TERMS AND CONDITIONS

1. Agreement and Acceptance

1.1 Binding Agreement. These Terms constitute a legally binding agreement between EB Medicine and each person who accepts these Terms or accesses or uses the Services after receiving notice of them (“you” or “your”). Each Authorized User is bound individually, regardless of whether access was purchased or provided by another person or organization. A Customer Organization is also bound if it accepts a Purchase Document incorporating these Terms, purchases, requests, authorizes, or permits activation of the Services after receiving notice of these Terms, or otherwise accepts these Terms to the extent permitted by applicable law. A person accepting these Terms, purchasing Services, or administering access on behalf of a Customer Organization represents that the person has authority to act on its behalf. If a Signed Agreement applies, Section 4 governs the relationship and order of precedence between that Signed Agreement and these Terms.

1.2 Acceptance. You accept these Terms by checking a box or clicking a button indicating acceptance, creating or activating an Account, accepting a Purchase Document that incorporates these Terms, paying for or requesting activation of Services after receiving notice of these Terms, or accessing or using the Services after being presented with these Terms, in each case to the extent permitted by applicable law.

1.3 Scope. These Terms apply to the Services and Content wherever hosted, displayed, delivered, accessed, downloaded, or received, including through an EB Medicine website or subdomain, email, a direct link, or a third-party website, application, platform, or technology. Certain Services or third-party platforms may be subject to additional terms identified at purchase or access, but such additional terms do not expand a user’s rights in Content or supersede these Terms unless EB Medicine expressly agrees otherwise in a Signed Agreement.

1.4 Changes. We may revise these Terms from time to time. The revised version will state its effective date. We may provide additional notice of material changes by email, through the Services, or by requesting renewed acceptance where required by law or reasonably determined appropriate by EB Medicine. Your continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law. Changes will not amend a Signed Agreement except as expressly permitted by that Signed Agreement.

2. Eligibility and Authority

2.1 Age. The Services are intended only for persons who are at least eighteen (18) years old or the age of legal majority in their jurisdiction, whichever is greater. We do not knowingly permit minors to register for or use the Services.

2.2 Capacity and Accuracy. You represent and warrant that you have legal capacity to enter into these Terms; that all information you provide is true, accurate, current, and complete; and that you will keep it current.

2.3 Organizational Authority. A person who purchases, administers, activates, or uses Services for an organization represents and warrants that the person is authorized to do so and to bind the organization to the applicable Purchase Document and these Terms.

2.4 Compliance. You will use the Services only in compliance with these Terms, the applicable Purchase Document or Signed Agreement, professional obligations, and all applicable laws and regulations.

3. Definitions

“Access Scope” means the specific Services and authorized scope of access identified in the applicable Purchase Document or Signed Agreement, including access granted to a named individual, a stated number of seats assigned to named individuals, one or more Licensed Locations, or a combination of those models.

“Account” means an account, login, credential, access token, IP-authenticated session, single sign-on identity, or other means of accessing the Services.

“AI Output” means any response, summary, citation, excerpt, answer, or other material generated or displayed through AI Search.

“AI Search” means any artificial-intelligence-enabled search, question-and-answer, summarization, retrieval, or related feature made available through the Services.

“Authorized User” means a specific individual permitted to access the Services within the applicable Access Scope.

“Content” means all content and materials owned, controlled, developed, commissioned, or licensed by EB Medicine and made available by or on behalf of EB Medicine, regardless of format, location, hosting provider, platform, access method, or means of delivery. Content includes materials displayed, hosted, embedded, transmitted, accessed, downloaded, or received through the Services, an EB Medicine website or subdomain, email, a direct link, or a third-party website, application, platform, or technology. Content includes publications, articles, blog posts, text, excerpts, summaries, tables, figures, images, illustrations, designs, pathways, checklists, algorithms, calculators, questions, answers, quizzes, assessments, explanations, CME activities, curricula, courses, presentations, audio, video, podcasts, metadata, databases, compilations, selection and arrangement, software, interfaces, website design and look and feel, AI Output, and related materials, whether owned by EB Medicine or licensed from others.

“Customer Organization” means the legal entity identified in a Purchase Document or Signed Agreement. Unless expressly stated, it does not include affiliates, parent entities, subsidiaries, commonly controlled entities, related health systems, facilities, campuses, departments, clinics, hospitals, or other organizations.

“Derived Materials” means any material, product, service, data, output, or work created using, based on, incorporating, reproducing, extracting, summarizing, paraphrasing, translating, adapting, reorganizing, annotating, transforming, or otherwise reflecting any Content, whether or not the result constitutes a “derivative work” under copyright law and whether created for commercial, educational, internal, nonprofit, or other purposes.

“Licensed Location” means one physical facility located at one unique street address and expressly included in the applicable Access Scope. Multiple departments, emergency departments, clinics, or service lines at the same street address constitute one Licensed Location unless the Purchase Document or Signed Agreement expressly states otherwise. Facilities at different street addresses are separate Licensed Locations.

“Purchase Document” means a quote, proposal, order form, invoice, order confirmation, renewal notice, enrollment screen, online order, checkout disclosure, or other record issued or accepted by EB Medicine that identifies purchased Services where no separate Signed Agreement exists.

