Visible Body User Agreement – Visible Body

Last Updated: May 03, 2023

This Agreement sets forth the terms and conditions of your access to and use of a Service operated by Visible Body, including any Visible Body website, Mobile App, or Desktop App. If you wish to use a Service, you must agree to the terms of this User Agreement. By launching a Service, including by visiting the Company’s website, you are entering into a contract with Argosy Publishing, Inc. d/b/a Visible Body (the “Company” or “we”) for access to the Service, and you are agreeing to be bound by and to comply with the following terms and conditions (the “User Agreement”). Visitors to free content on the Company’s website are not “Authorized Users” but are subject to all of the conditions and restrictions in this User Agreement.

The Service is licensed, not sold, to you for use only under the terms of this User Agreement, even if you access the Service through an App. Some users will have a limited-time right to access the Service (for instance, users with trial or subscription Service Plans). In any event, your right to access or use the Service may be terminated as set forth herein. We reserve all rights not expressly granted to you. The terms of this User Agreement will govern any upgrades provided by Company that replace and/or supplement the Service, unless such upgrade is accompanied by a separate agreement, in which case the terms of that agreement will govern.

“Authorized Users” are individuals who have either: (1) purchased or obtained on a trial basis a Service Plan for all or some part of the Service; (2) acquired access to all or some part of the Service as a member, such as a student, faculty, or staff member, of an institution that has a Service Plan for multiple Authorized Users . By entering into this Agreement, you warrant that you are an Authorized User.

You may be required to create a User Account in order to have access to the Service or to specific features of the Service. Unauthorized access to the Service is strictly prohibited. When you create an account, we collect certain information about you, including personally identifiable information, as well as information about your use of the Service. The information will be treated in accordance with our Privacy Policy. By accepting this User Agreement, you are agreeing to the terms and conditions of our Privacy Policy (www.visiblebody.com/privacy), as well.

For Institutional Users. Company grants the Institution a non-exclusive and non-transferable right and license for access and use of the Service by the Institution’s Authorized Users who are employees, faculty, staff, students, and patients only, subject to any restrictions in the Institution’s License Agreement and the applicable Service Plan, described below. This license does not allow the Institution to use the Service on any device that the Institution does not own or control, and the Institution may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. This license is subject to the terms and conditions set forth below, regarding use of the Service by Institution’s Authorized Users.

For Individual Authorized Users. Company grants Authorized Users a non-exclusive and non-transferable right to access and use the Service, subject to the applicable Service Plan described below and the following terms and conditions. For Authorized Users of a Desktop App, this includes the right to install the Licensed App on one device, that you own or control. This grant does not allow you to use the Service on any device that you do not own or control, and you may not distribute or make the Service or the underlying software available over a network where it could be used by multiple devices at the same time. If you are an Authorized User of a Mobile App, your use is also subject to the terms and conditions imposed by the retailer from whom you acquired it (for instance, the Apple App Store or Google Play).

