The materials on this site are protected by copyright laws and may not be reproduced, modified, displayed, transmitted, or otherwise published without the prior written consent of Emergency Medicine Cases. You may access the materials on this website only for your personal, non-commercial use. You may not use a single personal subscription for any group related education. Sharing of your personal subscription is strictly prohibited.
The materials on this site are provided for general medical education purposes only and are not meant to be applied rigidly and followed in all cases. Use of this information in a particular situation remains the professional responsibility of the practitioner. In no event will Emergency Medicine Cases or any of it’s staff or participants be liable for any decision made or action taken in reliance upon the information provided. Emergency Medicine Cases and it’s staff will not be liable for any direct, indirect, special, incidental or consequential damages (including, without limitation, damages resulting from lost profits or revenue; loss of use of or reliance on the service, information provided or of any executable programs; loss of use of data or equipment; medical errors and malpractice or any other similar damages) arising out of the use or inability to use the website or any content obtained through the website.
Subscription Terms and Conditions
These terms and conditions set out the conditions relating to the sale or gift of subscriptions whether in print or online or both, to the publication(s) or services you have indicated in any order form, submitted online, via telephone or any other means including letter or email. Any agreement to purchase a subscription or access to our publications is with Medicine Cases Ltd. (“Medicine Cases”). Medicine Cases is a private limited company, incorporated in Canada. Medicine Cases’s registered office is situated at 216 Balmoral Avenue, Toronto ON, Canada.
- Types of subscriptions and what is included
- Each subscription/access right is personal to the subscriber, and is a non-exclusive, non-transferable right of access from the date of contract, fully in accordance with our licence at Clause 6 below.
- We reserve the full editorial control over our publications and services and reserve the right to make changes, including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about, unlawful, or which has not been complied in accordance with our requirements, and includes the look, feel and functionality of our publications and services.
- Placing an order and our acceptance
- When placing an order and/or making a payment, the process will only be available in English.
- When you request a subscription ( which includes renewals or subscriptions) whether online or via mobile downloads (as applicable to the publication or service), this subscription will be in perpetuity, unless Clause 2.3 below applies or as otherwise stated herein. You are entitled to cancel your subscription at any time. Should you renew any subscription, unless otherwise advised, this renewal and future renewals will be subject to these Subscription Terms and Conditions.
- Subscriptions/access rights are supplied subject to availability, remaining in current circulation and continuing to be owned by us or licensed to us. In the event that we are unable to supply any subscriptions/access rights for the agreed term, we will inform you as soon as possible and provide you with a pro rata refund in the event that you have paid for a period for which we cannot comply. To the fullest extent permitted by law, we will not however be liable for any other direct or indirect losses, nor any losses (as set out in Clause 6), caused as a result of not being able to supply you with the subscriptions for all or any of the periods subscribed to. This does not affect your statutory rights.
- Your Account Details
- If your request for a subscription/access rights is accepted, you will be responsible for maintaining confidentiality of your online account, restricting access to your computer and/or preventing unauthorised access to your account. You agree to take responsibility for all activities that occur under your account. If you believe that your account is being or is about to be used by anyone else you should inform us immediately via [email protected].
- Prices and Payments
- Whilst we try to ensure that all prices we display and quote are accurate, errors may occur. If we discover any error in the prices of the subscriptions you have ordered and this is greater than what you have paid, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel for this reason and we have already processed your payment, you will receive a full refund.
- Licence and acceptable and prohibited use of our content and website(s)
- Downloading to screen, printing, or saving of small proportions of the online subscribed material for personal use is permissible. No commercial use of any part of Medicine Cases publications is permitted without the prior, express written permission of Medicine Cases. Systematic downloading is prohibited as is the creation of derivative works or other adaptation from the subscribed materials without Medicine Cases’s prior written consent. For the avoidance of doubt, framing of our websites or any part of them is not permitted, without our express written permission.
- Subscribers must not allow online or mobile access to any Medicine Cases subscribed material to third party who is not explicitly stated as the subscriber, the licence therefore is personal to the individual and cannot be transferred or sub licensed.
- The content, layout, design, data, databases and graphics on our websites and within our print publications are protected by Canada and other international intellectual property laws and are owned by Medicine Cases and/or its licensor’s. Unless expressly permitted in writing, or as otherwise permitted by virtue of the Website Terms and Conditions and other than printing a small proportion of content or displaying this on your screen (strictly for your personal non-commercial use), no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor shown in public.
