Effective: January 10, 2017
The terms of the Business User-Specific Supplement (“Business User-Specific Supplement”) below supplement and amend Business User’s Contract (as defined in our Terms of Service) if Business User falls into the corresponding category of Business User. If there is any conflict between the Business User-Specific Supplement and the Contract, the applicable terms in the Business User-Specific Supplement will prevail. Nothing in this Business User-Specific Supplement makes us a government contractor for any federal, state, local, or foreign government.
- I. U.S. Government Business Users
- II. State or Local Government Business Users
- U.S. Government Business Users
If Business User is a U.S. government or U.S. public entity (or use of the Services is for the U.S. Government), the terms of the Business User-Specific Supplement in this Section I apply.
- A. Use By or For the U.S. Government. The Services are a “commercial item,” as defined at 48 C.F.R. §2.101, and constitute “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related Documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
- B. Indemnification, Auto-Renewal, Venue, Legal Fees: The sections in the Contract titled “Indemnity,” “Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver,” and “Choice of Law and Forum” are hereby waived to the extent they are inconsistent with federal law.
- State or Local Government Business Users
This Section II applies to Business User if Business User is a state or local government, but only to the extent the Services are being used in an Authorized User’s official capacity as a state or local government official. The sections in the Contract titled “Indemnity,” “Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver,” and “Choice of Law and Forum” will not apply to Business User only to the extent Business User’s jurisdiction’s laws prohibit Business User from accepting the requirements in those sections.