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PSAT 8/9 Testing Rules

Revised: July 1, 2024

IMPORTANT: These Testing Rules apply to the upcoming PSAT 8/9 only. If you took the PSAT 8/9 during the last administrative year, find the Testing Rules that apply to you.

Introduction

These Testing Rules ("Testing Rules," "Terms and Conditions," or "Agreement") are a legal contract between you and College Board ("College Board" or "we").

They set forth important rules and policies you must follow related to taking the PSAT™ 8/9. Please read these carefully.

WARNING. If you don't follow this Agreement, you may be dismissed or prevented from taking the test. You also may be prevented from taking future College Board tests, including the SAT®. College Board may also decide not to score your test or to cancel your score. College Board can take these steps in its sole discretion.

All disputes between you and College Board must be resolved in accordance with Section 9 of this Agreement. You understand that by agreeing to arbitration, you are waiving your right to resolve disputes in a court of law by a judge or jury except as otherwise set forth in this Agreement.

Contents:

Section 1. Requirements for the PSAT 8/9

The PSAT 8/9 is taken at a school (typically a school you attend) ("your school") on a Testing Device as defined below. It is administered on Bluebook™, the College Board digital testing application that is downloaded to your Testing Device.

Step 1: Testing Device. You will need an eligible fully charged testing device ("Testing Device") that can connect to the internet to take the test. Testing Devices are one of the following: Windows laptop or tablet, Mac laptop, iPad, or compatible desktop computer in a school computer lab. You can also use a Chromebook if it is a School-Managed Testing Device as defined below. You cannot take the PSAT 8/9 on a mobile phone. The Testing Device must have sufficient charge to last the duration of the test and setup.

Your Testing Device can come from one of the following sources:

  • School-Managed Testing Device: A device your school provides to you for your use in testing that your school has administrative rights over.
  • Personal Testing Device: A device you bring for your use in testing that is not provided by your school. If you bring a Personal Testing Device, you must make sure that it is allowed by your school. You are responsible for making sure your Testing Device is running on the latest operating system software, and if it isn’t, you must update it prior to testing. Schools reserve the right to deny use of outside devices on their school networks. Students may be asked to use a School-Managed Testing Device in these instances.
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Step 2. Bluebook Installation. Bluebook must be downloaded onto your Testing Device. If your Testing Device is a School-Managed Testing Device, your school administrator will likely download Bluebook to your Testing Device, but it is your responsibility to confirm that Bluebook has been installed. If you are using a Personal Testing Device, you will need to download Bluebook yourself from the College Board website located at bluebook.app.collegeboard.org prior to testing.

Step 3. Exam Setup. You must complete exam setup (usually part of the digital readiness check at your school) to help ensure that your Testing Device can connect to the school internet and that you are able to test. Your school will need to provide you with sign-in credentials for you to complete the exam setup prior to testing. Your school may provide you with additional directions on preparing your Testing Device for testing, and you must follow such directions. You must sign in to Bluebook using your College Board online account username and password, sign the "Privacy Policy and Use of This App" rules, and complete exam setup before the test.

Step 4. Test Day.

  • On test day, your school will direct you to your testing room.
  • You will connect to your school's internet.
  • Your proctor will provide you with your sign-in credentials to input into Bluebook.  
  • You will follow the instructions provided to you by Bluebook and your proctor to complete check-in.
  • You must bring the following required items.
    • Acceptable photo ID if you are an Away Student (defined below) or testing at a school you don’t regularly attend. (SAT Suite ID requirements are on the College Board website located at sat.org/id-requirements.)
    • Fully charged Testing Device with Bluebook already installed.
    • Acceptable Calculator as described on the College Board website located at satsuite.collegeboard.org/psat-8-9/taking-the-test/what-to-bring-leave/calculator-policy if you choose not to use the built-in Desmos calculator in Bluebook.
    • Pen or pencil for scratch work (does not have to be a No. 2 pencil).

You may also bring the following items on test day (as listed on the College Board website at satsuite.collegeboard.org/psat-8-9/taking-the-test/what-to-bring-leave/what-to-bring), unless your school prohibits these items:

  • A power cord and/or a portable charger. (We can’t guarantee you’ll have access to an outlet during testing.)
  • An external mouse and mouse pad if you use one.
  • An external keyboard if you use one. (You can use external keyboards only with a tablet—not a laptop.)

