obligation to read the policies and rules before you take the test. If you do not agree to comply with the policies and rules that are in effect 48 hours prior to your test date, you must notify ����TVprior to the test of your intent to cancel your registration pursuant to this provision. ����TVmay provide a refund in the event of such cancellation in its sole discretion. Information about when ����TVallows refunds can be found at . If you have any questions about the applicable policies and rules, or wish to provide notification of your intent to cancel your registration pursuant to this provision, contact ����TVCustomer Support at 319.337.1270 or at in advance of the applicable test date.

20. Governing Law.

If you take the ����TVtest outside the United States, these Terms and Conditions and any and all Disputes between you and ����TVarising out of or relating in any way to these Terms and Conditions, whether sounding in contract, tort, or statute, shall be governed by the laws of the State of Iowa, without giving effect to conflict of law principles or other rules that would result in the application of the laws of a different jurisdiction and subject to the applicability of the FAA as stated in Section 14(h) above, as well as applicable United States federal law.

22. Waiver and Severability.

Any failure by either party to insist on strict performance of any of these Terms and Conditions shall not be deemed a waiver of its rights unless such waiver is in writing signed by the party against whom it is asserted. Any waiver of any right hereunder at any time shall not be deemed a waiver of any other right. Except as stated in Section 14(i) above, if any provision in these Terms and Conditions 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 ����TVas originally set forth in these Terms and Conditions.

24. No Third-Party Beneficiary.

These Terms and Conditions do not create a third-party beneficiary relationship between ����TVand any individual or entity other than you.