DISCLAIMER AND GENERAL RESTRICTIONS
Educational Use Only
The Site and its Services are purely for informational and educational purposes only, and in no way are they intended to replace the advice of a licensed health professional. Microtosis is not responsible for the use of any knowledge, information or facts gained from the Services in the practice of medicine, health care, research, or any related medical science applications, and users should always consult a licensed health professional or physician for health-related inquiries. Any methods, medications, protocols described in the Service may be subject to government regulation, and it is the responsibility of the physician or licensed health professional to comply with all applicable laws. While the information contained in the Service may be useful for educational purposes, you agree to understand that Microtosis is not affiliated with any medical school or national medical licensing board examination, and no guarantees are made that use of the Services will result in successful completion of any examinations of any kind.
Exclusions, Limitations, and Availability
All information provided in the Services are provided on an “as is” basis, and are not guaranteed to be free from inaccuracies or errors, typographical, factual, technological, or otherwise. All reasonable efforts will be used to maintain the Services and correct any errors, but no guarantees are made that all errors or defects will be corrected. You also agree that Microtosis provides no representations and warranties implying that Service access will be uninterrupted during the duration of your subscription to the Services. You agree that Service access may be intermittently suspended or interrupted due to technical issues, network errors, malware, and other unspecified challenges. You agree and understand that Microtosis shall not be liable, under any circumstances, for any such suspensions or interruptions of access to the Service. No guarantee is made that the Services will be compatible with and accessible on all hardware devices on all software platforms. No guarantee is made that the Service will be free from any malware, virus, or other harmful software code. Upon using these Services, you agree that no representation or warranty, express or implied, is provided, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement. Any content obtained or accessed through the Services is accessed at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such usage. Microtosis does not warrant, guarantee, endorse, or assume any responsibility for any product or service advertised or offered by a third party through the web site or any hyperlinked website or service, or featured in any banner or other advertising, and Microtosis will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Exclusion of Damages
To the maximum extent permitted by applicable law, in no event shall Microtosis, its affiliates, directors, associates, partners, agents, employees or representatives be liable for any indirect, exemplary, punitive, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the web site or services, regardless of the cause of action on which they are based, even if Microtosis or such other persons or entities have been advised of the possibility of such damages.
Limitation of Liability
In States which do not permit the exclusion or limitation of incidental or consequential damages, the above limitation or exclusion may not apply. The total aggregate liability arising out of or related to this agreement shall not exceed the amount paid by you during the six months preceding the bringing of any claim, or five hundred dollars, whichever is less.
Accessibility and Availability
The Services are controlled and operated from facilities in the United States. Microtosis makes no representations or warranties that the Services or external links are available or accessible in other countries. Individuals who access the Services from other jurisdictions do so at their own risk and are entirely responsible for compliance with local laws and regulations, including but not limited to export and import regulations. Microtosis will not be liable for failing to perform under this TOU by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Microtosis to perform, fire, terrorism, natural disaster or war.
The Services may only be used by individuals 18 years of age or older, or who have the express permission of an adult to use the Site. Your purchase of a subscription, use or access of the Service and its content is a representation that you are 18 years of age or older, or are otherwise an entity that can form legally binding contracts under applicable law.
Proprietary Information and Ownership
Except where expressly noted, the content and information contained in the Services is proprietary to Microtosis. You agree not to copy, reproduce, distribute, share, transmit, mirror, publish, modify, display, perform, license, create derivative works from, transfer, or sell or re-sell any materials, content, software, products or services obtained from or through the Services.
Intellectual Property and Use Restrictions
The Services contain copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, sound, and all such materials are protected by United States copyright laws. Except where expressly noted, the copyright in all material provided in the Services is held by Microtosis or its licensors. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part. Except as expressly permitted by Microtosis, no content from the Site may be copied, reproduced, distributed, republished, downloaded, shared, linked, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Microtosis or the copyright owner. You also may not, without the permission of Microtosis, “mirror” any material contained in the Services on any other server. Any unauthorized use of any content contained in the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You will not upload, post or otherwise make available in the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Microtosis for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. By submitting material to a public area of the Services, you grant Microtosis the right to edit, copy, publish and distribute any such material.
U.S. Government Restricted Rights
The materials in the Services are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use by the Government of the Services or materials constitutes acknowledgment of the proprietary rights of Microtosis.
Registration and Subscription to the Service
You agree to keep your Account information up-to-date with any changes in your personal information, and to maintain a strong and secure password for your account. You are solely responsible for the activity that occurs on your Account, and you agree to notify Microtosis immediately upon discovery of any unauthorized use of your Account. Users agree that the Service may only be used on a single device at any given time.