Step 5. Taking the Test.

  • Internet Connection: Bluebook is designed to work with an intermittent connection to the internet. An internet connection is required to start the test and to submit answers at the end of the test. You will receive instructions from your proctor on test day if there is an outage.
  • Modules: Each section of the PSAT 8/9 is made up of 2 modules. Once you move on from a module, you cannot return to access any questions from it.
  • Online Calculator: There is a graphing calculator built into Bluebook for your use on the Math section, but you may also bring an Acceptable Calculator as described on the College Board website located at satsuite.collegeboard.org/psat-8-9/taking-the-test/what-to-bring-leave/calculator-policy. No other calculators are permitted.
  • Managing Your Time: Bluebook has a timer that will count down the minutes and seconds remaining in each module. You can hide the timer, but once there are 5 minutes remaining, the timer will become visible until time is up. When time expires, your work will be automatically saved and submitted if you are connected to the internet. You will not be able to keep working on a module after time expires. You are required to stay for the full duration of the test. You cannot end a module early or submit your answers before the timer runs out. 
  • No Other Open Programs or Applications: Prior to testing, you must close all other applications or programs on your Testing Device. You cannot work in any other program or application while the test is running, and you cannot paste work into Bluebook from another program or application. You cannot have any open apps on your Testing Device at any point during testing. Attempting to do so may result in score cancellation. The only exception is your use of approved assistive technology where you have been approved for testing accommodations by College Board.
  • Answer Submission in Bluebook: You must enter your answers in Bluebook. You will not submit any handwritten work, files, or photos. You must not close your Testing Device lid or cover the Testing Device screen until your answers are submitted. Closing the Testing Device lid or covering the Testing Device screen before this point may prevent answers from being submitted and cause your test to be incomplete. Answer submission happens automatically if your Testing Device is connected to the internet when the PSAT 8/9 ends. If your answers were successfully submitted, you will see a confirmation screen indicating so. However, if your Testing Device is not connected to the internet when the PSAT 8/9 ends and your answer submission fails, you’ll have until 11:59 p.m. local time the next day to reconnect to the internet and submit your answers. Except as otherwise specified in these Testing Rules, College Board will score all PSAT 8/9 exams that have been started, even if a submission is incomplete or a submission error occurs.
  • Answer Submission in a Paper Test Book for Those with College Board–Approved Accommodation: Students approved by College Board for an accommodation to test with a paper test book, outside of Bluebook, will record their answers in the test book by circling their final answer choice. Circle only 1 answer for each question. Multiple circled answers to 1 question will be counted as an incorrect answer. Most questions are multiple choice, but some questions are student-produced responses. Directions for filling in your answers to these questions are in your test book. You’ll write your answer next to or under the test question and circle it clearly. You won’t receive credit for anything written outside of the circle. Be sure to follow all instructions to prevent any scoring delays or issues. A member of the testing staff will transcribe your answers into Bluebook.

Section 2. Prohibited Items

You may not bring prohibited items to the PSAT 8/9. Prohibited items include:

  • Electronic equipment including phones, smartwatches, fitness trackers, wearable technology, cameras, recording or listening devices, or any other type of electronic or communication device except for your Testing Device used for the PSAT 8/9 and, if applicable, any assistive technology that you have been approved to use for testing as an accommodation by College Board. If not being collected, all prohibited electronic equipment must be powered off and stored away from student access during testing.
  • All stylus pens, Apple pens, smart pens, iPad pencils, and other electronic writing instruments.
  • Books, reference guides, notes, compasses, protractors, dictionaries, highlighters, or colored pencils.
  • Papers of any kind, except for scratch paper provided by proctors and collected at the end of the test.
  • Watches that beep, make a noise, or have an alarm.
  • Calculators that are not acceptable.
  • Detachable privacy screens for a Testing Device.
  • Reference guides, keyboard maps, or other typing instructions.
  • Brimmed caps, which can be worn into the testing room, but must be removed and stored under your desk during testing.
  • Ear plugs.
  • Headphones.
  • Weapons or firearms.