Service Plans

	Institutional			Individual
	Site Subscription (formerly Site License)	Group Purchase (formerly Bulk Purchase)	Seat Licenses	Student Purchase	Student Subscription	Single Platform Purchase	Classroom/ Professional Subscription
Products	Visible Body Suite, Courseware, Biology, Legacy Products (Anatomy & Function, Anatomy & Physiology, Human Anatomy Atlas, Muscle Premium, Physiology & Pathology, Physiology Animations, Skeleton Premium)	Courseware	Visible Body Suite, + for zSpace,Human Anatomy Atlas 8 for zSpace	Courseware	Visible Body Suite	Human Anatomy Atlas, Legacy Products (Anatomy & Function, Anatomy & Physiology, Muscle Premium, Physiology & Pathology, Physiology Animations, Skeleton Premium)	Visible Body Suite
License Type	License for all Authorized Users within an institution across multiple platforms	Single user licenses across multiple platforms	Single device license	Single user license across multiple platforms	Single user license across multiple platforms	Single user license for one platform	Single user or classroom license
Device(s)	Any device that the Institution or an Authorized User owns or controls	Any device that the Institution or an Authorized User owns or controls	Any single device that the Institution owns or controls	Any device that you own or control	Any single concurrent device that you own or control	Subject to the terms and conditions imposed by the retailer	Any single concurrent device that you own or control
Authorized User(s)	Institution’s Authorized Users who are employees, faculty, staff, students, and patients only	Institution’s Authorized Users who are employees, faculty, staff, students, and patients only	Institution’s Authorized Users who are employees, faculty, staff, students, and patients only	Purchaser or Trial User	Student Purchaser	Purchaser	Purchaser
View, read, study, and learn	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Use screen captures of the Service for Authorized User's own personal use*	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Print out single copies of screen shots	Yes	Yes	Yes	No	No	No	Yes
Use up to 5 images / 20 seconds of video per entity per year with restrictions**	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Use screen captures of the Service in student papers or presentations*	Yes	Yes	Yes	No	No	No	No
Complete lessons and quizzes; view information and grades for a particular course	Yes (Courseware only)	Yes	No	Yes	No	No	No
Use the Service in lectures by Authorized Instructor Users for Authorized Student Users	Yes, unlimited in-person and online within institution	Yes, unlimited in-person and online within institution	In-person display only on a single licensed device	Yes, unlimited in-person and online within institution	No	No	Small group in-person display on one supported device(laptop, phone, tablet, dissection table, smart board, multitouch device)
*Use screen captures of the Service in course handout materials (Authorized Instructor Users)**	Yes	Yes	Yes	Yes	No	No	Yes
Create and assign lessons and quizzes; view information, grades, and student performance metrics for a particular course (Authorized Instructor Users)	Yes (Courseware only)	Yes	No	Yes	No	No	No
Upload content to the Service for access and use by yourself and Authorized Student Users and Authorized Instructor Users who are affiliated with your educational institution (Authorized Instructor Users)	Yes (Courseware only)	Yes	No	Yes	No	No	No
Other terms	Non-exclusive and non-transferable	Non-exclusive and non-transferable	Non-exclusive and non-transferable	Non-exclusive and non-transferable	Non-exclusive and non-transferable	Non-exclusive and non-transferable	Non-exclusive and non-transferable

* Provided (1) that the materials are not sold or distributed in any form, (2) that the materials do not support ad revenue, (3) that the content includes “Image courtesy of Visible Body” displayed with the image or video or, if on social media, content includes "Thanks to @visiblebody", and (4) that the screen captures do not contain histology, CT, MRI, or cadaver slice images
** See https://support.visiblebody.com/hc/en-us/articles/115002359347-Permission-to-use-content-from-Visible-Body-products#scrollNav-2 for restrictions