“Services” means all websites, domains, subdomains, applications, platforms, subscriptions, publications, content offerings, courses, products, features, functionality, and services owned, operated, offered, provided, branded, or made available by or on behalf of EB Medicine, including, without limitation, www.ebmedicine.net and any successor, replacement, or additional domain or subdomain, whether hosted or operated by EB Medicine or delivered through third-party technology. The Services include EB Medicine offerings or functionality accessed through an EB Medicine domain or subdomain, embedded or integrated tools, email links, direct URLs, or third-party websites, applications, or platforms. “Services” does not include the independent products, functionality, or services of a third-party provider merely because EB Medicine uses, links to, references, integrates with, or permits access through that provider; however, all Content made available through that provider remains subject to these Terms.

“Signed Agreement” means a site, enterprise, group, master subscription, license, services, order, amendment, or similar agreement separately executed by EB Medicine and the applicable customer.

4. Priority of Terms and Purchase Documents

4.1 Signed Agreements. If you or your Customer Organization is covered by a Signed Agreement, the Signed Agreement governs the Services and users it covers. If these Terms directly conflict with that Signed Agreement, the Signed Agreement controls to the extent of the direct conflict. These Terms supplement the Signed Agreement on matters that do not conflict, including individual user conduct, credential security, prohibited uses, and use of AI Search, except where the Signed Agreement provides otherwise.

4.2 No Signed Agreement. If no Signed Agreement applies, these Terms and the applicable Purchase Document constitute the governing agreement. The Purchase Document controls the purchased products, price, payment schedule, term, trial, renewal, and Access Scope. These Terms control all other matters, including ownership, permitted use, prohibited use, remedies, disclaimers, indemnification, liability, and disputes, unless an authorized EB Medicine officer expressly agrees otherwise in a signed writing.

4.3 Order of Precedence. Unless a Signed Agreement expressly provides otherwise, the order of precedence is: (a) a later signed amendment expressly identifying the provision it changes; (b) the Signed Agreement; (c) the Purchase Document for the specific commercial details listed in Section 4.2; (d) these Terms; and (e) policies or supplemental rules incorporated by reference.

4.4 No Implied Expansion. Marketing statements, technical access, prior conduct, course of dealing, an employer relationship, common ownership, a shared network, or payment by an organization does not expand the Access Scope or grant rights not expressly stated in a Signed Agreement, Purchase Document, or these Terms.

5. Services, Subscriptions, and Access Scope

5.1 Access Scope. The applicable Purchase Document or Signed Agreement determines the Access Scope. Access may be granted to a named individual, a stated number of seats to be assigned to named individuals, one or more Licensed Locations, or a combination of these models.

5.2 Default Scope. If the applicable Purchase Document does not clearly grant organizational, seat-based, location-based, or enterprise access, access is limited to one named individual. No enterprise-wide, system-wide, network-wide, affiliate-wide, library-wide, or other multi-user license will be implied.

5.3 Changes to Content. Medical knowledge, editorial priorities, accreditation requirements, technology, and product offerings change. We may update, correct, replace, reorganize, withdraw, or discontinue Content or features at any time, subject to any express commitment in a Signed Agreement.

5.4 No Consulting or Medical Direction. Unless a Signed Agreement expressly states otherwise, the Services do not include consulting, supervision, clinical decision support, medical direction, legal advice, or responsibility for an organization’s training or compliance program.

6. Individual, Seat-Based, and Location-Based Licenses

6.1 Individual Subscription. An individual subscription is licensed solely to the named individual. The individual may access the subscription from different devices and physical places for the individual’s own permitted use, but may not share the Account or make Content available to any other person.

6.2 Seat-Based Access. Each seat must be assigned to one named individual before use. Seats may not be shared, pooled, rotated to avoid purchasing additional seats, or used concurrently by multiple people. Reassignment is permitted only by authorized EB Medicine staff and in accordance with reasonable EB Medicine procedures.

6.3 Location-Based Access. A location-based license permits access only for Authorized Users who are employed or contracted by the Customer Organization and assigned to, primarily work at, or provide services for a Licensed Location included in the Access Scope. Separate street addresses are separate Licensed Locations. Personnel and facilities at unlisted addresses are excluded.

6.4 Same-Address Facilities. Multiple departments, emergency departments, clinics, units, or service lines operating at the same street address are treated as one Licensed Location unless the Purchase Document or Signed Agreement expressly prices or identifies them separately.

6.5 Remote and Temporary Access. A named Authorized User assigned to a Licensed Location may access the Services remotely or while temporarily working elsewhere for that individual’s own permitted use. This convenience does not extend location-wide access to an unlicensed facility or authorize sharing with personnel of an unlicensed facility.

6.6 Technology Does Not Expand Scope. Access through IP authentication, proxy servers, EZproxy, VPN, single sign-on, library portals, shared networks, or other approved methods is a technical convenience only and does not expand the Access Scope.

