Legal Terms for Students

COLLEGE BOARD “RULES OF THE ROAD” FOR STUDENTS: LEGAL TERMS
Your ("you” or “your”) purchase, registration, and/or use (collectively, "use") of College Board ("we” or "us" or "College Board") products and services including, but not limited to, www.collegeboard.org and its subdomains and College Board assessments, programs, applications and mobile applications (collectively, “College Board Services”), are subject to the provisions below and the Service Specific Terms defined below (collectively, “Legal Terms"). If you use College Board Services on behalf of another person (for example, if you are a parent or legal guardian of a student registering for an assessment), these Legal Terms govern both you and the person on whose behalf you are acting. Your use of College Board Services including, without limitation, browsing our websites, constitutes acceptance of these Legal Terms. These Legal Terms are a legally binding contract between you and College Board so please review them carefully. These Legal Terms amend and replace the “Site Terms of Use.”

Note that the section below entitled DISAGREEMENTS BETWEEN YOU AND COLLEGE BOARD-ARBITRATION contains an arbitration clause and class action waiver. This means that all disputes between you and College Board will be exclusively resolved through binding individual arbitration. Both you and College Board give up rights to have those disputes decided by a judge or jury, and both you and College Board give up rights to participate in class actions, class arbitrations, or representative actions.
 

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YOUR GATEWAY TO COLLEGE BOARD SERVICES: YOUR ACCOUNT
Your College Board account is your personal gateway to College Board Services, including registering for assessments (SAT, CLEP and ACCUPLACER), looking up your test scores and sending them to higher education institutions, linking to your personal Khan Academy account, using BigFuture (college and career planning services), applying for financial aid, joining AP Classrooms and Pre-AP Classrooms, and signing up for Student Search Service (described below).

You are responsible for maintaining the confidentiality of your username and password and for restricting other people’s access to your College Board account. All activities that occur under your account or password are your responsibility. You may be held responsible for losses incurred by College Board due to someone else using your College Board ID, password, or account. You agree to promptly notify College Board in the event of any unauthorized use or compromise of your account.

You agree that all information you provide to College Board is true, accurate, and complete.
 

COLLEGE BOARD INTELLECTUAL PROPERTY (OUR STUFF)
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 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 applicable United States and international copyright laws. Our Content may not be distributed, downloaded, uploaded, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast, or circulated, or otherwise used, in part or in whole, 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.

All trademarks and logos included in or made available through College Board Services (“College Board Trademarks”) are owned by us or are used with permission by us from their respective owners. You may not use any College Board trademark, or any other trademark set forth in our Services without our express written consent.

All College Board Services, Our Content and College Board Trademarks are owned by College Board and its Licensors.

Some College Board Services include online or digital services (collectively, “Digital Services”). College Board grants you a limited, non-exclusive, revocable, and non-transferable license (permission) to access Digital Services to which College Board has granted 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 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.

• View a list of College Board’s trademarks.
• Review the guidelines for the use of College Board's trademarks.

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: Copyright Agent
250 Vesey Street
New York, NY 10281

By phone: 212-713-8000

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

DISAGREEMENTS BETWEEN YOU AND COLLEGE BOARD-ARBITRATION

This Section 12 applies to the extent allowable by law and to the extent not already provided for in Service Specific Terms.

If you think we’ve done something wrong, please let us know and hopefully we can resolve your issues. But if we can’t, then these rules will govern legal disputes between you and College Board involving College Board Services:

All disputes between you and College Board (each a “party”) that relate in any way to these Legal Terms or to College Board Services will exclusively be resolved in binding arbitration or small claims court. By agreeing to arbitration in accordance with this Section, you are waiving your right to have your dispute heard by a judge or jury except as set forth below. 

Either party can seek to have a claim resolved in small claims court if the rules of that court will allow it. Additionally, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or College Board may elect to have the claims heard in small claims court, rather than in arbitration, at any time before an arbitrator is appointed, by notifying the other party of that election in writing.  Any dispute about whether a claim qualifies for small claims court will be resolved by that court and not by an arbitrator.  In the event that either party elects to have their claims heard in small claims court, the arbitration proceeding will remain closed unless and until there is a decision by the small claims court that the claim should proceed in arbitration.

All claims that are not decided in small claims court must be resolved through binding, individual arbitration before a single arbitrator. The arbitration will be administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules, supplemented by the AAA Mass Arbitration Supplementary Rules as applicable, in effect at the time a request for arbitration is filed with the AAA. Copies of the AAA Consumer Arbitration Rules and the AAA Mass Arbitration Supplementary Rules are located at adr.org. The arbitrator will have the authority to resolve any dispute regarding the scope or enforceability of these Legal Terms, except only a court can decide claims that a party violated the intellectual property rights of the other party. In addition, only a court can decide issues relating to (a) the pre-arbitration requirements contained in these Legal Terms or (b) the interpretation of the prohibition of class and representative actions contained in these Legal Terms.

Before commencing a small claims court or arbitration proceeding, that party (the “complainant”) must provide the other party (the “respondent”) with a written notice of dispute that includes the complainant’s name and contact information, a detailed description of the dispute, relevant documents, the specific relief sought, and the complainant’s physical signature (signature by counsel to the party is not sufficient).  If you are the complainant, you must send the notice of dispute by first class mail, FedEx, or UPS to Legal Department, 250 Vesey Street, New York, NY 10281.  College Board will send its notice to your address as reflected in College Board’s records. 