If you do not bring the required items, or if you bring prohibited items, you may be denied admission to or be dismissed from the test site; in addition, we may decline to score your test, or cancel your score.

NOTE: Some exceptions to the above may apply if a test taker has received a College Board–approved accommodation.

Section 3. Prohibited Behaviors

You may not engage in the prohibited behaviors set forth below:

  • Attempt to cheat or otherwise obtain an unfair advantage on the PSAT 8/9.
  • Remove or attempt to remove any test questions, responses, notes, or scratch paper from the testing area, including through memorization; give them to anyone else; or discuss them with anyone else through any means, including, but not limited to, email, text messages, or the internet.
  • At any time, improperly access the test area, the test (or any part of the test), an answer key, or any information about the test.
  • Engage in any way in (i) theft or attempted theft of test content including through intrusion into Bluebook; (ii) postexam manipulation of test content, responses, or test administration data; (iii) attempting to adversely impact or adversely impacting College Board or your school network or Bluebook through any means including cybersecurity.
  • Attempt to give or receive assistance, including by copying or by using an answer key.
  • Discuss, record, copy, or share information about the test including questions, answers, identifying information about the version or form of a test, or any other information that might compromise the security of the test at any time (including before the test, during the test, during breaks, or after the test).
  • Communicate with other test takers or other individuals in any form while testing is in session.
  • Allow anyone to see your test questions or answers or attempt to see or copy others’ test questions or answers.
  • Consult notes, other people, electronic devices, textbooks, websites, or any other resources during the test or during breaks.
  • Have subject-related information on your clothing, shoes, or body.
  • Wear a hooded shirt or jacket with the hood up. Hooded shirts or jackets are permitted if you leave the hood down during testing.
  • Use or access any prohibited items including devices or aids such as, but not limited to, mobile phones, smartwatches, fitness trackers, other oral or written communication devices or wearable technology, cameras, notes, or reference books, etc., during or in connection with the test, including during breaks.
  • Have any applications running on your Testing Device other than Bluebook or approved assistive technology or visit any other digital resource(s) or website(s) during the test.
  • Fail to turn in or store away a mobile phone in accordance with the school’s collection process.
  • Share a calculator with another person.
  • Use a calculator on any test section other than the Math section.
  • Use a prohibited calculator.
  • Leave the testing room permanently prior to the conclusion of all sections of the test. Students may test only in their assigned testing room. Testing outside of their testing room may result in score cancellation.
  • Go to a locker or leave the designated testing area at any time during the test administration, including during breaks.
  • Deliberately attempt to and/or take the test for someone else or attempt to have someone else impersonate you to take the test.
  • Provide false information to College Board.
  • Disturb others during the test.
  • Consume food or drink in unauthorized areas or times.
  • Exhibit or engage in confrontational, threatening, or unruly behavior, conduct, or communication toward or concerning others including, without limitation, any test taker, test administrator, proctor, employee of College Board, or College Board contractor.
  • Allow an alarm or a personal item to sound in the testing room.
  • Fail to follow any of the test administration rules set forth in these Terms and Conditions or directions given by the testing staff.
  • Utilize or attempt to utilize any artificial intelligence ("AI") tools, including, without limitation, AI writing solutions such as Generative Pre-trained Transformer ("GPT") 3 and 4 and subsequent versions or developments.
  • Deliberately sabotage, damage, or attempt to remove the Testing Device from the testing room or test site during the administration of the test.

