LAST UPDATED AS OF: May 2, 2020
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CHANGES TO THIS AGREEMENT
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DISCLAIMER OF WARRANTIES
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LIMITATIONS ON LIABILITY
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MODIFICATION/TERMINATION BY [SITE_NAME]
ACT Math Practice Test reserves the right, in its sole discretion, to modify, suspend, or terminate this ACT Math Practice Test Website and/or any portion thereof, including any ACT Math Practice Test Internet Service, and/or your account, password, or use of any ACT Math Practice Test Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a ACT Math Practice Test Internet Service removes your authorization to use the ACT Math Practice Test Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, ACT Math Practice Test shall not be liable to you or any third party for any termination of your access to a ACT Math Practice Test Internet Service.
SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS WEBSITE
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Accessing materials on this ACT Math Practice Test Website by certain persons in certain countries may not be lawful, and ACT Math Practice Test makes no representation that materials on this ACT Math Practice Test Website are appropriate or available for use in locations outside the United States. If you choose to access this ACT Math Practice Test Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this ACT Math Practice Test Website. No software or any other materials associated with this ACT Math Practice Test Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a ACT Math Practice Test Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
This ACT Math Practice Test Website may enable you to order and receive products, information and services from businesses that are not owned or operated by ACT Math Practice Test. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. ACT Math Practice Test does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. ACT Math Practice Test will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the ACT Math Practice Test Internet Service.
ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
ACT Math Practice Test may display advertisements for the goods and services of a third party on the ACT Math Practice Test Websites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. ACT Math Practice Test does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this ACT Math Practice Test Website.
You may be invited or asked to attend ACT Math Practice Test-sponsored events or events held by other members and users of this ACT Math Practice Test Website which are not in any way associated with ACT Math Practice Test at various locations throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold ACT Math Practice Test, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by ACT Math Practice Test in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by ACT Math Practice Test and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
INTERACTIVE SERVICES AND USER MATERIALS
This ACT Math Practice Test Website may offer certain ACT Math Practice Test Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “ACT Math Practice Test Interactive Services”). Additional Terms may cover ACT Math Practice Test Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available ACT Math Practice Test Internet Services may change from time to time in ACT Math Practice Test’s sole discretion. You may participate in the ACT Math Practice Test Interactive Service by completing the registration form where one is provided.
ACT Math Practice Test does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a ACT Math Practice Test Website by you or other users (collectively, “User Materials”). ACT Math Practice Test is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, ACT Math Practice Test reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. ACT Math Practice Test is not responsible or liable for damages of any kind arising from any User Materials even when ACT Math Practice Test is advised of the possibility of such damages, or from ACT Math Practice Test’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to this ACT Math Practice Test Website using your account. Any violation of these provisions can subject your ACT Math Practice Test account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by ACT Math Practice Test will not infringe or violate the rights of any third party in any manner.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with this ACT Math Practice Test Website and/or a ACT Math Practice Test Interactive Service, whether solicited or unsolicited, you are granting ACT Math Practice Test and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. ACT Math Practice Test also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this ACT Math Practice Test Website are not necessarily those of ACT Math Practice Test or its content providers, advertisers, sponsors, affiliated or related entities, and ACT Math Practice Test makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. ACT Math Practice Test does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and ACT Math Practice Test has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this ACT Math Practice Test Website is “public,” and in addition to the license granted to ACT Math Practice Test, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Material on this ACT Math Practice Test Website which violates these Terms, please contact us by submitting the form HERE. Please provide as much detail as possible, including a copy of the underlying material, the location where ACT Math Practice Test may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, ACT Math Practice Test will only remove User Materials if ACT Math Practice Test believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this ACT Math Practice Test Website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this ACT Math Practice Test Website, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that ACT Math Practice Test, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this ACT Math Practice Test Website and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and ACT Math Practice Test with respect to the use of this ACT Math Practice Test Website and shall not be modified except in writing, signed by an authorized representative of ACT Math Practice Test.
USE OF INTELLECTUAL PROPERTY
The ACT Math Practice Test Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, ACT Math Practice Test logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by ACT Math Practice Test or by other parties that have provided rights thereto to ACT Math Practice Test.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this ACT Math Practice Test Website, in whole or in part, without the express written permission of ACT Math Practice Test.
Other trademarks, service marks, product names and company names or logos appearing on this ACT Math Practice Test Website that are not owned by ACT Math Practice Test may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this ACT Math Practice Test Website, or frame this ACT Math Practice Test Website, or any web page or material herein, nor may any entity include a link to any aspect of this ACT Math Practice Test Website in an email for commercial purposes, without the express written permission of ACT Math Practice Test.
Further, unless otherwise expressly permitted, you agree not to link to ACT Math Practice Test’s Intellectual Property so as to cause you or anyone else to access ACT Math Practice Test’s Intellectual Property other than through this ACT Math Practice Test Website.
ACT Math Practice Test respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this ACT Math Practice Test Website, you are granting permission to have this material posted on this ACT Math Practice Test Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. ACT Math Practice Test reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights ACT Math Practice Test may have under law or contract.