- Medicine Cases’s trademarks and logos which are displayed on any relevant website are the trademarks of Medicine Cases and its Licensor’s. Any use including framing, meta tags or other text utilising Medicine Cases’s trademarks or other trademarks displayed, is strictly prohibited without our (or our Licensor’s) express written consent.
- Any material you upload to our sites will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and you grant us a transferable, royalty free, worldwide, irrevocable licence to use, copy, distribute, edit, amend, disclose and sub licence to third parties any such material for any purpose, in any media. We may remove, edit or amend any such material at any time without notice to you. To the extent moral rights attach to any material to the fullest extent permitted by law these are waived in our favour. All material must adhere to the requirements of Clause 5.6. We will also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their rights including without limitation their intellectual property rights, reputational rights or of their right to privacy.
- Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made using the contact us details or permission request pages on the relevant website(s).
- You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:
- Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity
- to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
- To cause annoyance, inconvenience or needless anxiety
- Our websites contain links including hyperlinks which may take you outside Medicine Cases websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside Medicine Cases websites, and such websites use will be subject to relevant terms and conditions and privacy policies.
- You may link to articles or the home page of the Medicine Cases website otherwise you must not deep link to any of our websites or link to our home pages without our agreement in writing. You may not provide a link which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.
- Disclaimers and limitations of liability
- General disclaimers
- Description or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by Medicine Cases and in which case it is subject to the disclaimers limitations of liability herein and within any licence or other agreement with you the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.
- We try and ensure our websites are available for use 24 hours per day, 7 days per week other than for a small period for scheduled down time, however we do not warrant that at other time our websites will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the any of our websites inaccessible to you.
- Additional product specific disclaimers
- Emergency Medicine Cases is intended for use by licensed medical health professionals. You are responsible for your decisions on diagnosis, treatment and follow up for a patient, or from choosing or not choosing specific treatments based on this. The content does not, provide any conclusive check lists, endorse drugs, diagnose patients, or recommend therapy. Users should use their professional judgement in using Medicine Cases content, which is done at their own risk. They should always check and ensure that in each situation at the point of care they are qualified to consult and/or treat and/or prescribe at the point of care of a patient. Categories presented indicate a judgement about the evidence and strength of evidence available to our authors prior to publication and the relevant importance of benefit and harms. Medicine Cases relies on its authors to confirm the accuracy of the information presented to prescribe generally accepted practices.
- Users should be aware that professionals in the field may have different opinions. Because of this fact and because of regular advances in medical research and the possibility of human error, users should independently verify specified diagnosis methods, evidence, treatments, follow up, drugs and any contraindications or side effects including via manufacturers guidance. Also, the categories and information do not indicate whether a particular diagnosis, evidence, treatment and/or follow up is generally appropriate or whether it is up to date and suitable for a particular individual. Please also note that information whilst not warranted to be accurate, is generally updated annually, so may be out of date. Ultimately it is the User’s responsibility to make your own professional judgements, so to appropriately advise and treat yourself or your patients.
- Limitation of Liability
- General disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDICINE CASES EXPRESSLY EXCLUDES:
- ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;
- ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
- ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND
- OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THREE TIMES THE FEES YOU HAVE PAID TO US. YOU AND MEDICINE CASES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE OUR PUBLICATIONS.
- Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the general policies and conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and the closest enforceable substitute (if possible) will be included and the excluded clause will not affect the validity and enforceability of any remaining conditions.
- Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Third Party Rights Exclusion
No party, who is not party to any contract which may be entered into by us, may enforce the terms of that contract and therefore we hereby exclude the operation of the Contracts
- Governing law and jurisdiction
To the fullest extent permitted by law, this Agreement will be governed by the laws of Ontario Canada and shall be governed and construed in accordance with the laws of Ontario Canada whose courts shall have exclusive jurisdiction, unless as at the date of formation of this Agreement either i) an English judgement could not be enforced in the Subscriber’s stated country location; or ii) it would take six months or more for Medicine Cases to enforce an English judgement in the subscriber’s stated country location, then it is hereby agreed that this Agreement shall be governed by the laws of the subscriber’s stated country (or state if applicable) and their courts shall have jurisdiction. Notwithstanding any of the above, this clause is governed by the laws of Ontario Canada.