Section 4. Score Cancellation and Disciplinary Measures

  1. Score Cancellation and Disciplinary Measures. In the event that College Board determines that your scores are invalid under Section 4(b) below, or you have engaged in Misconduct under Section 4(c) below, we may, in our sole discretion, take 1 or more of the following measures ("Measures"): Deny you entry to a test administration, dismiss you from the test, decline to score your test, cancel your scores, ban you from taking future College Board assessments (including without limitation the SAT, Advanced Placement® (AP®) and CLEP® Exams), and/or share information with others as set forth in Section 4(f) below.
    CAUTION! THE CONSEQUENCES OF CHEATING ON THE PSAT 8/9 ARE SEVERE.
  2. Invalid Scores. We may cancel your scores and/or take any of the other Measures described above, if after following the procedures set forth in this section, we determine, in our sole discretion, that there is substantial evidence that your scores are invalid ("Invalid Scores"). Examples of evidence of Invalid Scores include, without limitation, unusual answer patterns, attempts to access other applications or websites during testing, failure to close all other applications or programs during testing, or other evidence that indicates these Terms and Conditions have been violated. Before canceling your scores under this Invalid Scores section, we will notify you in writing (via email if an email address is provided by you in Bluebook for this test) or through your school and offer you 3 options: Voluntary score cancellation, a retest (if during the testing window and available at the test site), or an opportunity to submit additional information and request a further review by a College Board panel. If you opt for a further review by a College Board panel, and it confirms, in its sole discretion, that your scores are invalid, we will offer you 3 options: Voluntary score cancellation, a retest (if during the testing window and available at the test site), or binding arbitration (or small claims court) as described below. If the retest option is available at your test site and you choose to pursue the retest option, you may not review scores from the administration under review—such scores will be canceled. The process described above in this Section 4(b) is referred to as the "Score Validity Process." Additional information about security measures and consequences of violating security policies is set forth on the College Board website located at satsuite.collegeboard.org/sat/test-security-fairness. The binding arbitration (or small claims court) option is available only for tests administered in the United States and U.S. territories.
  3. Misconduct. Notwithstanding Section 4(b) above, if we determine, in our sole discretion, that there is overwhelming evidence that you violated these Terms and Conditions ("Misconduct"), the Score Validity Process will not apply, and we may cancel your scores and/or take any of the Measures described above. Examples of Misconduct might include overwhelming evidence that you used or attempted to use an answer key, mobile phone, the internet, or an application other than Bluebook; remove test content; adversely impact (e.g., take down, disrupt, or deface) the College Board server or Bluebook through a cyberattack or other malicious activity; reverse engineer test specifications and content; or engage in postexam manipulation of test content, answer keys, or telemetry data. Misconduct may be established in various ways including, without limitation, through observations during an administration or by evidence discovered afterward.
  4. Testing Irregularities. We may cancel your scores if we determine, in our sole discretion, that any testing irregularity occurred (collectively "Testing Irregularities"). Examples of Testing Irregularities include, without limitation, problems, irregular circumstances, or events associated with the administration of a test that may affect 1 test taker or groups of test takers. Such problems include, without limitation, administrative errors (e.g., improper seating, improper admission to a test site, providing accommodations not approved by College Board), defective materials, defective equipment, technical issues (e.g., Bluebook malfunction, Testing Device hardware issues, internet outage), evidence of possible preknowledge of secure test content, and disruptions of test administrations caused by events such as internet disruptions, natural disasters, weather events, epidemics or pandemics, wars, riots, civil disturbances, or other emergencies. When Testing Irregularities occur, we may cancel an entire administration or individual registrations, decline to score all or part of the test, or cancel scores. We may do this regardless of whether or not you caused the Testing Irregularities, benefited from them, or violated these Terms and Conditions. We may, in our sole discretion, give you the opportunity to take the test again within a reasonable time frame, and without charge. This is the sole remedy that may be available to you as a result of Testing Irregularities.
  5. Test Taker Reporting Violations or Suspicious Behavior. You may confidentially report any suspected violation of the PSAT 8/9 Terms and Conditions, or any suspicion concerning the security of a PSAT 8/9 test administration, by immediately reporting this information to College Board online at forms.collegeboard.org/reportcheating or by emailing us at [email protected].
  6. College Board Sharing Information with Third Parties. We may share the results of test security investigations (including without limitation those relating to Misconduct and Invalid Scores described above, and other disciplinary-related information), with third parties, including with your school, any score recipient, college, higher education institution or agency, scholarship organization, potential score recipient, government agency in the United States or abroad, parents, legal guardians, or law enforcement. College Board may also share such information with third parties that have a legitimate reason for knowing the information or who may be able to assist College Board in its investigation or who may be conducting their own investigation. College Board may respond to inquiries from any institution to which you submitted a score. If you publicize any review, investigation, or decision of College Board, College Board may make any and all details of such matter public.

