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Legal Terms for Educators and Institutions

  1. COLLEGE BOARD “RULES OF THE ROAD” FOR EDUCATORS AND INSTITUTIONS
    These legal terms (“Terms”) govern the use of products and services (collectively, “College Board Educator Services”) that College Board (“we”, “us” or “College Board”) makes available to authorized users of colleges, K-12 schools, school districts, state education agencies, scholarship organizations and certain other education institutions and agencies (collectively, “Institutions”). Authorized users are educators, teachers, testing staff for school day test administrations,  and others who use College Board Educator Services on behalf of and with the authorization of their respective Institutions (collectively, “Education Professionals” or “Educators”). Education Professionals also include employees and agents of service providers to Institutions who access College Board Educator Services at the direction of and for the sole purpose of providing services to Institutions. Education Professionals and Institutions will be collectively referred to in these Terms as “you” or “your” or “their”. College Board Educator Services are made available to Education Professionals solely in their capacity as authorized representatives of their respective Institutions and are not for their personal use. By using College Board Educator Services, you represent that you have been authorized by your current Institution to use College Board Educator Services (including access to student data, where applicable) and you agree that these Terms govern both you and your Institution unless otherwise prohibited by applicable law. If your Institution has a separate contract with us governing the use of one or more College Board Professional Educator Services (a “Negotiated Agreement”), the Negotiated Agreement will control in the event of any inconsistency with these Terms. These Terms amend and replace the “Site Terms of Use.” These Terms also govern testing staff for SAT weekend test administrations  (“Weekend Testing Staff”). Weekend Testing Staff are included in the definition of “you” or “your” or “their”.
     

  2. ADDITIONAL TERMS: SERVICE SPECIFIC TERMS
    Your use of certain College Board Educator Services may require you to agree to additional terms, conditions, and policies (collectively, “Service Specific Terms") which you will be asked to review and agree to when you register for, or participate in, such services.These Terms include and incorporate the Service Specific Terms to which you agree. College Board Educator Services that require your agreement to Service Specific Terms include, but are not limited to, AP Classroom, Assessment Reporting for K-12 Educators and Higher Ed Educators, Student Search Service and PowerFAIDS. If one or more of the Service Specific Terms are inconsistent with these Terms, the provisions of the Service Specific Terms will control.
     

  3. PROFESSIONAL ACCOUNTS
    To access College Board Educator Services, you must create a professional account, which is subject to these Terms. Access credentials (such as username and password) to professional accounts must be kept confidential and may not be shared with anyone else. If you are no longer authorized by your Institution to use College Board Educator Services and/or if you cease to be employed by the Institution you identified when creating your professional account, and/or you cease to be Weekend Testing Staff (and you are not currently using other College Board Educator Services),  you must immediately discontinue use of your professional account and/or notify your Institution so that they may disable your access to College Board Educator Services. You must promptly notify College Board in the event of any unauthorized use or compromise of your account.

    Via your professional account, you may be able to share or delegate access to certain College Board Educator Services to other Education Professionals (“delegate access”). For example, you may be able to delegate access to other Education Professionals to view student data of your Institution and/or to allow other Education Professionals to financially bind your Institution. However, you may only delegate access if you have been so authorized by your Institution, and you may only delegate access to Education Professionals who are duly authorized by your Institution. If an Education Professional to whom you delegated access is no longer authorized for such access, or is no longer employed by the Institution, you must promptly notify College Board.
     

  4. PROHIBITED USES
    You may use College Board Educator Services only for their intended uses and in compliance with all applicable laws. You may not: (i) impair or attempt to impair the performance, availability or accessibility of College Board Educator Services, (ii) harm, reverse engineer or gain unauthorized access to user accounts or the technology and equipment supporting College Board Educator Services, (iii) act unlawfully, illegally, fraudulently or harmfully with respect to College Board Educator Services, (iv) enter or supply incomplete, false, or misleading information, impersonate another person or misrepresent your affiliation with an Institution, or (v) reproduce, duplicate, copy, sell, resell, use or exploit College Board Educator Services for any commercial purpose or any other purpose outside of its intended use.
     

  5. YOUR PRIVACY
    Our privacy policies are located at https://privacy.collegeboard.org/ (collectively, “Privacy Policies”) and are part of these Terms. By using College Board Educator Services, you agree that we can process your information in the ways described in our Privacy Policies.
     

  6. COLLEGE BOARD INTELLECTUAL PROPERTY
    All text, audio and video recordings, images, video, animations, content, materials, data, and other information included in, or made available to you through College Board Educator Services (collectively, "Our Content") is the property of College Board and/or third parties from whom College Board licensed it (“Licensors”) and is protected by United States and international copyright laws. Our Content may not be distributed, downloaded, uploaded, modified, reused, performed, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast, or circulated, or otherwise used in any way whatsoever without our express written permission. You may not attempt to decompile, reverse engineer, scrape or data-mine College Board Services or Content.