As between you and Company, all data, including all lessons, quizzes and other electronic data or information, submitted by and/or uploaded by you to the Service, (hereinafter, “User Content”), is owned by you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your User Content. You represent and warrant that any User Content that you provide to Company or upload on the Service does not infringe any copyright, patent, trademark, trade secret or other proprietary right held by any third party. You also acknowledge that you assume full responsibility for the use and/or disclosure of any non-public or personally identifiable information that you obtain, share, or upload through the Service. We respect the intellectual property and privacy rights of others and we ask you to do the same.
You agree to be bound by the following rules, which are important for the proper operation of the Service. We reserve the right to update or supplement these rules, from time to time. Updates to these rules will become effective upon posting to the Company website. Your failure to follow such rules, whether listed below or in subsequent modifications, may result in termination of your access to, and right to use, the Service.
- Do not permit anyone to access or use the Service by logging in with your credentials or on your device.
- Do not remove or alter Company’s copyright notices or other means of identification or disclaimers as they appear in the Service or its content.
- Do not use the Service or any information provided in or through the Service to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
- Do not access or use the Service or any content obtained through the Service in violation of any applicable, federal, state or local law, rule or regulation
- Do not use any part of the Service, its design or any of its content for personal or financial gain without our written permission.
- Do not rent, lease, lend, sell, redistribute or sublicense the Service or act as a service bureau or application service provider (ASP) that allows third party access to the Service or any of its content.
- Do not copy (except as expressly permitted by this Agreement and the Usage Rules for any Mobile App, modify, translate, decompile, disassemble, attempt to derive the source code of, nor create or attempt to create, by reverse engineering or otherwise, the Service or any information provided in or through the Service, or any part thereof, or adapt the whole or any part thereof in any way, or use the Service or any information provided in or through the Service to create a derivative work.
- Do not upload to or through the Service any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability or could infringe rights of privacy, publicity, copyrights, trademarks or other intellectual property or proprietary rights of a third party.
- Do not use the Service to store or transmit Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines or viruses.
- Do not systematically make printed or electronic copies of multiple portions of the Service or any information provided in or through the Service for any purpose, except as allowed for certain users in Section 5.
- Do not display or distribute any part of the Service or any information provided in or through the Service on any electronic network, including without limitation the Internet.
- Framing, linking, republication or redistribution without our written permission is prohibited.
- Do not use the Service for lectures, presentations, or any type of public demonstration without prior written permission from the Company, except as allowed for certain users in Section 5.
You shall:
- be responsible for the confidentiality and all use of any password or other identifying information required to access the Service, including, assuming sole responsibility and liability for all activities that occur under your username and password or on your device;
- be responsible for complying with any and all applicable United States and foreign export and import laws and regulations if using the Service or any portion thereof outside of the United States;
- use a Mobile App only in accordance with the terms and conditions imposed by the retailer from which you acquired it (for instance, the Apple App Store or Google Play); and
- inform Company, immediately upon becoming aware of any unauthorized use or other breach of this Agreement, and take reasonable and appropriate steps both to ensure that such activity ceases and to prevent any recurrence.
You agree that Company shall not be liable for any damages arising from any interruption, suspension or unavailability of the Service, regardless of the cause.
For those Authorized Users who have set up a User Account, Company agrees to maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Content uploaded to the Service. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of User Content by Company personnel except (a) to address service or technical problems, (b) as compelled by law, (c) as you designate through elections made through the service or (d) as you expressly permit in writing. Notwithstanding the foregoing, you acknowledge that any content stored under your User Account, including files you upload to the Service, may reside on the Internet at unlisted URLs, which can be accessed by third parties. If you are an Authorized Student User or an Authorized Instructor User, You expressly acknowledge and agree that User Content will be made available to Authorized Instructor Users and/or Authorized Student Users at your educational institution through the Service as you designate through elections made through the service.
We make no representations or warranties as to the Service or any information provided in or through the Service. The Service and the information provided in or through the Service are provided AS IS and AS AVAILABLE without warranty of any kind, either express or implied. We reserve the right to add, delete, change, improve, update or otherwise modify the information provided in or through the Service without notice. We assume no liability or responsibility for any errors or omissions in User Content, the content of the Service or any information provided in or through the Service. The material accessed in or through the Service does not, and is not meant to, constitute medical advice and should not be relied upon for health care or any other purpose.
You understand that by using the Service, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or images, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. We are not responsible or liable for the content of any submissions to the Service, including User Content. We reserve the right to delete, move or edit submissions that we, in our sole discretion, deem to be defamatory, obscene or in violation of copyright or other laws or otherwise offensive. In the event of a claim of copyright or other intellectual property infringement or violation of any other right, we reserve the right to share certain account information with governmental organizations or other third parties. If you dispute such claims, we will share with you the contact information of any party claiming any such infringement or violation. In the event of any such dispute, we reserve the right to suspend the display, viewing or sharing of any of User Content until the issue has been resolved.
Your use of the Service is at your own risk. You agree to indemnify, defend and hold us and our directors, officers, employees and agents harmless from and against any and all losses, liabilities, costs, expenses (including attorneys’ fees), damages and other claims that may result from your use of the Service or the use of your User Account by any other person, including without limitation any claim that any User Content (i) infringes on any third party's rights, including any intellectual property or proprietary rights, (ii) violates any obligation of privacy or confidentiality, (iii) violates any applicable law, statute, ordinance or regulation; or (iv) contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines or viruses.
IN NO EVENT WILL COMPANY, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, ECONOMIC, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, USER CONTENT, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FOR NEGLIGENCE OR ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF COMPANY HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF OR HARM TO PROGRAMS OR DATA OR YOUR INFORMATION PROCESSING SYSTEM. THE ENTIRE LIABILITY OF COMPANY TO YOU ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, BY STATUTE OR OTHERWISE) IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE SHALL BE LIMITED TO A REFUND OF ANY FEE PAID IN CONNECTION WITH YOUR USE OF THE SERVICE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE GIVING RISE TO THE CLAIM. The limitations upon damages and claims set forth in this section are intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective.
We may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the device are not available in all languages or in all countries. The Company makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Certain purchases by you of Company products may be conducted by an online authorized reseller using its own website, accessed through Company’s website, the online authorized reseller shall be the seller and merchant of record for such purchases. In these cases, your purchases from the authorized reseller will be subject to the terms and conditions imposed by the reseller, including the terms and conditions of its privacy policy. To the fullest extent permitted by law, we make no representation or warranty regarding the services provided by such authorized reseller and we expressly disclaim any responsibility or liability with respect to any purchases you make from the authorized reseller. Company does not ship any physical products to purchasers. For returns, please follow the links below to view the returns policies of our authorized resellers.

2Checkout Terms and Conditions
iTunes Terms and Conditions
Google Play Return Paid Apps & Games
Fastspring Terms of Use
Microsoft Store Returns
You acknowledge and agree that the Service contains proprietary content, information, text, images, graphics, and other material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not reproduce, distribute, or otherwise use such proprietary content, information or materials in any way whatsoever except as expressly permitted in this User Agreement or otherwise with Company’s prior written consent. You acknowledge that you have no right, title or interest in or to the Service, software, or documentation or any part thereof and will not, as a result of this Agreement, obtain any title in or to the Service, software, or documentation or any part thereof, nor any rights, except the limited rights expressly herein granted.

Portions of the Service use third-party libraries. The licenses for those third-party libraries are reproduced here in accordance with their licensing terms. These terms only apply to the libraries themselves, not to the Service.

Bootstrap
http://getbootstrap.com/
https://github.com/twbs/bootstrap
Copyright (c) 2011-2015 Twitter Inc
Licensed under the MIT License
https://opensource.org/licenses/MIT

browser
https://github.com/fnando/browser
Licensed under the MIT License
https://opensource.org/licenses/MIT

CanCan
https://github.com/CanCanCommunity/cancancan
Copyright (c) 2011 Ryan Bates
Licensed under the MIT License
https://opensource.org/licenses/MIT

CarrierWave
https://github.com/carrierwaveuploader/carrierwave
Copyright (c) 2008-2015 Jonas Nicklas
License: https://github.com/carrierwaveuploader/carrierwave#license

CarrierWave Backgrounder
https://github.com/lardawge/carrierwave_backgrounder
Copyright (c) 2011 Larry Sprock
License: https://github.com/lardawge/carrierwave_backgrounder#license

CarrierWave-BombShelter
https://github.com/DarthSim/carrierwave-bombshelter
Copyright (c) 2015 DarthSim
Licensed under the MIT License
https://opensource.org/licenses/MIT

Contentful
https://github.com/contentful/contentful.rb
Copyright (c) 2014 Contentful GmbH - Jan Lelis
Copyright (c) 2015-2018 Contentful GmbH - David Litvak
Licensed under the MIT License
https://opensource.org/licenses/MIT

Copy_CarrierWave_File
https://github.com/equivalent/copy_carrierwave_file
Copyright (c) 2013 Tomas Valent
Licensed under the MIT License
https://opensource.org/licenses/MIT

Delayed:jobs
https://github.com/collectiveidea/delayed_job
Copyright (c) 2005 Tobias Lütke
https://github.com/collectiveidea/delayed_job/blob/master/LICENSE.md

Devise
https://github.com/plataformatec/devise
Copyright 2009-2017 Plataformatec. http://plataformatec.com.br
Licensed under the MIT License
https://opensource.org/licenses/MIT

Devise Security
https://github.com/devise-security/devise-security
Copyright (c) 2011-2017 Marco Scholl
Licensed under the MIT License
https://opensource.org/licenses/MIT

Doorkeeper
https://github.com/doorkeeper-gem/doorkeeper
Copyright (c) 2011 Applicake. http://applicake.com
Licensed under the MIT License
https://opensource.org/licenses/MIT

Flatpickr
https://github.com/jiren/flatpickr_rails
Copyright (c) 2016 Jiren
Licensed under the MIT License
https://opensource.org/licenses/MIT

Fog-AWS
https://github.com/fog/fog-aws
Copyright (c) 2014-2017 CONTRIBUTORS.md
Licensed under the MIT License
https://opensource.org/licenses/MIT

google-apis-androidpublisher_v3
https://github.com/googleapis/google-api-ruby-client
Licensed under the Apache 2.0 License
http://www.apache.org/licenses/

httparty
https://github.com/jnunemaker/httparty
Copyright (c) 2008 John Nunemaker
Licensed under the MIT License
https://opensource.org/licenses/MIT

Ims-lti gem
https://github.com/instructure/ims-lti
Copyright (c) 2014 Instructure
Licensed under the MIT License
https://opensource.org/licenses/MIT

JQuery-AjaxQueue
https://github.com/gnarf/jquery-ajaxQueue
Copyright (c) 2012 Corey Frang
Licensed under the MIT License
https://opensource.org/licenses/MIT

JQuery-UI-Rails
https://github.com/jquery-ui-rails/jquery-ui-rails
Licensed under the MIT License
https://opensource.org/licenses/MIT

link-header-parser-ruby
https://github.com/jgarber623/link-header-parser-ruby
Copyright (c) 2019 Jason Garber
Licensed under the MIT License
https://opensource.org/licenses/MIT