Section 5. Privacy

  1. Privacy Policies. College Board recognizes the importance of protecting your privacy. Our privacy policies located at collegeboard.org/privacy-center ("Privacy Policies"), and also available to you under Help on the Bluebook homepage, are part of these Terms and Conditions. You consent to the collection, use, and disclosure by College Board of your information, including personally identifiable information, described in the Privacy Policies and in these Testing Rules. College Board may update its Privacy Policies from time to time, and they are subject to change up to 1 week prior to your test date and any subsequent test dates. You are required to review the Privacy Policies located on the College Board website at collegeboard.org/privacy-center prior to each test administration.
  2. Testing Device and Activity Data.
    Testing Device Data: When you download and use Bluebook, College Board will receive certain information about your Testing Device, including device type, operating system type and version, applications and processes running on your Testing Device, Internet Protocol (IP) address, screen size and resolution, number of screens, available memory, storage and disk bytes, disk mount, type and size, battery level, and other device-specific information for the purposes described below.
    Activity Data: We also capture and monitor the actions you take in Bluebook, including your responses, where you click, where you put your mouse on the page, how long you spend on each page, ctrl/alt/delete attempts, and how you navigate through Bluebook.
    Testing Device Data and Activity Data: Testing Device Data and Activity Data (collectively, "Data") may be used by College Board to make sure your Testing Device is compatible with Bluebook, for test security purposes, for test validation and research, and to develop and improve College Board products and services. Data may be disclosed to trusted vendors, but only in their provision of services to College Board, and we may disclose aggregated and de-identified Data. Data is not sold or licensed to third parties, including without limitation for their marketing purposes or other commercial purposes. We may share Data with your school, district or state education department related to the PSAT 8/9 you take on Bluebook, including any misuse of Bluebook. You will also be asked to type specific sentences in Bluebook. Neither Data nor those typed sentences are used for biometric identification.
  3. Educational Reporting. We send your scores, data derived from your scores, and other information you provide during testing to your school and district. In addition, your scores may be sent to your state for educational, diagnostic, and/or reporting purposes. (Students who test away from the school they regularly attend will have their scores shared with the school they regularly attend and their scores will not be shared with the school at which they tested. Homeschooled students’ scores won’t be shared with the school that administers the test.)

