Legal Notices

Terms of Service

Last Updated: January 16, 2026

These Terms of Service ("Terms") are a legal agreement between you and Anderson Consulting & Training, LLC, doing business as ACT Performance Solutions ("ACT," "Company," "we," "our," or "us"). These Terms govern your access to and use of actperformancesolutions.com, including all content, functionality, and services offered on or through the website (collectively, the "Website").

Please read these Terms carefully before using the Website.

By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Website.

1. Eligibility and Account Registration

Age Requirements

This Website is intended for individuals who are at least 18 years old. By accessing or using this Website, you confirm that you meet the minimum age requirement and have the legal capacity to enter into a binding agreement with ACT Performance Solutions. If you do not meet this requirement, please do not use this Website.

Account Security

Where the Website requires registration, you agree to:

• Provide accurate, current, and complete information during registration and keep it updated
• Maintain the confidentiality of your username, password, and any other security credentials
• Notify us immediately of any unauthorized access to or use of your account
• Log out at the end of each session

You are solely responsible for all activity that occurs under your account, including any misuse of your password or unauthorized access.

2. Acceptable Use of the Website

Your Responsibilities

You are responsible for:

• Ensuring that all persons who access the Website through your account or connection comply with these Terms
• Your use of the Website and for your computer, internet, and data security
• Complying with all applicable federal, state, local, and international laws when using the Website

Prohibited Activities

You may use the Website only for lawful purposes. You agree not to use the Website:

• In any way that violates any applicable law or regulation, including laws regarding the export of data or software
• To exploit, harm, or attempt to exploit or harm minors in any way
• To send, upload, download, use, or re-use any material that does not comply with the Submission Standards in Section 4
• To transmit any advertising, promotional material, junk mail, spam, chain letters, or similar solicitations
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or that may harm the Company, its users, or expose them to liability

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use
• Use any robot, spider, scraper, or other automatic device or process to access the Website for any purpose without our prior written consent
• Use any manual process to monitor or copy Website material for unauthorized purposes
• Use any device, software, or routine that interferes with the proper working of the Website
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which it is stored, or any connected server, computer, or database
• Attack the Website via a denial-of-service attack, distributed denial-of-service attack, or any other attack
• Otherwise attempt to interfere with the proper working of the Website

3. Intellectual Property Rights

Ownership

The Website and all of its contents, features, and functionality—including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement—are owned by ACT Performance Solutions, its licensors, or other providers of such material. All such content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License to Use

These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial use only, subject to your compliance with these Terms.

You may:

• Temporarily store copies of Website materials in RAM incidental to your access and viewing
• Store files automatically cached by your web browser for display enhancement
• Print or download one copy of a reasonable number of pages for your own personal, non-commercial use (not for further reproduction, publication, or distribution)
• Download a single copy of any application we provide to your computer or mobile device solely for your personal, non-commercial use, provided you agree to our End User License Agreement
• Use social media features we provide with certain content as enabled by those features

Restrictions

You must not:

• Modify copies of any materials from the Website
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials
• Access or use any part of the Website or any services or materials available through the Website for any commercial purpose
• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Website material except as expressly permitted above

If you breach these Terms, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of materials you have made. No right, title, or interest in or to the Website or any content is transferred to you. All rights not expressly granted are reserved by ACT Performance Solutions.

4. User Content

User Submissions

The Website may allow you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, ratings, reviews, suggestions, feedback, or personal information (collectively, "User Content").

You are solely responsible for your User Content and for ensuring it complies with these Terms and all applicable laws, rules, and regulations.

Submission Standards

All User Content must comply with these Submission Standards. User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, misleading, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person
• Violate the legal rights of others or contain any material that could give rise to civil or criminal liability under applicable law
• Be likely to deceive any person
• Promote any illegal activity or advocate, promote, or assist any unlawful act
• Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person
• Impersonate any person or misrepresent your identity or affiliation with any person or organization
• Involve commercial activities or sales without our written authorization
• Give the impression that the content emanates from or is endorsed by us or any other person or entity, if this is not the case

License to Your User Content

By submitting User Content to the Website, you:

• Grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and create derivative works of your User Content in any media format and through any media channel, for any purpose
• Represent and warrant that you own or control all rights in and to the User Content and have the right to grant the foregoing license
• Represent and warrant that all of your User Content complies with these Terms

5. Third-Party Links and Content

The Website may contain links or pointers to third-party websites or third-party content. We make no representations about any other websites or content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over third-party content or sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them.

6. Social Media Features

The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website
• Send emails or other communications with certain content, or links to certain content, on the Website
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites

You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time in our discretion.

7. Software and Mobile Application

By downloading our software or mobile application, you acknowledge and agree to our End User License Agreement (EULA). The terms of the EULA govern your use of the software and mobile application.

8. Purchases and Orders

All orders, purchases, or transactions for the sale of goods, digital products, services, or information made using this Website are subject to the following:

• You may not order or obtain products or services from this Website if you are prohibited from accessing or using the Website or any of its contents by applicable law, or are outside the geographic region where the products or services are available
• Your order is an offer to buy, under these Terms, all goods, digital products, services, or information listed in your order
• All orders must be accepted by us, or we will not be obligated to sell such items to you

All prices, discounts, and promotions posted on the Website are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling.

9. Payment Methods and Billing

We accept PayPal, Visa, Mastercard, American Express, Affirm, Klarna, AfterPay, and Stripe for purchases. You agree to:

• Provide current, complete, and accurate purchase and account information for all purchases made via the Website
• Promptly update account and payment information
• Pay all charges or fees at the prices then in effect for your purchases

10. Subscriptions and Cancellation

You can cancel your subscription at any time by logging into your account or contacting us. Your cancellation will take effect at the end of the current billing period.

Subscription purchases are non-refundable, have no monetary value, and are purchases of only a non-exclusive, revocable, non-assignable, and non-transferable right to use the subscription.

11. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION, OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION, OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12. Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your breach of these Terms, your use of the Website, your User Content, or your violation of any law or the rights of a third party.

14. Dispute Resolution and Arbitration

At the Company's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Virginia law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Copyright Infringement and DMCA Notice

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Website.

Send your DMCA Notice to our Designated Copyright Agent:

16. Privacy Policy

Your use of the Website and provision of personal information through the Website are governed by our Privacy Policy.

17. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

18. Governing Law and Jurisdiction

These Terms and your use of the Website will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and any applicable federal laws. Any action or proceeding arising out of or relating to the Website and/or under these Terms will be instituted in the state or federal courts located in Stafford County, Virginia.

If you are a citizen or usual resident of any European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

19. General Provisions

Severability: If any provision of these Terms is found to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and the Company regarding the Website.

Waiver: No failure to exercise any right or power under these Terms shall operate as a waiver of that right or power.

Assignment: You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.

20. Contact Us

If you have any questions about these Terms, please contact us at: