Last Updated January 19, 2021
This Candidate Agreement (“Agreement”) is a legal agreement between the Candidate (“you”) who will take the LSAT-Flex (the “Test”) and Law School Admission Council, Inc. (“LSAC”) that sets forth the terms and conditions for the Test under which LSAC will permit you to register for and take the Test. This Agreement sets out important terms and conditions related to your taking of the Test, including terms and conditions relating to Test security. By registering for and/or taking the Test, you agree to abide by the terms and conditions set forth in this Agreement. Please read and review this Agreement carefully prior to agreeing to it. You should carefully review this Agreement prior to each time you take the Test. The LSAC Candidate Agreement: Terms and Conditions for the LSAT-Flex is available for review on the LSAC website.
All references to “Test” or “Tests” in this Agreement refer to the LSAT-Flex and related documents in paper or electronic form, including the corresponding Test books, Test questions, Test responses, responses marked on answer sheets for the Test, and scratch paper.
NOTICE: By registering for and/or taking the Test, you represent and affirm the following to LSAC:
- The information you have provided to LSAC is true;
- You have read, understood, and agreed to be bound by this Agreement and each of LSAC’s policies; and
- You are not working for or on behalf of any Test preparation provider(s).
Terms and Conditions
Certification and Authorization.You certify that you are the Candidate whose name appears on this Test registration and that you plan to take the Test for the sole purpose of being considered for admission to law school. You further certify that you will neither assist nor receive assistance from any other person or entity during the Test and agree that after you take the Test, you will not discuss, share, disclose, copy, or otherwise misappropriate the Test or any intellectual property related to the Test, whether orally, in writing, on the Internet or via any other means or media, nor will you assist any person or entity in doing so. Any such discussion, sharing, disclosure, copying, or misappropriation could constitute a crime and may result in enforcement actions against you, to the fullest extent permitted by law, which could result in civil or criminal penalties.
You authorize LSAC to release to law schools the information that you have provided to LSAC for purposes of taking the Test, including but not limited to this Agreement, your Test score, and information regarding any alleged misconduct or irregularities relating to you that arise during the Test or law school admission process. You also authorize each law school to which you apply to release information from your law school file to LSAC.
- Required Personally Identifying Information: When registering for and/or taking any Test, you are required to provide personally identifying information to LSAC. Providing certain personally identifying information is mandatory. If you do not provide the mandatory personally identifying information, including but not limited to your name, address, and date of birth, you may not be able to register for or take the Test.
Photo Submission Requirement for Test Registration.During Test registration only, LSAC will require you to submit a photo that satisfies the LSAT-Flex Photo Requirements. Your photo will be used for Test security and other identification purposes. If you fail to provide a required photo by the deadline that applies to your Test date, LSAC may cancel your Test registration and you will be responsible for and subject to LSAC’s Test date change policies and any corresponding fees. You must provide a photo on or before the photo deadline for any new Test date. If you do not submit a photo on or before the photo deadline and do not request a Test date change, you will not be entitled to a refund of your original registration fees.
Audio/Video Recording Requirement for Test Candidates.By registering and agreeing to take the Test, you understand and agree that your audio and video will be recorded by a third-party test administrator during the Test process. Your audio and video is recorded by a third-party test administrator during the Test process in order to maintain the security and integrity of the Test and to protect against misconduct or irregularities during the Test. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE TO SUCH AUDIO AND VIDEO RECORDING BY A THIRD-PARTY TEST ADMINISTRATOR DURING THE TEST PROCESS.
Admission to the Test.Unless otherwise stated in this Agreement, you are required to show LSAC acceptable identification prior to being permitted to take the Test.
- Acceptable Forms of Identification for the Test: You must use either an international passport or a government-issued identification (with such government-issued identification being issued in North America). The government-issued identification must be current (or if expired, such expiration must have occurred within six (6) months of the Test date) and contain: (i) a recent and recognizable photo of you; (ii) your first name (which must match the first name on your registration); (iii) your last name (which must match the last name on your registration); and (iv) your date of birth. The photo on your identification will be compared to your appearance on the Test day via webcam. This comparison will be performed by both the Test proctor and facial recognition software. Your Test proctor will not allow you to take the Test if your identity cannot be verified via these methods. Please note that any form of United States of America military identification is not accepted by LSAC for purposes of taking the Test. LSAC’s policies are updated from time to time. By agreeing to the terms of this Agreement, you agree to be bound by the identification requirements that are in effect on the date of your Test.
- Questions Regarding Forms of Identification: LSAC and the Test proctor have exclusive discretion to deny you admission to the Test due to unacceptable identification. If LSAC and the Test proctor determine that you do not have an acceptable form of identification, such determination shall be final, and you will not be able to challenge such determination.
- Reporting Time: You must report to the Test no later than the time that you are scheduled for your Test. You will not be admitted to the Test if you report to the Test more than one (1) hour after your scheduled time for the Test. LSAC will strictly enforce the reporting deadlines set forth in this provision.
- Unacceptable Forms of Identification: The following forms of identification are not acceptable forms of identification for purposes of taking the Test: any government-issued identification issued by any country outside of North America (excluding international passports), student identification, military identification, electronic form of identification, Social Security card, Social Insurance card, birth certificate, credit card (including any credit card containing a photo), identification that expired greater than six (6) months prior to the date of the Test, photocopied identification or employee identification (including employee identification for employees of any governmental entity or agency).
- Requests for Alternative Forms of Identification: Any Candidate taking the Test in North America who is ineligible to obtain the required government-issued identification may request LSAC’s approval for an alternate form of identification. To request an exception to LSAC’s identification requirements, you must contact LSAC prior to the registration deadline that corresponds with your registered Test date. You may contact LSAC by email at LSACinfo@LSAC.org or phone at 215-968-1001. If you contact LSAC by phone, please press “0” to speak to an LSAC Candidate representative. LSAC will not make exceptions to the Test identification requirements on the day of the Test.
- Photo Requirements: Any photo that you upload through your LSAC.org account must satisfy the following requirements: (i) your uploaded photo must be recent and recognizable; (ii) your uploaded photo must be clear, so that there can be no doubt about your identity; (iii) your uploaded photo must contain only your face and shoulders (e.g., a passport photo); (iv) your uploaded photo must be different from the photo that appears on the government-issued identification that you use for the Test (do not upload a scan or photo of your government-issued identification); and (v) your uploaded photo must match your appearance on the day of the Test (e.g., with or without beard). For examples of acceptable and unacceptable photographs, please visit LSAT-Flex Photo Requirements. It is your responsibility to ensure that your photo image meets the requirements listed above if you are taking the Test. If you receive a message that your upload was successful, this message only signifies that your uploaded file contained the correct file type and file size. If you have any questions concerning Test photo requirements, please email LSACinfo@LSAC.org or call 215-968-1001.
Limitations on Candidates When Taking the Test.If you plan to take the Test within twenty-four (24) months of having supervised or proctored the Test or worked as part of LSAC’s Test staff, you must notify LSAC upon registering for the Test. LSAC will review the request and either honor the registration or offer an alternative Test date. Any request must be received no later than the registration deadline that corresponds with the requested Test date. Failure to abide by this requirement may result in the initiation of proceedings that may lead to a finding of misconduct or irregularity. You are permitted to take the Test in accordance with the following limitations: three (3) times in a single Test year; five (5) times within the current and past five (5) Test years; and seven (7) times over the course of your lifetime. In addition, you will not be permitted to retake the Test if you have already attained a Test score of one hundred eighty (180) within the previous five (5) Test years (which is the period in which LSAC reports Test scores to law schools on your behalf). Please visit Limits on Repeating the Test for further clarification.
Test Timing.The Test consists of three (3) separately timed, thirty-five (35) minute sections. During the time allotted for each section of the Test, you may work only on the applicable section. Once time is called during a section of the Test, all pencils and styluses are to be put down, no more marks or erasures are to be made on the answer sheet or scratch paper, and no additional inputs may be made on any electronic device once time is called for the applicable section. You may not start a section of the Test unless and until instructed by the proctor to do so. Failure to follow any instructions contained in this provision may result in your dismissal from the Test and/or the initiation of proceedings that may lead to a finding of misconduct or irregularity.
- Test Candidates: The official time and time remaining for the applicable section of the Test will display on your computer screen. The five (5) minutes remaining warning will display on your computer screen or will be announced by the proctor. At the conclusion of the Test, you may not leave your testing area or “camera range” until the Test proctor instructs you to do so. Failure to follow any of the proctor’s instructions may result in your dismissal from the Test, cancellation of your Test and Test score, and/or the initiation of proceedings that may lead to a finding of misconduct or irregularity. You may take an analog (nondigital) wristwatch to the Test. No other timepieces, including electronic timers (digital or nondigital), are allowed during the Test.
Rest Break During the Test.Any Candidate may submit a request to LSAC for a section break (e.g., a break in between each test section) and/or a stop-the-clock break as an accommodation for the Test. If LSAC approves either a section break or stop-the-clock break as an accommodation, the Candidate approved for such accommodation will be permitted to leave the range of such Candidate’s computer camera view for the purpose of traveling to and from the restroom during such break. During any such break, the Candidate understands and agrees that any scratch paper or other Test-related materials must remain in the Candidate’s workspace and in view of the Candidate’s computer camera view. ANY CANDIDATE WHO TAKES ANY BREAK FROM THE TEST IS STRICTLY PROHIBITED FROM WORKING ON THE TEST DURING SUCH BREAK FROM THE TEST. Candidates may be approved by LSAC for a break as an accommodation regardless of whether the need for a break is directly related to such Candidate’s disability or disabilities.
Authorized and Unauthorized Breaks During the Test as an Accommodation.
- Authorized Breaks During the Test: Upon submission of a request for accommodation to LSAC, any Candidate who is approved by LSAC for an accommodation to receive either: (i) a minimum of one hundred percent (100%) of additional testing time on the Test, or (ii) a paper-and-pencil or alternative non-electronic format of the Test, will be provided with five (5) minute section breaks for each section of the Test upon request. Any request for a 5-minute section break for each section of the Test must be submitted by the Candidate on or before the deadline for the registration for the applicable Test. Notwithstanding the foregoing, any Candidate is permitted to request additional breaks as an accommodation for the Test and shall not be limited to 5-minute section breaks if LSAC approves such Candidate’s request for additional breaks as an accommodation.
- Unauthorized Breaks During the Test: Any Candidate who is not approved by LSAC to receive any break as an accommodation for the Test is prohibited from being outside of the view of such Candidate’s computer camera view during the Test; provided that any Candidate who requests to leave such Candidate’s computer camera view for purposes of using the restroom shall be permitted to do as an “unauthorized break” during the Test. In the event that the Candidate takes an unauthorized break from the Test for purposes of using the restroom, the clock for such Candidate’s Test shall continue without interruption and such Candidate shall not receive any additional testing time to account for such unauthorized break during the Test. Any Candidate who takes an unauthorized break during the Test will also be subject to the following conditions:
- The Candidate understands and agrees that an incident report will be filed and sent to LSAC indicating that the Candidate received an unauthorized break from the Test and the Candidate’s Test will be subject to further review by LSAC. LSAC reserves the right to issue a finding of misconduct or irregularity and cancel such Candidate’s Test score as a result of the taking of the unauthorized break; and
- The Candidate shall be required to comply with and adhere to the conditions set forth in Section 10 below and shall not be permitted to restart the Test following the unauthorized break unless and until such restart is approved by the proctor for the Test.
Candidate Conduct Upon Return from Break During the Test.Upon the Candidate’s return to the workspace following the conclusion of any break during the Test, the Candidate will be subject to the following requirements: (a) the Candidate must present his or her photo identification to the Test proctor for review and approval, and (b) the Candidate will be subject to a full scan of the Candidate’s workspace by the Test proctor (as required at the beginning of the Test). ANY CANDIDATE WHO TAKES ANY BREAK FROM THE TEST SHALL NOT BE PERMITTED TO RESTART THE TEST FOLLOWING SUCH BREAK UNLESS AND UNTIL SUCH RESTART IS APPROVED BY THE TEST PROCTOR.
Items Required for the Test.You are required to bring to the Test a physical, valid government-issued identification that is current (or has expired within six (6) months of the date of your Test) and contains a recent and recognizable photo. If you do not present an acceptable form of identification, you will be denied access to the Test and will forfeit your Test registration and any Test registration fees paid by you to LSAC. If you are denied access to the Test, you will not be eligible for any refunds or reimbursement for any costs incurred by you related to the Test.
Items Permitted on the Desktop During the Test.During the Test, you may have only the following items on your desktop: tissues; five (5) blank sheets of scrap paper; valid identification; regular or mechanical pencils; ink pens; highlighters; an eraser (no mechanical erasers or erasers with sleeves); a pencil sharpener; soft, non-electronic, non-corded/banded, generic foam ear plugs (which shall be subject to prior inspection and approval by the Test proctor); beverage in plastic container or juice box (maximum size: 20 oz/591 ml); analog (nondigital) wristwatch. Notwithstanding the foregoing, electronic noise-canceling devices and/or other noise-canceling devices other than generic foam ear plugs approved by LSAC and/or Test proctor are expressly prohibited. Each of these items must be shown to the Test proctor during the security check-in procedure along with both sides of any scrap paper. Failure to follow any instructions contained in this provision may result in cancellation of the Test and/or the initiation of proceedings that may lead to a finding of misconduct or irregularity.
Prohibition of Electronic Devices for the Test.You may bring one (1) cell phone to the Test to use as a mirror during check-in, in accordance with the instructions from your Test proctor and to communicate with the Test proctor in the event of any issue with your Test. Following the check-in process with your proctor, you must keep your cell phone in the room in which you are taking the Test; provided, however, your cell phone must be kept face down, out of your arm’s reach, and at a distance and location where it is unable to capture any images on your computer screen. You are prohibited from possessing (or otherwise using) any of the following electronic devices during the Test: timers of any kind, electronic cigarettes, fitness-tracking devices, digital watches, calculator watches, chronograph watches (digital or nondigital), calculators, cameras, recording devices, listening devices (including, but not limited to, headphones, ear buds, air pods and other electronic listening devices and/or noise-canceling devices other than generic foam ear plugs), headsets, iPods, and other media players. In addition to the foregoing, please note that tablets, laptops, and personal computers not being used to take the Test are not permitted and are expressly prohibited in your Test room. This prohibition on electronic devices contained in this provision shall apply during any break from the Test.
Please be aware that your Test proctor will not allow you to take the Test if any prohibited electronic devices are observed during the room scan portion of the check-in for your Test. This includes, but is not limited to, any separate monitors or desktop computers that are nearby during the Test. If your Test session is flagged for a violation during the Test, your audio and video data may be utilized by LSAC in any investigation of your conduct during the Test. If you are discovered to be in possession of (or otherwise using) a prohibited electronic device during the Test, you may be issued an LSAT Violation Notice and the proctor may terminate your Test session. Such violations will be grounds for cancellation of the Test score, and you may be subject to an LSAC investigation that may lead to a finding of misconduct or irregularity. LSAC will enforce this policy from the time you complete the security check-in procedure for your Test until the time that the proctor announces the conclusion of your Test session.
Prohibited Items for the Test.At all times during the Test, you are required to follow the instructions given by the Test proctor. Any items that are not specifically permitted under Section 12 of the Agreement are explicitly prohibited and shall not be accessed or otherwise used by you during the Test. Any suspicious behavior noted by the Test proctor will be grounds for immediate termination of your Test and may result in the issuance of an LSAT Violation Notice to you. Termination of your Test will result in your being subject to LSAC’s score cancellation polices and an LSAC investigation that could lead to a finding of misconduct or irregularity. Any finding of misconduct or irregularity may be shared with any law school to which you apply. With respect to any Candidate taking the Test, the items listed below in this Section 14 may not be accessed or referenced during the administration of the Test; provided, however, you may keep such items in the room during the Test:
- Briefcases, handbags, or backpacks of any kind;
- Hats or hoods, except for those considered religious apparel;
- Sunglasses, headphones, or any other devices that can be placed in the Candidate’s ears; and
- Books, printed materials, reference materials (including, but not limited to, any books, notes, whiteboards, calendars, notebooks, guides, flyers or other outside materials), or notes prepared prior to the commencement of the Test.
Please note that if someone else enters your room during the Test, you must ask them to leave the room immediately. If this situation arises, the proctor will determine, at the proctor’s discretion, if and when you will be permitted to continue taking the Test. Please note that entry of any person into the room during the Test will result in your Test being flagged for further review.
Other Prohibited Behaviors.You agree that you will not reproduce, recreate, distribute, or sell, or attempt to reproduce, recreate, distribute, or sell, any portion or all of the Test. You agree that during and after you take the Test, you will not discuss, disclose, copy, misappropriate, or otherwise share with anyone any information about the Test questions, Test answer choices, Test content, or any of LSAC’s intellectual property related to the Test, whether orally, in writing, on the Internet, or via any other means or media, nor will you assist any person or entity in doing so. Any such discussion, sharing, disclosure, copying, or misappropriation could constitute a crime and may result in the pursuit of enforcement actions against you, to the fullest extent permitted by law, that could result in civil or criminal penalties.
In addition to the foregoing, you agree not to engage in any of the following behaviors in connection with taking the Test:
- Filling in or altering responses to any multiple-choice questions or continuing to write or alter the essay after time has been called. This means that you cannot make any changes to a Test section outside of the designated time for that section, even to fix a stray mark or accidental keystroke.
- Reviewing or otherwise looking at a Test section on which time has already been called.
- Moving ahead in the Test to a section that is not yet authorized for you.
- Looking at or requesting another person’s Test or answers.
- Giving, receiving, or requesting assistance by any means.
- Discussing or sharing Test questions, Test answers, or Test form identification numbers at any time, including during the Test administration, during any break from the Test, or after the Test.
- Attempting to photograph, copy, or memorize Test-related information or removing Test materials, including any questions, answers, or notes, from the Test room in any way or at any time.
- Removing, reproducing, or disclosing by any means (e.g., in hardcopy format, verbally, electronically) any Test materials to any person or entity either during or after the Test. Legal action may be taken against anyone who removes any Test material and/or reproduces or discloses any Test material in any way, or shares any Test content prior to LSAC’s disclosure of the applicable Test to the general public.
- Disclosing Test questions or answers in any way or at any time, in whole or in part, including through social media.
- Using notes, dictionaries, or any other item that may aid or otherwise assist you during the Test.
- Not following instructions or abiding by the rules of LSAC or the Test proctor.
- Exhibiting confrontational, threatening, or unruly behavior.
- Violating any laws, statutes, or regulations. If LSAC suspects you have engaged in criminal activities in connection with a Test, such activities may be reported to law enforcement agencies.
- Smoking and/or vaping.
- You may not leave the vicinity of the Test room during the Test session or during any break, except as directed by LSAC and/or the Test proctor, as applicable.
- Allowing your face to leave the view of your computer’s webcam except during any authorized or unauthorized break subject to the terms and conditions set forth in Sections 8 and 9.
- Leaving your seat except during any authorized or unauthorized break subject to the terms and conditions set forth in Sections 8 and 9.
- Operating or running any other software applications (unless pre-approved by LSAC).
- Connecting or disconnecting any external storage device to your computer.
- Copying, saving, attempting to copy, or attempting to save any Test material or written notes on your computer.
Use of Restrooms During the Test.You should use the restroom prior to check-in to the Test. After you check-in to the Test, you will not be permitted to leave the view of the camera until after the completion of the Test, except for an authorized or unauthorized break as described in Sections 8 and 9 of this Agreement.
Disability-Based Accommodations.Some of the terms, conditions, rules, or policies set forth or referenced in this Agreement may be modified if you are approved to receive disability-based testing accommodations on the Test. Any such modifications are limited to the testing accommodations specifically approved and listed in your Accommodation Letter, which shall be provided to you via your online LSAC account. LSAC and its vendors strive to satisfy the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and related W3C guidelines for guidance in meeting accessibility commitments. For more information, you may access the LSAC Digital Accessibility Policy. If you encounter any barrier with any product or service during the Test, you must notify LSAC via email at accessibility@LSAC.org. If you have any questions about using assistive technology for the Test and require further assistance, please contact LSAC’s Technical Support Services via telephone at 215.968.1001. Since some technological issues require additional efforts to explain or remediate, you are strongly encouraged to raise such concerns as early as possible. Notwithstanding the foregoing, this Section 17 shall not impact, sever, waive, or otherwise limit any other provision set forth in this Agreement.
Prohibited Behavior Observed or Suspected by the Test Proctor.Third-party Test proctors will monitor you and others during the Test. Your Test proctor will monitor you during the Test via your computer’s webcam. If you are observed or suspected of engaging in any prohibited behavior, the Test proctor has the right to discontinue your Test and log their observations on an irregularity report and submit it to LSAC. At its sole discretion, LSAC reserves the right to review those irregularity reports and take action in response, which may include not scoring your Test or canceling a Test score previously reported. Any such decision by LSAC is final. If your Test is canceled pursuant to this Section 19, you forfeit your registration and no refund will be issued to you by LSAC. Test proctors are not required to notify you or give you a warning of any observed or suspected prohibited behavior.
Test Score Cancellation.The Test score cancellation option is available in your online LSAC account beginning at midnight (12:00 a.m. ET) on the day following your actual Test date and will remain accessible to you for a period of six (6) calendar days. The Test score cancellation option will expire at 11:59:59 p.m. ET on the sixth (6th) day. The Test score cancellation option can be accessed via your online account under the LSAT tab and the subheading “LSAT Status,” in the “Administration Date” column under the applicable Test date. After you have confirmed your intention to cancel your Test score, your Test score will be canceled for the applicable Test administration. Test score cancellation requests are irreversible and cannot be rescinded by you. LSAC will not honor or accept any Test score cancellation requests that are not submitted online via the mechanism set forth in this Section 20.
Decision Not to Complete the Test Due to Illness or Otherwise.If you become ill during any part of the Test, you may decide not to complete the Test. If you decide not to complete the Test, raise your hand and wait for permission from the proctor to leave the Test. If you leave the Test due to illness or for any other reason and decide not to complete the Test, you will not be permitted to restart the Test for any reason and your Test registration fees will not be refunded. Please note that your Test score will not be automatically canceled if you decide to leave the Test early due to illness or for any other reason. You must cancel your score as set forth in Section 20 above.
Test Issues/Complaints/Feedback.If you encounter any issue during Test administration, and you wish to submit either a complaint or feedback to LSAC, you must follow the procedures outlined below for (a) complaints or (b) feedback, as applicable:
- Complaints: If you want to submit an official Test complaint, you must enter the “LSAT Status” page of your LSAC account and click the “Submit a Test Day Complaint” link for the applicable Test administration. You may access the “LSAT Status” page by clicking on the “View LSAT Registrations & Statuses” button on your LSAC account dashboard. If you submit an official Test complaint, LSAC will investigate your issue and concerns. During any such investigation of a complaint, LSAC will place a hold on your file, which may result in a delay in the reporting of your Test score and CAS law school reports. If you elect to submit an official Test complaint, you will be able to elect whether to keep your Test score or cancel your Test score following LSAC’s review of your complaint. If LSAC’s investigation confirms that your complaint is valid and you decide to cancel your Test score, you will receive a coupon to use for free registration fees for a future Test. If LSAC does not confirm that your complaint is valid, you will be able to elect whether to keep your Test score or cancel your Test score following LSAC’s review of your complaint; provided, however, you will not receive a coupon for free registration fees for a future Test. Your complaint must be received within three (3) calendar days after the date of your Test to be eligible for review by LSAC.
- Feedback: If you want to submit feedback rather than an official Test complaint, you must enter the “LSAT Status” page of your LSAC account and click the “Submit a Test Day Complaint” link for the applicable Test administration. You may access the “LSAT Status” page by clicking on the “View LSAT Registrations & Statuses” button on your LSAC account dashboard. In your submission, it is your responsibility and obligation to indicate that you would like LSAC to address your issue as “feedback” rather than a “complaint.” Your indication that the communication is to be regarded as “feedback” rather than a “complaint” is necessary to prevent the placement of a hold on your LSAC file. If you submit feedback, LSAC will use the information you provide to help improve the Test experience going forward. LSAC will not place a hold on your LSAC file, and no additional remedies (e.g., extension of the cancellation period, or a coupon for the registration fees for a future Test, etc.) will be provided to you. Your feedback must be received within three (3) calendar days after the date of your Test to be eligible for review by LSAC.
Compromises in the Registration, Testing, Test Scoring, or Test Score Reporting Processes, and Group Irregularities.LSAC takes significant steps that are intended to provide you a fair, standardized Test process. However, in some cases circumstances may prevent this from occurring. Such circumstances may include, but shall not be limited to, the occurrence of the following:
- Deviations from standard testing procedures such as events that cause testing through the Test to be canceled or interrupted, or a mistiming on any part of the Test;
- Errors, delays, or other nonstandard circumstances in (a) processing Test registrations, (b) administering the Test, (c) preparing, handling, shipping, processing, or scoring the Test, or (d) reporting Test scores;
- Circumstances that raise concerns about the possibility of prohibited behavior that may have affected a group of Candidates. Such circumstances include, but are not limited to, evidence of advance access to Test content or inappropriate conduct during any Test administration; or
- Any other events that disrupt or compromise any part of the Test process (e.g., registration, Test distribution, testing, Test scoring, and Test score reporting).
In the unlikely event any such circumstance occurs, LSAC will review the situation and determine whether it needs to take any action, including, but not limited to, not scoring the Test or cancellation of the Test scores. If LSAC determines that it needs to take action, LSAC will, at its sole discretion: (a) correct the error (if an error occurred and LSAC believes correction is feasible); (b) not score the Test or cancel the Test score and offer each affected person the option to retake the Test at no additional fee; or (c) not score the Test or cancel the Test score and offer a refund.
The remedies listed in this Section 23 are the exclusive remedies available to Candidates for the circumstances described in this Section 23.
Decisions made by LSAC pursuant to this Section 23 are final. If LSAC offers a re-Test and you select that option, you must retake the entire Test, in its whole, to produce a valid Test score.
Test Security Investigations.As part of its efforts to protect the fairness of the Test and the integrity of Test scores, LSAC may conduct investigations into the security of its Test materials and the Test process (collectively, “Test Security Investigations”). You agree to cooperate with any Test Security Investigation. LSAC reserves the right to withhold and not report any Test score pending the outcome of a Test Security Investigation. Sometimes, Test Security Investigations may produce evidence that calls into question the validity of specific scores and cause LSAC to initiate a misconduct or irregularity action against you. In other cases, investigations may produce evidence that calls into question the validity of a group of scores (e.g., all scores achieved on a specific Test date), and results in LSAC taking action with respect to that group of Candidates.
In addition to taking action regarding any Candidate’s Test score, LSAC may, at its sole discretion, decide as part of a Test Security Investigation that additional steps are appropriate, such as when prohibited behavior is or might be ongoing or rises to the level of a criminal act (e.g., coordinated group efforts to steal and disseminate LSAC’s secure Test content; activities involving someone else taking the Test for another person or altering Test responses; theft; disclosure of, or access to, Test content or responses to secure Test questions; or other serious or potentially ongoing misconduct). Those additional steps include, but are not limited to the following:
- Prohibiting You from Taking the Test: LSAC may prohibit you from taking the Test, even if you have already registered for the Test, if LSAC has reason to believe: (i) you engaged in prohibited behavior in connection with a prior or future administration of the Test; (ii) you intend to engage in prohibited behaviors in the future; (iii) you have provided false or misleading information to LSAC or to others relating to your taking of the Test; or (iv) you are working for or on behalf of a Test preparation provider. This prohibition may be temporary or permanent at LSAC’s exclusive discretion.
- Disclosure of Investigative Information: LSAC reserves the right to disclose details of a Test Security Investigation to anyone who may be able to assist LSAC in the investigation or who may have an interest in their own independent investigation. This includes, but is not limited to, law enforcement, law schools, score recipients, and any third party assisting LSAC in the investigation. These disclosure rights aid in protecting the integrity and fairness of the Test process and benefit Candidates and Test score recipients who properly obtain their Test scores. By entering into this Agreement, you consent to these disclosures and release LSAC from any and all liability for exercising its right to make such disclosures. LSAC may disclose the evidence on which any finding is based (including, but not limited to, any audio/video recordings of the Test) to any law school that receives your Test scores.
- Disclosure of Misconduct Finding: If you are found by LSAC to have engaged in any act that is prohibited under this Agreement that affects, impacts, or otherwise impairs the validity of your scores on the Test or the scores of any other Candidate(s) taking the Test, LSAC may disclose such conduct to any law school that receives your Test scores and to any third party with a legitimate reason for knowing that information.
Delivery of the Candidate’s Test Scores.You will automatically receive your Test score by email to the email address provided on your account at LSAC.org. The Test score report and related Test documents will also be available in your online account. It is your responsibility and obligation to keep your email and mailing addresses in your LSAC file complete and accurate to ensure the proper delivery of your Test score. Your Test score reports may be delayed due to various circumstances including file holds, late receipt of Test materials, or other issues.
Please note that all Test administrations outside of the United States of America and Canada and all special Test administrations will be considered as nondisclosed Test administrations to the Candidates. If you take a nondisclosed Test, you will receive only your Test score following the Test. You will not receive Test disclosure information, such as a copy of the Test questions, a list of the correct and the credited Test responses, a copy of your Test answer sheet, or the score conversion table for your Test. Please visit LSAC’s Disclosed and Nondisclosed Tests for further clarification.
LIMITATION OF LIABILITY AND DAMAGES.TO THE EXTENT PERMITTED BY APPLICABLE LAW, LSAC’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 TEST, FROM ANY CAUSE, SHALL NOT EXCEED THE TEST REGISTRATION FEES YOU PAID TO LSAC, OR $200, WHICHEVER AMOUNT SHALL BE GREATER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LSAC BE LIABLE TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU OR ON YOUR BEHALF, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, SPECULATIVE, INCIDENTAL (INCLUDING ANY DAMAGES INCURRED DUE TO A LOSS OF OPPORTUNITY, INCOME, OR PROFITS; LOSS OF INFORMATION; BUSINESS INTERRUPTION; TRAVEL AND LODGING EXPENSES; TEST-PREPARATION COURSE FEES; OR THE LIKE, 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.
LSAC’s Intellectual Property Rights.All Tests, Test-related documents and materials, and Test preparation materials are copyrighted works owned by LSAC and protected by the laws of the United States of America and other countries. Secure Tests and Test questions (e.g., Tests and Test questions that are not made available by LSAC to the general public) may not be copied, shared, discussed, or disclosed at any time or in any manner whatsoever. Test-related materials that LSAC has made available to the general public, such as materials designated by LSAC as practice or sample Tests, may not be copied, duplicated, or used in any other works, in whole or in part, without the prior written approval of LSAC.
