Terms and Conditions
Last Updated February 10, 2023
Please read carefully and agree to the following terms and conditions for use of ACT Complete. The following is the complete agreement between you and Outsmartable LLC for the use of ACT Complete application.
Links to Other Websites found within the ACT Complete application:
Links to other external web sites (for references in particular) are found within the ACT Complete application. Outsmartable LLC assumes no responsibility for the content, practices, or privacy of any of these external web sites.
Termination of Agreement
In the event that you (either an individual student or a school organization) are not satified with the service(s) offered by Outsmartable LLC, in particular with its application called ACT Complete, your sole remedy will be to discontinue use of the application. If you offer justifiable reason(s) for discontinuing the use of said services, a refund (complete or partial, depending on circumstances) will be provided to you. If a student or school organization enters into a contract with Outsmartable LLC and breaches the Terms and Conditions of this agreement, the sole remedy of Outsmartable LLC will be to discontinue the student’s or the school’s use of the ACT Complete application.
Limitation of Liability
The entire liability of Outsmartable LLC and its suppliers under any provision of this Terms and Conditions and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you (student or school organization) for the use of the ACT Complete application.
To the maximum extent permitted by applicable law, in no event shall Outsmartable LLC or any of its suppliers be liable for any incidental, indirect, or consequential damages whatsoever (including, but not limited to loss of time, loss of data, loss of profits, or loss of privacy resulting from use of or inability to use ACT Complete, or personal injury). If a particular state does not allow the exclusions of implied warranties or limitations of liability stated above, each party’s liability will be limited to the greatest extent permitted by law in that state.
Services
In order to enter into a contractual agreement with Outsmarable LLC for the use of its software, ACT Complete, you must be at least 13 years of age. If you are a student who is under the age of 13, you must have a guardian or parent enter into the contractual agreement for you. This requirement is in compliance with the Children’s Online Privacy Act. Outsmartable LLC requires that users of its software, ACT Complete, who are under 13 years of age must have the explicit consent and approval of their parent or guardian. If tutoring, either online or in-person tutoring, is offered for students who are under the age of 13 years, an adult over the age of 18 must supervise the tutoring interaction. In order to make a payment with the intent to purchase access to a product offered by Outsmartable LLC, a person must be 18 years of age or older.
Academic Honesty
Cheating will negate the accuracy of the feedback generated by the ACT Complete application. If you want to have accurate information about your readiness to take the ACT test, you should not permit acquaitances to have access to your account.
Obligations and Conduct
In order to enter into a contractual agreement with Outsmartable LLC to use its application called ACT Complete: you must be at least 13 years of age (a parent or guardian must enter into the contractual agreement for a minor); you must provide accurate information (financial and other); you must be careful not to disclose any personal information. You agree not to perform any actions or to present any content that may be deemed as racist, harassing, pornographic, defamatory, violent, or offensive while using the ACT Complete application or while interacting with personnel of Outsmartable LLC. You agree not to infringe on any intellectual property presented by Outsmartable LLC in its ACT Complete application. Outsmartable LLC reserves the right to remove any content presented by a student or school organization that is deemed by Outsmartable LLC to be objectionable. You further agree not transfer or sell access to ACT Compete to any third parties.
Content and Intellectual Property
Outsmartable LLC does not claim ownership to any content presented by a student or a school organization. You are granted permission to use ACT Complete for the purpose of preparing for the ACT test. You are not permitted to deep-link to the site. You further agree not to download, reproduce, disseminate, sell, modify, rent, mirror, broadcast, republish, or modify the content found in ACT Complete application in any way, for any purpose. All content in the ACT Complete software application, including its graphics, logos, icons, text, tests, course materials, software, videos, as well as the overall look and feel of its website are proprietary to and copyrighted by Outsmartable LLC and are protected by applicable intellectual property laws. We Trademark all marks, names, and content.
Warranty Disclaimer
The use of ACT Complete is at your own decision and at your own sole risk. The ACT Complete application is offered for service as is, with any faults that may be included. Outsmartable LLC does not ensure that the ACT Complete application is completely error-free. While all efforts have been made to ensure the accuracy of the material included in the application, there may be occasional errors in need of correction.
Changes to These Terms
Outsmartable LLC hereby reserve the right, with at least a 30-day notice in advance of such change, to modify these Terms and Conditions.