LTI Utility
https://github.com/Brightspace/sample-LTI-WHMIS-quiz
Copyright (c) 2007 Andy Smith
Licensed under the MIT License
https://opensource.org/licenses/MIT

Matcap Shader
http://wiki.unity3d.com/index.php/MatCap
Copyright (c) 2010 Daniel Brauer
Licensed under the MIT License
https://opensource.org/licenses/MIT

MBProgressHUD

https://github.com/jdg/MBProgressHUD
Copyright (c) 2009 Matej Bukovinski
Licensed under the MIT License
https://opensource.org/licenses/MIT

noindex

https://github.com/michaelkhabarov/noindex

Licensed under the MIT License

https://opensource.org/licenses/MIT

NSDataAdditions

https://github.com/myell0w/TBXML-Encoded/blob/master/NSDataAdditions.m

https://opensource.org/licenses/MIT

omniauth

https://github.com/omniauth/omniauth

Licensed under the MIT License

https://opensource.org/licenses/MIT

omniauth-google-oauth2

https://github.com/zquestz/omniauth-google-oauth2

Licensed under the MIT License

https://opensource.org/licenses/MIT

omniauth-rails_csrf_protection

https://github.com/cookpad/omniauth-rails_csrf_protection

Licensed under the MIT License

https://opensource.org/licenses/MIT

PlayerPrefs (Objective C)
Copyright (c) 2010 Flashbang Studios, LLC
Licensed under the MIT License
https://opensource.org/licenses/MIT

PLCrashReporter
https://www.plausible.coop/
Copyright (c) 2008-2009 Plausible Labs Cooperative, Inc.
Licensed under the MIT License
https://opensource.org/licenses/MIT

Rails:
https://github.com/rails/rails/blob/master/activerecord/MIT-LICENSE
Licensed under the MIT License
https://opensource.org/licenses/MIT

Rails-Sortable
https://github.com/itmammoth/rails_sortable
Copyright 2013 itmammoth
Licensed under the MIT License
https://opensource.org/licenses/MIT

simplecov
https://github.com/simplecov-ruby/simplecov
Copyright (c) 2010-2017 Christoph Olszowka
Licensed under the MIT License
https://opensource.org/licenses/MIT

SimpleJSON
http://wiki.unity3d.com/index.php/SimpleJSON
Copyright (c) 2012-2017 Markus Göbel
Licensed under the MIT License
https://opensource.org/licenses/MIT

TBXML
Copyright (c) 2009 Tom Bradley
Licensed under the MIT License
https://opensource.org/licenses/MIT

Tree Multiselect
https://github.com/patosai/tree-multiselect.js
Copyright (c) 2015 Patrick Tsai
Licensed under the MIT License
https://opensource.org/licenses/MIT

UTF8
Copyright 2006 Nemanja Trifunovic
Licensed under the MIT License
https://opensource.org/licenses/MIT

Whenever
https://github.com/javan/whenever
Copyright (c) 2017 Javan Makhmali
Licensed under the MIT License
https://opensource.org/licenses/MIT

ARGOSY PUBLISHING, VISIBLE BODY® and associated logos and designs are trademarks of Company. Other trademarks used in the Service are the property of their respective owners, are registered where indicated, and are used by Company under license from their respective owners.
Company reserves the right to suspend or terminate your use of the Service via Web App by disabling your access to the Service immediately without notice if Company, in its sole discretion, determines that your use of the Service does not comply with this Agreement, or violates any local, state, national or international laws, or interferes with others’ use of the Service, or adversely affects operations of the Service.
No waiver by Company of your breach or default under this Agreement shall be deemed to be a waiver of any subsequent breach or default.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
This Agreement is personal to you and you shall not assign it to any other person or entity.
Unless prohibited by applicable law (for instance if you are a state-run educational institution), (i) this Agreement and any disputes related to this Agreement or your use of the Service shall be governed by the laws in effect in the Commonwealth of Massachusetts, regardless of conflicts-of-laws principles, and (ii) you expressly consent to the exclusive forum, jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts in all actions, disputes, or controversies relating to your use of the Service.
This Agreement and, if applicable, your institution’s license agreement, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges any prior understandings, statements, negotiations between the parties, whether oral or otherwise. In the event of a conflict between the terms of this User Agreement and the terms of your institution’s license agreement, the terms of your institution’s license agreement shall prevail.
You may not use or otherwise export or re-export a Service or any underlying software except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service and underlying software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service or any underlying software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Each Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Company reserves the right to change this User Agreement at any time, without notice, by posting the new or revised User Agreement on the Company’s website.

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