- Consequences for Violation of LSAC’s Rights: LSAC may pursue all available civil and criminal remedies if its intellectual property rights are violated, including seeking damages and injunctive relief in a court of law and referring such violations to law enforcement authorities for criminal prosecution. LSAC reserves the right to pursue all suitable courses of action to prevent fraudulent or unauthorized use, disclosure, copying, misappropriation, or sharing of its property and to prevent the compromise of secure Test materials.
- LSAC Ownership of Test Materials: LSAC retains complete ownership rights to the Test and all Test materials, including Test answers. LSAC owns all answers and answer documents you submit, including all written responses, as well as all Test score-related data maintained by LSAC. Test score reports that LSAC provides you may not be altered, and, if LSAC cancels the Test scores reflected on such Test score reports, you may not provide such Test scores or Test score reports to any third party.
Ongoing Duty.You certify that all the information contained in this Agreement, as well as information and materials submitted to LSAC for your LSAC file (including your self-managed account at LSAC.org) and any information you submit to any third party for purposes of taking the Test, are complete and accurate. You understand that you are responsible for the completeness and accuracy of all the biographical information contained in this Agreement. You certify that you have read the most current policies at LSAC.org and agree to be bound by such policies. Your LSAC.org account provides a great deal of information about your activity with LSAC and with the law schools to which you apply. It is your responsibility to manage your account actively to ensure that all relevant information is received, that all information is current and correct, and that all deadlines are met by you. You represent and warrant that all information provided by you to register for your LSAC.org account is complete, accurate, and current. It is your responsibility to make sure all biographical information in your LSAC file is correct, accurate, and consistent (e.g., name, date of birth, Social Security/Social Insurance number, and LSAC account number). If you need to make any changes to your name, then you may submit such changes through your LSAC account. If you require any changes to your date of birth and/or Social Security/Social Insurance number, then such changes must be submitted to LSAC using the LSAC Biographical Information Changes form (PDF). All requests for such changes must also include a copy of your identification for verification purposes. Requests for changes received without a copy of your identification will not be processed. The LSAC Biographical Information Changes form must be completed, signed, scanned to a PDF, and emailed to LSACbio@LSAC.org. Your failure to provide accurate and consistent information could result in errors, processing delays, file reviews, and possible referral for a misconduct or irregularity investigation. Should LSAC become aware of a discrepancy in your biographical data, you will be notified in writing and asked to provide the correct data in writing. In some instances, a reporting hold may be placed on your file until the matter is resolved. You might also be asked to provide documentation to support the biographical data change.
Governing Law.These terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, USA, without giving effect to choice of law principles, and shall not be governed by the United Nations Convention for International Sales of Goods, the application of which is expressly excluded.
Severability.If any provision or part of this Agreement is held by a court of competent jurisdiction 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 greatest extent possible, the invalid, illegal, or unenforceable provision shall be modified so that it is valid, legal, enforceable and, to the fullest extent possible, reflects the intention of the parties.
No Third-Party Beneficiary.This Agreement does not create a third-party beneficiary relationship between LSAC and any individual or entity other than you.
No Agency.LSAC collects, stores, and distributes information about you and transmits it to law schools in accordance with LSAC’s policies. LSAC also provides you with information about law schools. LSAC’s role in the collection, storage, and transmission of information does not mean that LSAC is your agent or an agent of any law school. LSAC has no authority to alter or waive any requirement of any law school. Any disputes between you and a law school must be resolved directly between you and the applicable law school.
Certifying Statement for Test Candidates.If you are taking the Test, you will be required to read the Certifying Statement aloud to the Test proctor and asked to check the box for the Certifying Statement indicating that you acknowledge and agree to the Certifying Statement. If you do not read the Certifying Statement aloud and check the box to acknowledge and agree to the Certifying Statement for the Test, you will not be permitted to take the Test.
Notice.By entering into this Agreement, you consent to the delivery of any legally required notices to the email address associated with your LSAC.org account at the time such notice is sent to you.
Accessibility of this Agreement.If you have difficulty accessing this Agreement and/or any of LSAC’s policies referred to in this Agreement, please contact LSAC’s contact and support at accessibility@LSAC.org in advance of registering for or taking the Test. LSAC will be happy to provide this Agreement in an alternative format, or to assist you in some other manner as is reasonably necessary to enable you to access this Agreement.