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Terms and Conditions

Last Updated: September 13, 2019

Terms of Service

This web page represents a legal document that serves as our Terms of Service, and it governs the legal terms of our website, subdomains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by MicroHealth, LLC.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and MicroHealth, LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

Definitions

The terms “us” or “we” or “our” refers to MicroHealth, LLC, the owner of the Website.

  • A “Visitor” is someone who merely browses our Website, but has not registered as a Member.
  • A “Member” is an individual that has registered with us to use our Service.
  • Our “Service” represents the collective functionality and features as offered through our Website to our Members.
  • A “User” is a collective identifier that refers to either a Visitor or a Member.
  • Our “Content” collectively refers to all text, information, graphics, audio, video, and data offered through our Website.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. MicroHealth, LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Prohibited Activities

System (network) abuse is strictly prohibited. MicroHealth in its sole discretion may block you from engaging in system abuse.  The following is a non-exclusive list of actions, which constitute system abuse. Actions that constitute abuse include, but are not limited to:

  • Attempting to circumvent user authentication or security of any host, network, or account on MicroHealth systems, Website, or the Internet at large.
  • Attempting, in any way, to restrict, inhibit, interfere with, or degrade or deny service to any user, any host or any server on the Internet.
  • Falsifying, altering, or removing message headers.
  • Violating the regulations, rules or policies applicable to any network, server, computer database, or website that you access.
  • Unauthorized port scanning. Using or distributing devices used for compromising security, such as password gatherers or password guessing programs, decoders, encryption circumvention devices, packet sniffers, unauthorized keystroke loggers, analyzers, cracking tools, or Trojan Horse programs.
  • Posting inappropriate messages to the blog, e.g., posting large numbers of unsolicited posts indiscriminately or posting encoded binary files to the Website’s blog.
  • Attempting to cancel, supersede, or otherwise interfere with e-mail or blog posts other than one’s own.
  • Engaging in harassment, threats, intimidation or other inappropriate activities
  • Making any entry into MicroHealth’s Websites or systems to extract data without authorization, including PII and PHI.
  • Automated or manual generation of network traffic to simulate hits to blogs or other websites for reasons other than the good-faith intention of an Internet user to visit a website to purchase goods or services or to obtain information, or with the intent to promote an unrelated website. Examples: Click Fraud, Referrer Log Spamming, web-based comment spam.
  • Storing any material or content on, or disseminate any material or content over, MicroHealth’s system in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is MicroHealth’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, or who MicroHealth, in its sole discretion, believes is infringing these rights. MicroHealth may terminate service at any time with or without notice for any affected customer or User.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Our private MicroHealth Intranet, applications, and repositories contain propriety and sensitive information about our company, our affiliates, and may also contain Personally Identifiable Information (“PII”) or Protected Health Information (“PHI”).  MicroHealth, LLC is the owner of all information on the company Intranet and repositories. Your use of our Intranet, applications and repositories does not constitute any right or license for you to use such proprietary or sensitive information, without the prior written permission of MicroHealth. Our proprietary and sensitive information is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Intranet or the information on our repositories is strictly prohibited. Your use of our Intranet or repositories does not grant you ownership rights of any kind in our Website.

Revisions and Errata

The materials appearing on MicroHealth, LLC’s Website could include technical, typographical, or photographic errors. MicroHealth, LLC does not warrant that any of the materials on its Website are accurate, complete, or current. MicroHealth, LLC may make changes to the materials contained on its Website at any time without notice. MicroHealth, LLC does not, however, make any commitment to update the materials.

Disclaimer

THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MicroHealth, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MicroHealth, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS SITE OR THE INFO, MATERIAL, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, MicroHealth, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. MicroHealth, LLC DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR E-MAIL SENT FROM MicroHealth, LLC ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. MicroHealth, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL MicroHealth, LLC’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE).

Links to Other Websites

Our Website and/or Intranet may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. MicroHealth, LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Virginia, United States and shall be governed by and construed in accordance with the laws of Virginia, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. You agree to submit to the jurisdiction of the Courts in Virginia, including the United States District Court for the Eastern District of Virginia and the Circuit Court for the County of Fairfax. Any cause of action by you with respect to our Website and/or Intranet, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of MicroHealth, LLC under our Legal Terms shall survive the termination of our Legal Terms.