Copyright Compliance Department
Attn: Copyright Agent
5600 Spalding Drive
Unit 921697
Norcross, GA 30010
United States
ebm@ebmedicine.net
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
20. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Gwinnett, Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States District Court for the Northern District of Georgia, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
30. ACCREDITATION
EB Medicine is accredited the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians. A full CME statement is provided before all CME activities.
On December 11, 2020, the ACCME issued a policy and guidance on the use of high-value marketing incentives. These guidelines permit the use of incentives in a regulated manner. For more information, visit the ACCME’s website. Please note that your CME purchases may have implications for tax reporting purposes. The receipt for the gift-card associated purchase will designate the value of the gift card as a separate line item. If you receive a gift or gift card with your purchase, you may be required to report it for tax purposes. The cost of your CME product may or may not be tax-deductible when used for professional purposes. Please consult your tax advisor to determine your reporting requirements. EB Medicine does not provide tax advice.
31. FULFILLMENT
Orders placed online will be processed immediately and give you instant access. Orders for printed products will be processed and shipped within 72 business hours. If you do not receive your order or have any questions, please contact us.
32. COPYRIGHT AND USE OF CONTENT
The http://www.ebmedicine.net website as a whole is copyrighted and owned by EB Practice, LLC (d.b.a. EB Medicine).
EB Practice LLC (d.b.a. EB Medicine) PROHIBITS the use of our Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system. The content includes, but is not limited to text, photographs, images, illustrations, designs, audio clips, video clips, ‘look and feel,’ metadata, data, or compilations.
EB Medicine grants Single User Access to one person per paid subscription to Emergency Medicine Practice, Pediatric Emergency Medicine Practice, and/or Evidence-Based Urgent Care. Username and password must be kept confidential by the person initiating the account. Username and password may not be shared by, between, or among individuals. Sharing of username and password is a violation of our copyright and the Terms and Conditions of this website.
Customers will have full access to the content and CME as long as your subscription remains active. Once your subscription expires, you will no longer have access to the content or CME credit. To receive CME credit, even for issues that were published or that you accessed during your active subscription, you will need to reactivate your subscription.
Violation of these Terms and Conditions is an infringement of our copyright that will result in a revocation of the user's ability to access this website. Additionally, EB Medicine may pursue other remedies available to protect its copyright.
If you would like access to our content or CME for multiple people, please obtain a group subscription or site license.
In addition, trademarks belonging to us or to third parties appear on this site or are accessible through this site. The fact that we have permitted you access to this site does not constitute authorization to reproduce such trademarks for any other purpose.
By submitting any material to us, such as by posting a comment or response to an evaluation or survey, or by sending us an e-mail or other form of message, you are thereby granting us a non-exclusive license to reproduce, display, distribute, modify, and create derivative works from such material and to use such material and the fact of your authorship of it for marketing purposes. We reserve the right to remove material submitted by third parties.
33. REFUNDS
We are 100% committed to your satisfaction. If you are dissatisfied with your purchase for any reason, you may receive a full refund within 30 days of your purchase. Following the 30-day period, a prorated refund up to one full year of your subscription period will be offered; no refunds will be offered on non-subscription products purchased more than 30 days ago, and no refunds will be offered on multi-year subscriptions or for products in which the user has earned CME.
34. AUTOMATIC RENEWAL
Opting into our Automatic Renewal (“Auto Renew”) program is optional. If you opt in, you agree that these Terms & Conditions are a legal agreement between EB Practice, LLC (“EB Medicine”, “us”, or “we”) and the person (“you” or “your”) who opted into our Auto Renew program. If you do not understand any of these Terms & Conditions, please contact us before opting into our Auto Renew program. You may not opt into Auto Renew unless you agree to abide by all of these Terms & Conditions.
Auto Renew Terms: If you opt into Auto Renew: your subscription will automatically renew at the end of the term. We will email you a notice, including your expiration date and price, before the end of your subscription term, and we will automatically charge your credit/debit card via Stripe’s secure platform at the rate listed in your renewal email unless you cancel. This will continue annually in perpetuity until you cancel. The price is subject to change each year. You will be notified via email if the price changes, and you can cancel Auto Renew at any time. In order to enable Auto Renew, your credit card information will be stored securely on the Stripe platform using encryption and the highest industry standards for security.