Section 6. Miscellaneous

  1. Retest. If you encounter test day issues that invalidate your test including without limitation Testing Irregularities (defined above), or otherwise keep you from completing your test, you may work with your school to schedule up to 2 retests if necessary. Testing cannot be offered outside of the testing window. Not all issues will be retest-eligible.
  2. Guidance Purpose Only. Some scores may be reported as Guidance Purpose Only if we cannot confirm a full set of responses. These scores are reported to the student and used by schools, districts, and states for educational guidance purposes.
  3. Score Cancellation. Students that do not want their scores reported may request a cancellation by asking staff to submit a student-requested cancellation form in Test Day Toolkit. Cancellation requests must be submitted within 10 days of the test day. In some instances, scores may still be shared with schools, states, or districts.
  4. Away Students. If you are testing at a school that you do not regularly attend (an "Away Student") and will be bringing a Testing Device that is managed by the school you regularly attend, you must contact the school you attend to ensure that the Exam App is downloaded to the Testing Device prior to testing. College Board will provide public deadlines and guidelines for Away Students to participate in the PSAT 8/9. Schools have the discretion as to whether to allow Away Students to test at their school.
  5. Testing Devices
    • Your Testing Device must be fully charged and be able to last for the duration of the test and setup. If your Testing Device does not have sufficient battery life, you may wish to bring a charging cable or portable charger. We cannot guarantee that you will have access to an outlet.
    • Schools may have policies regarding whether the use of Personal Testing Devices is allowed on their campuses. If Personal Testing Devices are not allowed and students must test using School-Managed Testing Devices, then schools are not required to provide a school-issued Testing Device to Away Students.
  6. To ensure the integrity of the PSAT 8/9, for security reasons, or for other reasons in our sole discretion, College Board reserves the right to bar any individual or group of individuals from registering for and/or taking any College Board assessment.
  7. If College Board becomes aware that you or someone else may be in imminent danger, we reserve the right to contact the appropriate individuals or agencies, including your parents, guardians, high school, or law enforcement agencies. We may also provide the relevant content, along with any personal information, to those contacted.
  8. College Board or its designee may use methods to capture images, video, or audio at any or all test sites to help ensure test security. The resulting images or recordings, which may permit College Board to identify specific individuals, may be collected, stored, reviewed, and used for the purposes of (i) identifying, collecting evidence of, and/or investigating possible PSAT 8/9 test security incidents; and (ii) enhancing PSAT 8/9 test security. These images and/or recordings are maintained following the test administration for as long as reasonably necessary for the purposes specified. Thereafter, the images and recordings are securely destroyed. College Board will not use or disclose such information except as described earlier in this section, as requested by law enforcement, and/or as reasonably necessary to protect the rights and property of College Board or third parties.
  9. College Board takes steps to ensure that registration records are properly processed, that answers are properly processed, and tests are properly scored. In the unlikely event of a problem with shipping or processing any test materials, including without limitation, answers, answer submission, score reports, or with scoring the test, or score reporting, College Board will correct the error, if possible. Retesting may be your sole remedy in relation to such issues. College Board has sole discretion in determining whether to score lost or corrupted answers that are eventually recovered.
  10. You must follow the local policies of your school. All personal property brought into the test site, such as purses, bags, backpacks, mobile phones, calculators, and other electronic devices, may be subject to search at the discretion of College Board and testing staff. Searches may include the use of tools or other methods that detect prohibited devices and/or their use. College Board and testing staff may confiscate and retain for a reasonable period of time any personal property suspected of having been used, or capable of being used, in violation of our test security and fairness policies, for further investigation.
  11. College Board and your school will not be responsible for personal property, including prohibited items, brought to the test site on test day that becomes lost, stolen, or damaged.
  12. You should only take the PSAT 8/9 1 time during the testing window. In the event of a Testing Irregularity as described above, you are permitted up to 2 retests.
  13. Your school has sole discretion on when the test will be administered during the testing window and has the right to modify the test date in its sole discretion.
  14. College Board is not responsible for your failure to follow directions, steps, and instructions relating to taking the PSAT 8/9. You may be prevented from testing, in the sole discretion of College Board, for such failure.
  15. If you submit a report for what you consider to be an error or an ambiguity in a test question, you understand that College Board may need to hold your PSAT 8/9 score for investigation. As a result, your score may not be available by the published release date for your administration.

Section 7. Policies and Requirements

  1. All College Board policies and requirements referenced in these Testing Rules, as well as those located on the College Board website at satsuite.collegeboard.org/psat-8-9, and linked information therein, are part of these Testing Rules.
  2. College Board may update its policies and requirements from time to time, including without limitation Testing Device requirements, and they are subject to change up to 1 week prior to your test date. You are required to review these prior to each test administration.

Section 8. Intellectual Property Rights

  1. All College Board tests, including the PSAT 8/9, test-related documents and materials, and test preparation materials ("Test Content") are copyrighted works owned by College Board and protected by the laws of the United States and other countries.
  2. All software, webpages, algorithms, processes, and technologies through which you access and take the exam, your answers are scored, and the test is secured and proctored, including Bluebook but excluding your Testing Device, your internet service provider (ISP) and the public internet, belong to College Board and its licensors.
  3. You shall not screenshot or attempt to make any image, copy, or download Test Content or Bluebook. You shall not attempt to decompile, reverse engineer, or disassemble Bluebook.
  4. All answers and answer documents you submit on the PSAT 8/9 are owned by College Board, and these may be used by College Board for any purpose, subject to the Privacy Policies located on the College Board website at collegeboard.org/privacy-center, and these Testing Rules; however, you have independent rights to your scores, including the right to access, retain, and use your scores, except as otherwise described in these Testing Rules.

Section 9. ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER

  1. General Arbitration Rules ("General Arbitration Rules")

    All disputes between you and College Board (each a "party") that relate in any way to registering for, participating in, or taking the SAT, including but not limited to requesting or receiving test accommodations, score reporting, the use of your data, test security issues, or the Score Validity Process (defined in the “Invalid Scores” section herein), 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. Disputes relating to the Score Validity Process are subject to both these General Arbitration Rules and the Supplemental Arbitration Rules defined in Section 9(b) below. If there is a conflict between the General Arbitration Rules and the Supplemental Arbitration Rules, the Supplemental Arbitration Rules will control.

