You agree that these Terms of Use, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of the Terms of Use must be brought in a state or federal court in Suffolk County, Massachusetts. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.</p> <p>If you are a federal, state, or local government entity in the United States using Scratch in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Massachusetts (excluding choice of law).</p>