Osmosis from Elsevier terms and conditions
By using the Osmosis website at https://www.osmosis.org/(opens in new tab/window) or other products and services (including mobile applications) (the "Site") provided to you on, from or through the Site (“Product” or "Products"), you agree to (1) the Elsevier Terms and Conditions, https://www.elsevier.com/legal/elsevier-website-terms-and-conditions and incorporated herein by reference, (2) Elsevier's Privacy Policy, https://www.elsevier.com/legal/privacy-policy and incorporated by reference herein; and (3) these Osmosis Terms and Conditions (collectively "Terms"). These Terms include any additional terms or products requirements applicable to the Products you use. If you do not agree to all of these Terms, do not use the Products.
Subject to your compliance with these Terms, Elsevier grants you a non-exclusive, non-transferable, right to access and use the content and functionality of the Products solely for your own personal, non-commercial use and solely in connection with your permitted use of the Products.
1. User age
Elsevier does not knowingly collect information from children under the age of 14 or target its services to children under 14. You may use the Products only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law. If you are under 18 or the legal age of majority in your jurisdiction, your educational institution, parent, or guardian must agree to these Terms on your behalf.
2. No Medical Advice
You acknowledge and agree that Elsevier provides no medical advice in connection with the Products. You should not rely on the information provided via the Products as a substitute for professional medical advice, diagnosis or treatment, nor does it replace same. Please seek professional medical advice, diagnosis or treatment for any medical concern or condition. Information provided in the Products is provided for informational purposes only and is in no way intended to substitute for consulting a medical or healthcare professional. Nothing stated or posted on the Products are intended to be, and must not be taken to be, the practice of medicine or any type of healthcare, the provision of medical or any type of healthcare or a tool to be relied upon by healthcare providers.
3. Osmosis – FERPA
To the extent that Elsevier accesses “education records” subject to the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g et seq., and the regulations promulgated thereunder, as amended (“FERPA”), Elsevier shall be considered a "school official" with “legitimate educational interests” in such “education records,” as those terms have been defined under FERPA, and will comply with its obligations under FERPA.
4. Osmosis Platform – Use of Learning Data and Aggregated Analytics Data
Data will be generated in the course of your use of Products and related services on the Site, which may include, but not be limited to, your student record, academic performance, test results, your grades and quiz scores, instructor feedback, your personal learning behaviors including various metrics related to your learning and remediation of particular subject materials ("Learning Data"). Elsevier, through its Products available via the Site, will collect, maintain, process, have access to, and use Learning Data to:
(i) confirm your identity to ensure authorized use and security for the Products,
(ii) analyze (separately or with data that Elsevier receives from third parties) for developing and improving the Products, and
(iii) provide you with coaching support for select Products (ii) analyze and provide relevant information about your learning (including adaptive and remediation) and usage of the Products to you as well as your instructor(s) and administration at the institution you are affiliated with.
If you have access via an Institutional Subscription, Elsevier, through its Products available via the Site, will collect, maintain, process, have access to, and use Learning Data to generate reports and analytics around learning and performance (both individual and for entire class/cohort) for use by your instructor(s) and administration at the institution you are affiliated with. Such Aggregated Analytics Data may also be used for providing student-level metrics to institution’s faculty and/or administration for the intention of assessing and predicting your learning and exam performance.
The Learning Data along with general usage data may be used in the aggregate, anonymous, and de-identified manner by Elsevier for analysis related to benchmarking, research and analytics, Elsevier Product development and improvement, general metrics about your institution’s performance as compared to other institutions when delivered at the institution, program or cohort-level (collectively "Aggregated Analytics Data").
5. Content
Creative Commons Licenses. You may view User Content from contributors provided under a Creative Commons license. Certain Creative Commons licenses, such as Attribution-NonCommercial-ShareAlike (BY-NC-SA), prohibit its use for commercial purposes without prior written approval and require attribution to Elsevier and the content author. For more information about this Creative Commons license, click here.(opens in new tab/window) You may not use such content for commercial purposes unless you have the written consent of Elsevier. If you want to reproduce such content you must properly attribute Elsevier and the content author. Some content, such as lecture slides, course syllabi, and professors’ notes, may not be covered by the Creative Commons license. Such content may not be shared. Please contact us at [email protected] if you have questions about what content may be shared.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of Osmosis, any right, title, or interest in or to such content delivered via the Products or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
Approval as a Contributor. To post Content to the Products, you must be approved by the proprietors and administrators, which may include Elsevier and educational institution employees. You agree that Elsevier has the right of final approval for all contributors and that such approval shall be carried out at Elsevier’s sole discretion.