Cancellation: You may cancel Auto Renew at any time by changing the settings in your Profile or contacting customer service by phone at 678-366-7933, by email at ebm@ebmedicine.net, or by mail at EB Medicine, 5600 Spalding Drive, Unit 921697, Norcross, GA 30010-1697. When you cancel Auto Renew, your subscription will expire at the end of the term; you will have the option to renew it manually at that time. If you wish to cancel your subscription immediately and receive a prorated refund for the remaining portion of your subscription, please contact our Customer Service Team at 678-366-7933 or ebm@ebmedicine.net.
Dispute Resolution; Agreement to Arbitrate: Should any dispute, claim, or controversy with EB Medicine arise out of or relating to these Terms & Conditions, you agree to resolve such dispute, claim, or controversy by arbitration and not in a lawsuit or class action suit. The breach, termination, enforcement, interpretation, or validity of any provision of these Terms & Conditions, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim, or controversy originating from these Terms & Conditions, will be determined by arbitration in Atlanta, Georgia before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. If the American Arbitration Association is no longer in business or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Northern District of Georgia to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the terms of this Agreement. Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
Right to Amend Auto Renew Terms: We reserve the right to amend these terms at any time. If the terms are amended, you will receive an email notification with specific details about the changes.
Special Pricing on Emergency Medicine Practice and Pediatric Emergency Medicine Practice for Graduating Residents: To facilitate lifelong learning, we offer graduating residents the discounted rate of $15/month for either Emergency Medicine Practice or Pediatric Emergency Medicine Practice, or $20.50/month for both publications, for the first 5 months after graduation. This rate is available only during an open enrollment period that begins in May each year. When you enroll in this pricing, you certify that you are a senior resident graduating in the current calendar year, and you authorize us to charge your credit card $15/month for a single publication or $20.50/month for both publications for 5 months. After 5 months, you will be automatically upgraded to the regular rate of $38/month for Emergency Medicine Practice or Pediatric Emergency Medicine Practice or $42/month for a bundled subscription to both publications. You will be notified via email prior to being upgraded, and you can cancel at any time.
Monthly Subscriptions: Customers who enroll in a monthly auto-renew subscription have full access to the content and CME as long as your subscription remains active. Once you cancel your subscription, you will no longer have access to the content or CME credit. To receive CME credit, even for issues that were published or that you accessed during your active subscription, you will need to reactivate your subscription.
35. NOT MEDICAL ADVICE; DISCLAIMERS
You understand and acknowledge that Emergency Medicine Practice, Pediatric Emergency Medicine Practice, Evidence-Based Urgent Care, and all content provided on or sold on http://www.ebmedicine.net are tools offered for your informational and educational purposes only and that you are responsible for using your professional judgment to evaluate and confirm the information you obtain. EB Medicine does not provide medical advice or legal advice and does not make diagnostic, treatment, or other clinical decisions or judgments. The information contained on this site and in EB Medicine publications are not a substitute for the competent analysis and professional judgment of healthcare professionals. The medical information that is provided to you is dependent upon the content that you access and the information that you select and enter as well the specifics of your situation. EB MEDICINE, LLC DOES NOT WARRANT OR GUARANTEE THAT THE MEDICAL INFORMATION OR ANY RESULTS OBTAINED THROUGH THE CONTENT WILL BE ACCURATE, RELEVANT, OR UP TO DATE. YOU, AND NOT EB MEDICINE, ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL MEDICAL INFORMATION, FOR MAKING DIAGNOSTIC AND CLINICAL DECISIONS, AND FOR COMPLYING WILL ALL LAWS, REGULATIONS, LICENSING REQUIREMENTS, AND THE APPLICABLE STANDARD OF CARE IN DELIVERING HEALTHCARE SERVICES.
By accessing http://www.ebmedicine.net, you assume full responsibility for the use of any information obtained and agree that neither EB Medicine nor any of its licensors, partners, affiliates, or content providers is responsible or liable for any claim, loss, or damage arising from the use of the information. EB Medicine does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses, or other information that may be mentioned in our products or on our website. Your reliance upon the content obtained or used by you is solely at your own risk.
36. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
EB Practice LLC
5600 Spalding Drive
Unit 921697
Norcross, GA 30010
United States
Phone: 1- 678-366-7933
Fax: 1-770-500-1316
ebm@ebmedicine.net
678-366-7933
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