Terms of Use
1. Introduction
This web site is owned and operated by Microscopy Learning Systems, Inc. (hereinafter “MLS” or “Licensor”). The terms 'Us,' 'We,' 'Website,' or 'Licensor' includes our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns. This page contains proprietary rights notices and Terms of Use of this site. By using this site, you accept these Terms of Use. If you do not agree to these terms of use, please do not use this site. You may be referred to as the Licensee. The terms 'You' or 'Licensee' includes you and any of your employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
2. Disclaimers
THE WEB SITE AND THE INFORMATION AND MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. MLS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEB SITE OR ITS CONTENTS. MLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEB SITE, YOU EXPRESSLY ACKNOWLEDGES THAT MLS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OF THE WEB SITE, SPECIFICALLY: (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE WEB SITE IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY, OR ITS COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEB SITE, LINKS ARE PROVIDED TO OTHER WEB SITES OVER WHICH MLS HAS NO CONTROL. MLS PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY WEB SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST MLS WITH RESPECT TO SUCH WEB SITES. EXCEPT AS SPECIFICALLY STATED ON THIS WEB SITE, NONE OF MLS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE, OR ANY HYPERLINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
3. Copyrights
All content included on this site, including, but not limited to, images, text, graphics, logos, and button icons, is the property of MLS or its content suppliers and is protected by United States and international copyright laws. All content on this site that is not the property of MLS is used with permission. The arrangement and compilation of all content on this site are the exclusive property of MLS and are protected by U.S. and international copyright laws. All software used on this site is the property of MLS or its software suppliers and is protected by United States and international copyright laws. You may not download, reproduce, or otherwise use or license any of the copyrighted material from this website without prior written consent from MLS.
4. Use of Content on the Site
You may view, print contents from the Site subject to the following conditions: (i) the content may be used solely for information purposes; (ii) you may not download, or take screen shots of any of the content found in the Site, and (iii) the content in the Site may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any image, trademark, logo, or other proprietary information (including images, text, page layout, or form) of MLS without the express written consent of MLS. You may not use any meta tags or any other "hidden text" utilizing MLS’s name or trademarks without the express written consent of MLS. You may not use any MLS logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by MLS.
5. Indemnification
You agree to defend, indemnify, and hold MLS, its officers, directors, employees, agents, licensers, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions.
6. No Assignment
You cannot assign this Agreement, or any aspect of your rights and responsibilities.
7. Consent to Use Information
When you communicate with MLS, you grant MLS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
8. No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by MLS as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
9. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MLS and its affiliates reserve the right to refuse service, terminate accounts, or cancel orders in their sole discretion.
10. General
MLS is based in Highlands Ranch, Colorado, in the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the MLS site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the Terms of Use for any reason whatsoever.
11. Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with MLS or in any way relating to your use of the MLS site, resides in the Courts of the State of Colorado, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of Colorado in connection with any dispute including any claim involving MLS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the laws of the State of Colorado, without respect to its conflicts of law principles. If any provisions in these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. Miscellaneous
(i) These Terms of Use contain the complete and entire understanding and agreement between you and MLS, and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
(ii) These Terms of Use may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
(iii) These Terms of Use may be amended by MLS at any time and without notice, by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both parties.
(iv) Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition of these Terms of Use you agree to periodically check these Terms of Use.
(v) You agree that your continued use of our product or service after that date will constitute your consent and acceptance of any amendment to these Terms of Use.
13. Contact Information
If you have any questions about these Terms of Use or about this web site, please feel free to contact the site administrator support@mlsedu.com.