6. Participation In Research Studies on Osmosis
You may choose to participate in research studies conducted on the Products by answering questions in questionnaires. By answering questions in such questionnaires through the Products, you consent to take part in the research study and to have data collected through the questionnaires, including your name and other identifying information, shared with research institutions. Elsevier may also share aggregate response data (e.g., number of questions answered, accuracy, time spent) with your educational institution. If you are a student at such research or educational institutions, your choice to participate in a research study and aggregate information about your question responses may be used by such institutions and/or professors according to their policies. You should contact your institution or professor for more information about how such information will be used.
7. Communications
We may communicate with you by email or by posting notices on the Products.
You agree to receive email from Elsevier at the email address you provided to us for customer service-related purposes.
Push Notifications from Elsevier. You may also receive push notifications and/or text messages for both content delivery and customer service-related purposes. By downloading the Product mobile app and requesting that we communicate information to you by push notification, you consent to receive push notifications on your mobile device (e.g. smartphone or tablet) as requested. In addition, standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off these notifications by navigating to the Settings page of the app and disabling the push notifications.
We are not responsible for the timeliness or final delivery of the push notification, as this is out of our control and is the responsibility of network relays.
Text Messages from Elsevier. By providing us your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive commercial text messages at that number as requested. We may charge you a fee if you sign up to receive text messages. In addition, standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting UNSUBSCRIBE in reply to text messages from Elsevier. You may also be able to change your text message preferences using the Products.
We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Log In Issues. In the event that you forget your username/password or are unable to log in, please e-mail us at [email protected](opens in new tab/window).
Changes to Products. If Elsevier makes any material changes to the Products, you will be notified within the Products or by email. Notwithstanding the above, Elsevier has no obligation to update or enhance the Products or to produce or release new versions of same. As the Products are evolving over time, Elsevier may change or discontinue all or any parts, features, components or functions of the Products.
8. Devices requirement
You must satisfy certain device and system requirements in order to access and use the Products via your Device. For the mobile applications, these requirements can be found on the relevant Application provider store. For website access, you are required to use browsers that support TLS 1.2 or above.
9. Other Platforms
Some Products on this Site are available for download through certain local institutional learning management system platforms. You understand that since such Products will be running on your local system rather than this Site, student account creation and course enrollment must be performed by your local institution and not Elsevier. Any problems related to system and/or product access should be directed to your local technical system support resources.
10. Trademarks
Osmosis® is a registered trademark of Elsevier in the United States and other jurisdictions. All other trademarks appearing on the Products are the property of their respective owners.
11. Institutional Subscription
If your Institution (corporation, university, hospital) (“Institution”) has purchased the subscription to the Product for you (“Institutional Subscription”), additional terms agreed between Elsevier and your Institution may apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.
12. Elsevier Personal Digital Subscriptions additional terms and conditions for Osmosis
If you purchase your subscription to the Product directly from the Site, the Elsevier Personal Digital Subscriptions additional terms and conditions for Osmosis as set forth in section 12 will apply to your use of the Product.
12.1 Subscription accounts
You may choose to pay for a subscription for a particular type of access, as set out in the Products (“Subscription Account”). In the event that you purchase a Subscription Account, the fees for your Subscription Account will be billed from the date that you convert to a Subscription Account and, if auto-renew is available and enabled for your payment method, on each renewal date thereafter, unless and until you cancel your Subscription Account. If auto-renew is available, it will be enabled by default, and Elsevier or the Application Provider will automatically charge your credit card on each renewal date corresponding to the commencement date of your initial subscription. You acknowledge that the amount charged to your card may vary if you purchase promotional offers, change your account or the amount of sales tax varies and you authorize Elsevier or the Application Provider to charge your credit card for such varying amounts. If any fee is not paid in a timely manner or if Elsevier or the Application Provider is unable to process the payment using the Payment Information provided, Elsevier reserves the right to revoke your access to your Subscription Account and content associated with your Account.
12.2 Authorized Uses
You may:
access, search, browse, use and view the relevant content and functionalities within their paid Subscriptions;
share a link to select portions of the Subscriptions with other Authorized Users via email or messenger functionality;
copy and paste portions of content within the Subscriptions for personal non-commercial use;
print out single pages of the content available within the Subscriptions for personal non-commercial use.
12.3. Access to Subscriptions
Elsevier will make the Subscriptions accessible using the Individual Access Credentials as set forth herein.
12.4. Authentication
Access to the Subscriptions will be authenticated by the use of Individual Access Credentials defined as the username/password.
12.5. Payment
By purchasing or subscribing to the Products, you expressly authorize Elsevier (or its third party processor, such as Apple App Store, Google Play Store, or any other platform via which Elsevier makes the Products available (the “Application Platform”)) to charge you for the Products and any purchases that you make in the Products. Elsevier, or its third-party payment processor, may ask you to supply information for the processing of your payment, including, but not limited to, your credit card number, the expiration date of the credit card, your address and any additional information to verify your identity (the “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented as any such Payment Information. You authorize Elsevier to provide your Payment Information to third parties in order that your payment for the Products or and any in- app purchases that you might make (plus any applicable taxes and other charges) can be completed.
12.6. Fee changes
Elsevier may change the price for the Products (for periods not yet paid), from time to time and will communicate any fee changes to you in advance and, if applicable, how to accept those changes. Fee changes will take effect at the start of the next Renewal Term (“Renewal Term”) following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Subscription after the price change takes effect. If you do not agree with a Fee change, you have the right to reject the change by unsubscribing from the Product prior to the Fee change going into effect.
If you wish to change your Payment Information, you can do so by accessing your Account section in the Elsevier platform or in the appropriate section of your Application Provider. It is your responsibility to keep your Account information and Payment Information updated.
12.7. Term
Access to the Subscriptions will commence on the date indicated on the order confirmation email.
a) Single term Subscriptions, i.e. Subscriptions that do not auto-renew are cancelled automatically after the Initial Term ends. Authorized Users can extend the Subscription for another Term by going to the “My Subscriptions” page. b) For Subscriptions that auto-renew (as stated in the order confirmation e-mail and checkout flow) those Subscriptions will be automatically renewed for successive terms equivalent to the duration of the Initial Term (each a "Renewal Term"), unless either party gives notice to the other no later than the last day at the end of the then current term that it does not intend to renew.
The Initial Term and each Renewal Term are collectively the "Term”.
12.8. Product cancellation and Refund Policy
If auto-renew is available and enabled for your payment method, your Subscription Account will continue in effect unless and until you cancel it or we terminate it. If you do not wish to renew your Subscription Account, and auto-renew is enabled you must cancel your subscription before it renews in order to avoid billing of the next renewal period’s fees to your credit card. If auto-renew is not available or not enabled for your payment method, your Subscription Account will automatically terminate after the term. SUBSCRIPTION ACCOUNTS ARE PREPAID AND NON-REFUNDABLE. ELSEVIER DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. You may cancel your subscription at any time and cancellation will be effective immediately. If you wish to cancel your subscription, you may do so in the relevant Account section but please note that you will not be issued with a refund.
If you purchased your Subscription through an Application Provider, you may cancel your Subscription in your Application Provider’s account.
Consumers in the European Union have the right to cancel the purchase until fourteen (14) days after the date the Subscription was purchased by sending written notice of cancellation by email to the Site's customer service department. A model cancellation form is available below for your use but you are not obliged to use this method of cancellation.
If you cancel the purchase on this basis, we will reimburse to you the payment received from you.
Model Cancellation Form
To [See contact us page for details]
I hereby give notice that I cancel my contract [DELETE AS APPLICABLE: [for purchase of the following products/for the supply of the following service].
Ordered on:
Received on:
Name of consumer:
Address of consumer:
Signature of consumer:
Date:
12.9. Free Trial Offers
If you have subscribed to your Subscriptions on a free trial basis, you will not be charged until the end of your free trial. Where applicable, the Free Trial Period shall commence when you create an Account and end at the earlier of: (a) the end of the free trial time period as set out in the Products; or (b) the time at which you purchase or subscribe to the Products. For EU Customer, your right of withdrawal mentioned in section 12.8 starts to run from the first day of the Initial Term of your paid Subscriptions.
12.10. Termination
Upon termination or expiration of the Subscriptions, your access to the Subscriptions shall cease. However, where applicable for the relevant Subscriptions, any records of Continuing Medical Education credits can be accessed post termination or expiration. Elsevier may also terminate or suspend any and all Products and access to your Account, without notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination.
Updated 17 October 2022