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Terms of Use

This user agreement (this “Agreement”) from OpenStax (a part of William Marsh Rice University) describes the terms and conditions on which you may use the OpenStax educational service and content (collectively, the “Service”). If you do not accept and agree to be bound by the terms and conditions of this Agreement, you may not access or use the Service.

Your access or use of the Service constitutes your acceptance of and agreement to be bound by the terms and conditions of this Agreement, including, but not limited to, any policies and procedures incorporated by reference. In addition, your use of any particular part of the Service shall be subject to such additional terms and conditions as may be posted from time to time.

OpenStax may amend this Agreement at any time by posting the amended terms on the website, and such amended terms shall become effective 30 days after being initially posted to the website. This Agreement may not otherwise be amended except in writing signed by you and an authorized representative of OpenStax.

Each individual work in the Service is offered for license to you by the author of that work on the terms and conditions set forth in the Creative Commons license associated with that individual work. You are required under U.S. copyright law, the equivalent laws of other countries, and international treaties to respect the copyrights of those authors and to use their works subject to the terms and conditions of their respective licenses and applicable law. You may only copy, modify, distribute and otherwise use the works in the Service in accordance with a license to do so or as may otherwise be permitted under applicable law.

All other content/information/imagery in the Service (including logos, taglines, book covers, text copy, web site design, etc; excluding textbook content and content licensed from other entities) is Copyright Rice University All Rights Reserved.

Neither OpenStax nor Rice University undertakes any obligation to review or monitor any content submitted to the Service and shall not have any responsibility or liability in connection therewith. OpenStax and Rice University may remove content if it is deemed appropriate to do so by OpenStax or Rice University, in their sole discretion, including, but not limited to, to comply with law or legal process, to respond to third party complaints, to enforce the terms and conditions of use, or to protect OpenStax or Rice University.

THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE ARE ENTIRELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL OPENSTAX OR RICE UNIVERSITY, OR ITS TRUSTEES, OFFICERS, EMPLOYEES AND REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE OPERATION, MAINTENANCE, ACCESS OR USE OF THE SERVICE. This paragraph shall survive any expiration or termination of this Agreement.

OpenStax and Rice University reserve the right at any time and from time to time, in their sole discretion, to modify or discontinue, temporarily or permanently, the Service with or without notice. OpenStax and Rice University, and its trustees, officers, employees and representatives, shall not have any responsibility or liability to you or to any third party in the event of any such modification, suspension or discontinuance of the Service.

This Agreement shall be interpreted and enforced under the laws of the United States and the State of Texas, without giving effect to its conflicts or choice of law principles. You are responsible and liable for complying with all applicable laws in connection with your access or use of the Service. In the event a dispute arises related to this Agreement or your access or use of the Service, you agree to submit to the jurisdiction of the courts located in Harris County, Texas.

IF YOU BECOME A REGISTERED USER OF OPENSTAX, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OPENSTAX AND RICE UNIVERSITY, AND ITS TRUSTEES, OFFICERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICE, YOUR SUBMISSION OF ANY CONTENT TO THE SERVICE, OR YOUR VIOLATION OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. This paragraph shall survive any expiration or termination of this Agreement.