    Either party can seek to have a claim resolved in small claims court if the rules of that court will allow it. Additionally, and except for disputes relating to the Score Validity Process under the Supplemental Arbitration Rules below, 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 this Agreement, 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 this Agreement or (b) the interpretation of the prohibition of class and representative actions contained in this Agreement.

    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 Subsection 9(a) has 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 Subsection 9(a). 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, the 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 an 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 only bring a claim 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.

  2. Supplemental Arbitration Rules for the Score Validity Process ("Supplemental Arbitration Rules")

    If you receive a notice from College Board that your scores are subject to the Score Validity Process, you may be provided with the option to choose arbitration. In addition to the General Arbitration Rules, except as set forth herein, the below rules will apply.

    The sole issue for the arbitrator to decide is whether College Board acted in good faith and followed the Score Validity Process.

    This arbitration will be based only on (i) the documents you submitted to College Board pursuant to the Score Validity Process and (ii) College Board documents unless otherwise agreed by the parties or required by the arbitrator.

    If the arbitrator finds that College Board did not act in good faith in deciding to cancel your scores, your scores will not be canceled (or they will be reinstated, if applicable).

    All other disputes with College Board will be resolved solely by the General Arbitration Rules in Section 9(a) above, except as set forth herein.

Section 10. Venue and Waiver of Jury Trial

All disputes arising from or related to these Terms and Conditions that are not subject to the terms under Section 9 shall be resolved exclusively in the state and federal courts located in New York County, New York State, and each party to these Terms and Conditions irrevocably consents to the jurisdiction of such courts. Each party expressly waives any right to a jury trial in any lawsuit arising from or related to these Terms and Conditions.

Section 11. LIMITATIONS OF LIABILITY

EXCEPT TO THE EXTENT FINALLY DETERMINED TO BE PROHIBITED BY LAW, THE TOTAL LIABILITY OF COLLEGE BOARD 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, OR ANY TEST ADMINISTRATION BY COLLEGE BOARD, FROM ANY CAUSE, SHALL NOT EXCEED THE TEST REGISTRATION FEES YOU PAID TO COLLEGE BOARD (IF APPLICABLE) 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.

Section 12. Disclaimer of Warranties

COLLEGE BOARD MAKES NO WARRANTIES REGARDING THE PSAT 8/9, PSAT 8/9 CONTENT, OR THE APPLICATION INCLUDING WITHOUT LIMITATION A WARRANTY THAT THE TESTING EXPERIENCE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACCEPT THE PSAT 8/9, PSAT 8/9 CONTENT, AND TESTING APPLICATION AS IS.

Section 13. Severability

If any provision or part of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way, and, to the extent possible, the invalid, illegal, or unenforceable provision shall be modified so that it is valid, legal, and enforceable and, to the fullest extent, reflects the intention of the parties.

Section 14. Restricted Registrations

College Board, along with our service providers overseas, is subject to U.S. economic sanctions, laws, and regulations and is prohibited from providing testing services to, or accepting registrations from, persons residing in certain areas or designated by the U.S. government as Specially Designated Nationals and Blocked Persons (collectively, "Sanctioned Persons"), unless specifically licensed or otherwise authorized by the U.S. government. You consent to use of your personally identifiable information by College Board to verify whether you are a Sanctioned Person. If a Sanctioned Person attempts to register despite U.S. sanctions that prohibit College Board from doing business with such Sanctioned Person, College Board or a U.S. financial institution may block the registration or payments submitted by or for such Sanctioned Persons. If payment is not blocked, College Board is required to cancel the registration and may not be able to refund the payment. Please contact PSAT 8/9 Customer Service at 866-433-7728 (+1-212-713-8105 internationally) or the website of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) to obtain the current list of sanctioned programs and Sanctioned Persons.

Section 15. Accessibility of These Terms and Conditions

If you have difficulty accessing these Terms and Conditions, including our policies and requirements, please contact College Board Customer Service at 866-433-7728 (+1-212-713-8105 internationally) or satsuite.collegeboard.org/contact-us in advance of registering for or taking the PSAT 8/9. We will be happy to provide these Terms and Conditions in an alternative format or assist you in some other manner as reasonably necessary to enable you to access these Terms and Conditions.