Also, before the complainant may commence a small claims court or arbitration proceeding, the parties must attempt to resolve the dispute through informal, good-faith negotiation.  If the parties have not resolved the dispute within sixty (60) days of the respondent’s receipt of the written notice of dispute, the parties will mutually schedule a settlement conference which must occur within fourteen (14) days of the completion of the sixty (60) day period, unless otherwise mutually agreed by the parties.  Each party must personally appear at the settlement conference (if a party is represented by counsel, their counsel may also participate), and appearances may be made telephonically or by video.  If the parties are unable to resolve the dispute at the settlement conference, either party may commence arbitration or file a small claims court proceeding. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this informal dispute resolution process.  If any aspect of the requirements in this Section have not been met, a court can enjoin the filing or prosecution of an arbitration or the assessment of any arbitration fees.  In addition, unless prohibited by law, the AAA cannot accept or administer the arbitration, nor assess any fees for an arbitration that has not met the requirements of this Section.  If the arbitration already is pending, it must be dismissed.

If the dispute proceeds to arbitration, the complainant must personally attend all arbitration conferences, hearings, and mediations scheduled by the AAA or by an arbitrator or mediator appointed by the AAA.  If the complainant is represented by counsel, complainant’s counsel may also participate, and all participation may be made telephonically or by video except as directed by the arbitrator or mediator.   If a complainant fails to personally appear at any conference, hearing or mediation scheduled by the AAA or by a AAA arbitrator or mediator, regardless of whether the complainant’s counsel attends, the arbitrator will administratively close the arbitration proceeding without prejudice, unless the complainant shows good cause as to why the complainant was not able to attend the conference, hearing, or mediation.

This arbitration will be conducted as a documents-only arbitration (i.e., there will be no in-person or telephonic hearing) unless otherwise agreed by the parties or required by the arbitrator.  If the parties agree to or the arbitrator requires proceedings, such proceedings should be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the parties agree that the proceedings will be conducted via a video or telephonic call or, in the event that face-to-face proceedings are agreed to by the parties or required by the arbitrator, at a location that is reasonably convenient to both parties in accordance with the AAA Consumer Arbitration Rules. The arbitrator may consider rulings in arbitrations involving other individuals, but an arbitrator's rulings will not be binding in proceedings involving different individuals. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the AAA, and correspondence, orders, and awards issued by the arbitrator, will remain strictly confidential and will not be disclosed to any third party without the express written consent from the other party, unless disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings or related court proceedings.

For disputes meeting the definition of “Mass Arbitration” under the AAA Mass Arbitration Supplementary Rules, the parties agree that the dispute is subject to the AAA’s Mass Arbitration Supplementary Rules and the parties agree to the appointment of a Process Arbitrator, except as may otherwise be decided by the arbitrator or the AAA.

The parties agree that the Federal Arbitration Act ("FAA") 9 U.S.C. § 1 et seq. governs this Section, and it is the intent of the parties that the FAA will preempt all State laws to the fullest extent permitted by law.

No arbitration may be maintained as a class or collective action; a party may bring a claim only on their own behalf and cannot seek a relief that would affect other individuals. Unless all parties agree otherwise, the arbitrator will not have the authority to consolidate the claims of more than 1 individual, conduct any class or collective proceeding, make any class or collective award, or make an award to any person or entity not a party to the arbitration, without the express written consent of College Board.

Payment of all filing, administrative, and arbitrator fees and costs will be governed by the AAA's rules.  If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then College Board may seek applicable fee-shifting.
 

1. Limitation of College Board’s Liability
   EXCEPT TO THE EXTENT FINALLY DETERMINED TO BE PROHIBITED BY LAW, COLLEGE BOARD’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 OR RESULTING FROM OR IN ANY WAY RELATED TO COLLEGE BOARD, COLLEGE BOARD SERVICES INCLUDING, WITHOUT LIMITATION, ANY TEST ADMINISTRATION BY COLLEGE BOARD, FROM ANY CAUSE, SHALL NOT EXCEED THE REGISTRATION FEES YOU PAID FOR THE PARTICULAR COLLEGE BOARD SERVICES GIVING RISE TO THE DISPUTE OR $100.00, WHICHEVER IS GREATER. IN ADDITION, COLLEGE BOARD WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES.
    
2. Disclaimer of Warranties
   COLLEGE BOARD MAKES NO WARRANTIES REGARDING COLLEGE BOARD SERVICES INCLUDING WITHOUT LIMITATION (I) THAT A TESTING EXPERIENCE WILL BE UNINTERRUPTED OR ERROR FREE; (II) THAT USING BIGFUTURE (COLLEGE AND CAREER PLANNING SERVICES) OR FINANCIAL AID SERVICES WILL BE EFFECTIVE OR PROVIDE YOUR DESIRED RESULT OR (III) A WARRANTY RELATED TO COLLEGE BOARD SERVICES THAT USE THIRD PARTY DATA AND CONTENT.YOU ACCEPT COLLEGE BOARD SERVICES AS IS.