    For permission to use Our Content, please complete the Permission Request Form.

    All trademarks and logos included in or made available through College Board Educator Services ("College Board Trademarks") are owned by us or are used with permission by us from their respective owners. No use of any College Board trademark, or any other trademark set forth in College Board Educator Services, is permitted without our express written consent.

    All College Board Educator Services, Content and College Board Trademarks are owned by College Board and its Licensors. You may not attempt to decompile, reverse engineer, scrape, or data-mine College Board Educator Services.

    Some College Board Educator Services include online or digital services (collectively, "Digital Services"). College Board grants you a limited, non-exclusive, revocable, and non-transferable license to access Digital Services to which College Board has given you access. You are responsible for meeting and maintaining the minimum technical requirements to use Digital Services, such as with respect to devices, operating systems, and browser versions. Access to Digital Services may require internet access for which College Board is not responsible. College Board Educator Services may also be made available to you via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device.
     

  7. CONTENT YOU PROVIDE
    Some College Board Educator Services allow you to provide information and content for use in the College Board Educator Service. The information and content you provide ("Institution Content") is used to provide the College Board Educator Services, for internal and external research, and may also be licensed for use in college costs, savings, and financial aid calculators and other tools. You warrant that the Institution Content is true and accurate, does not include third party materials, and does not contain material that violates applicable laws, third party rights, or common decency standards. You grant College Board a limited perpetual, worldwide, royalty-free license to use Institutional Content for the purposes described above.
     

  8. THIRD-PARTY CONTENT
    College Board Educator Services may provide links to other websites for informational purposes only. We are not responsible for the content or operation of other websites, and links from College Board Educator Services to other websites are not intended to imply endorsement of them by us.
     

  9. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
    If you are a copyright owner or their agent and believe that content on collegeboard.org or any of its subdomains, or on any College Board web application or mobile app, infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c) (3)), to our Copyright Agent listed below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Our Copyright Agent can be reached as follows:

    *By email: [email protected]

    By mail: College Board
    Attn: Legal - Copyright Agent
    250 Vesey Street
    New York, NY 10281

    By phone: 212-713-8000

    *Please note this mailbox is only monitored for DMCA notices.
     

  10. GOVERNING LAW, VENUE AND WAIVER OF JURY TRIAL
    These Terms shall be governed by the laws of the state of New York without regard to choice or conflict of law principles. All disputes arising from or related to these Terms shall be resolved exclusively in the state and federal courts located in New York County, New York State and you and College Board irrevocably consent to the jurisdiction of such courts. You and College Board expressly waive any right to a jury trial in any lawsuit arising from or related to this Agreement.
     

  11. NO WARRANTIES/LIMITATION OF LIABILITY
    COLLEGE BOARD MAKES NO WARRANTIES REGARDING COLLEGE BOARD EDUCATOR SERVICES INCLUDING WITHOUT LIMITATION A WARRANTY THAT A TESTING EXPERIENCE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACCEPT COLLEGE BOARD EDUCATOR SERVICES AS IS.

    COLLEGE BOARD WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.
     

  12. SPECIAL CONDITIONS FOR INTERNATIONAL USE AND EXPORTS
    You may not use, export or re-export any Content or any copy or adaptation of such Content, or any College Board Educator Services, in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.
     

  13. CHANGES AND SEVERABILITY
    College Board reserves the right to make changes to these Terms at any time. You are responsible for reviewing and becoming familiar with any changes to these Terms. Your use of College Board Services following such changes constitutes your acceptance of the updated Terms. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected and, to the extent possible, the void, invalid, unenforceable, or illegal provision shall be modified so that it is valid, enforceable, and legal, and to the fullest extent, reflects the intention of the parties.
     

  14. FORCE MAJEURE
    College Board shall not be held liable for any delay or failure in performance of any part of College Board Educator Services by reason of any cause beyond our reasonable control, whether specifically listed below or not, and including without limitation, acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, pandemics, public health emergencies, war, terrorist acts, riots, fires, explosions, earthquakes, nuclear accidents, floods, hurricanes, tornadoes, major storms, extreme weather events, public unrest, strikes, power or telecommunications outages, ransomware or hacker attacks, website outages or other incidents affecting our facilities, or acts or omissions of our vendors, suppliers, or common carriers.
     

  15. SURVIVAL
    Your obligations under these Terms, which by their nature would continue beyond the termination of College Board Educator Services, will remain in effect even after your access to the College Board Educator Services is terminated, or your use of College Board Educator Services ends.