Page 21 - ACT Resource Packet

ACT SERviCES AND PoLiCiES

The remedies listed in this Section 10 are the exclusive remedies available to examinees
for the circumstances described in this Section 10.

ACT shall not be required to conduct Individual Score Reviews for each impacted group
member or demonstrate the invalidity of specific scores in the circumstances described in this
Section 10. Decisions made by ACT pursuant to this section are final. If ACT offers a retest and
you select that option (or it is selected for you in State and District testing), you must retake
all four multiple-choice tests to produce a valid Composite score. If you took the writing test
on the original test date, you may also need to retake the writing test in addition to the four
multiple-choice tests to produce a valid English Language Arts score.

Section 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 ACT test, from any cause, shall not exceed the test registration
fees you paid to ACT, or $100, whichever is greater. To the extent permitted by applicable
law, in no event shall ACT be liable to you, or anyone claiming by or through you or on your
behalf, for any indirect, special, consequential, speculative, incidental, loss of opportunity
(regardless of whether or how these are classified as damages), exemplary, or punitive
damages, or for attorneys’ fees, expenses, expert witness fees, or costs, whether arising out of
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.

Esta información también se puede ver o descargar en español a
www.act.org/the-act/resources en Using Your ACT Results (Spanish) 2019–20.

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