Non-Commercial, Private Use
The license granted herein to access the Services is restricted to a limited number of times over a limited period of time. Microtosis reserves the right to, now or in the future, restrict the number of times any one Account may view individual pages, videos, or other digital content contained within the Service. As used herein, “Non-Commercial, Private Use” means a use of the Services for which no fee or consideration of any kind (other than that which you pay to us to access the Services) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you alone. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing or accessing the Services.
Microtosis grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to stream, view, and privately display, for Non-Commercial, Private Use, the Digital Content Rented by you. Unless otherwise indicated, this license for the digital content present on the Service is limited to a term of 6, 12, or 24 months, depending on the particular subscription purchased, from the date of purchase. At the conclusion of the applicable paid Subscription term, you understand and agree that Microtosis may automatically delete your user account.
Risk of Loss
After subscribing to the Services, the user is responsible for maximizing usage of the Services during the subscription period. In the event that any digital content from the Service becomes unavailable, due to conditions or reasons beyond our control, Microtosis will not be liable for any such disruption or loss of access. Such conditions may include, but are not limited to, power outages, technological errors, system maintenance, programming errors, software issues, Acts of God, actions of third parties such as computer or software hackers, or others acting outside the law or in contradiction to this TOU.
Purchases and Payment
Microtosis reserves the right to set the pricing for subscriptions to the Service, and these prices may vary periodically without notice. You agree to pay all charges and applicable taxes that you incur at the prices in effect when your order is placed on the Site. Verification of your billing information may be required prior to our acceptance of your order. The Service describes the types of payment accepted at the time of purchase. By purchasing a subscription to the Service, you are expressly agreeing to be charged a membership fee at the then current rate plus any applicable tax for either a six (6) month, twelve (12) month, or twenty-four (24) month subscription to the Services, as well as any other charges you may incur in connection with your use of the Services, to the payment method you provided during registration. This subscription will commence upon completion of your order. When the subscription term to the Services expires, you will lose access to the subscriber features of the Service, unless you choose to purchase an additional subscription. Microtosis will not automatically bill you for any subscription renewals. Membership charges are fully earned upon payment. Due to the digital nature of the content, all payments are nonrefundable and there are no refunds for partially used subscriptions. Microtosis reserves the right at our sole discretion, at any time and for any reason, to provide discounts, refunds, or other undisclosed benefits to some or all of our members (“Benefits”). The offering of such benefits in no way guarantees that such benefits will be offered in the future. If the service uses any promotional codes, Microtosis, reserves the right to impose conditions on any such coupon or promotional code and to refuse any order in our sole discretion.
You may cancel any subscription to Microtosis at any time by sending us a message through your user account, which will be effective immediately. NO REFUNDS FOR ANY PARTIALLY-USED SUBSCRIPTION WILL BE OFFERED.
All Purchases Are Final
All subscriptions and purchase of the Services are final upon completion of the purchase.
Termination of Access to the Service
Microtosis has the right in its sole discretion, for any reason or no reason at all, with or without cause, without notice or liability to you or any third party, to terminate your access to the Site or Services. Such reasons may, without limitation, include your breach (intentional or otherwise) of any part of this TOU, your violation of the rights of any third party, or your violation of any law or regulation while accessing or using the Service.
Changes to the service
Microtosis reserves the right to temporarily or permanently change, update, alter, modify, suspend, or discontinue any or all aspects of the Service without notice, and will not be held liable for doing so.
Data Usage and Provider Charges
Use of the Services via a computer or mobile device via an internet service or telecommunications provider may result in usage of data bandwidth. Microtosis shall not be held liable, is not responsible, and makes no representations or warranties regarding charges to you from your internet service provider or mobile network provider for data streaming access to the Services. Please check with your internet or mobile network provider for applicable data charges.
Governing Law and Dispute Resolution
This TOU Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Michigan (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Oakland County, Michigan, and the parties irrevocably waive any objection to such venue.
Limitation on Actions
You agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Digital Millennium Copyright Act (“DMCA”) Notice
If and when materials are made available in the Services by third parties not under our control, we are under no obligation to, and do not, scan such content for the presence of impermissible, inappropriate, or illegal content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site, and we may remove content if, in our sole discretion, it appears to infringe upon the intellectual property of others. If you believe any materials on the Site infringe a copyright, you should provide us with written notice to: All DMCA notices should be sent to our designated agent as follows: Attn: Copyright Agent, Microtosis, LLC, 282 Belle Vernon Ct., Rochester Hills, MI, 48309. Legal@Microtosis.com. The notice should, at a minimum, contain:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Revisions to This Agreement
Microtosis reserves the right to revise this TOU Agreement at any time by updating this document, and posting the revised document at https://microtosis.com/terms-of-use. By using the Services, you agree to be bound by any such revisions, and should periodically visit this page to determine the then current terms to which you are bound.
Revised: February 15, 2018