6.7 Additional Users or Locations. A Customer Organization must promptly notify EB Medicine before adding or enabling additional users, seats, facilities, or locations. Additional access requires EB Medicine’s approval and payment of applicable fees.

7. Accounts, Administrators, and Credential Security

7.1 Account Security. Each user must maintain the confidentiality of Account credentials, use reasonable security measures, and promptly notify EB Medicine of suspected loss, disclosure, compromise, or unauthorized use. You are responsible for activity occurring through your Account to the extent permitted by law.

7.2 No Credential Sharing. Usernames, passwords, access links, tokens, and authentication methods may not be shared, transferred, posted, or used by anyone other than the Authorized User to whom they are assigned.

7.3 Administrators. A Customer Organization may designate administrators to assign seats, manage Authorized Users, receive usage and CME reports, and perform other administrative functions. The Customer Organization is responsible for administrator actions and for promptly removing access when a user is no longer authorized.

7.4 Customer Responsibility. A Customer Organization is responsible for access and use by or through its Authorized Users, administrators, systems, domains, IP addresses, proxy servers, single sign-on, networks, and other access methods. The Customer Organization must ensure that its Authorized Users receive notice of these Terms, comply with the applicable Access Scope and use restrictions, and take reasonable steps to prevent unauthorized access or use. To the extent permitted by law, the acts and omissions of its Authorized Users and administrators in connection with the Services will be treated as acts and omissions of the Customer Organization.

7.5 Account Information. We may require users and administrators to verify identity, professional role, organization, location, or other information reasonably necessary to administer access, prevent misuse, or maintain accreditation records.

8. Ownership of Services and Content

8.1 Ownership. EB Medicine and its licensors retain all right, title, and interest in and to the Services, Content, trademarks, service marks, logos, software, databases, selection and arrangement, and all related intellectual-property and proprietary rights. Content is licensed, not sold.

8.2 No Transfer. Access to or payment for the Services, or the downloading, printing, saving, or receipt of any Content, including AI Output, does not transfer ownership or grant any right other than the limited license expressly stated in these Terms, the applicable Purchase Document, or a Signed Agreement. All rights not expressly granted are reserved.

8.3 Third-Party and Contributor Content. Some Content may be owned by or licensed from authors, editors, illustrators, institutions, or other third parties. Your rights are limited to the license expressly granted through the Services, regardless of who owns a particular element.

8.4 Copyright and Proprietary Notices. You may not remove, obscure, alter, or interfere with any copyright, trademark, attribution, disclaimer, source citation, technological measure, or other proprietary notice included in the Services or Content.

9. Limited Permitted Personal Use

9.1 License Grant. Subject to (a) payment of all applicable fees, if any; (b) continued eligibility for any free, trial, or promotional access; (c) the applicable Access Scope; and (d) continued compliance with all governing terms, EB Medicine grants each Authorized User a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license during the authorized access period to access and use the Services and Content made available within the applicable Access Scope solely for that Authorized User’s personal education and study. Continued use of copies lawfully downloaded or printed after expiration or termination is governed exclusively by Section 16.6.

9.2 Personal Copies. Where the applicable functionality is made available, an Authorized User may download or print Content, including saving or printing AI Output, solely for that Authorized User’s own personal education and study. Personal copies may not be shared, distributed, posted, uploaded, displayed, taught from, incorporated into other materials, or used on behalf of another person or organization.

9.3 No Other Rights. Except for the limited uses expressly stated in this Section, no other use is permitted. Attribution to EB Medicine does not make an otherwise prohibited use permissible. No license arises by implication, estoppel, industry practice, or course of dealing.

9.4 Nonwaivable Rights. Nothing in these Terms restricts a right that applicable law expressly makes nonwaivable. Any permitted statutory use is limited to the scope required by that law and does not grant broader contractual rights.

10. Prohibited Uses and Derived Materials

10.1 General Rule. Except as expressly authorized in a Signed Agreement or in a separate written permission signed by EB Medicine, you must not, and must not permit another person or system to, use the Services or Content in any manner not expressly permitted by these Terms.

10.2 Content Restrictions. Prohibited activities include, without limitation:

• copying, reproducing, republishing, distributing, transmitting, displaying, performing, selling, licensing, sublicensing, renting, lending, translating, adapting, modifying, or commercially exploiting Content, except for the limited personal copies permitted by Section 9;
• sharing Content or AI Output with colleagues or other persons, whether orally, electronically, in print, through screen sharing, or by any other means;
• using Content or AI Output in a presentation, lecture, handout, curriculum, staff training, protocol, guideline, checklist, clinical pathway, policy, patient chart, medical record, publication, public communication, social-media post, newsletter, or other material;
• uploading or placing Content or AI Output in a learning-management system, intranet, shared drive, document repository, organizational knowledge base, database, library system, collaboration platform, or similar environment;
• creating, commissioning, distributing, or using Derived Materials;
• scraping, crawling, mining, harvesting, systematically retrieving, bulk downloading, indexing, extracting, copying, or compiling Content or data from the Services;
• using Content to train, fine-tune, ground, augment, test, validate, benchmark, evaluate, prompt-engineer, or develop an artificial-intelligence system, machine-learning model, large language model, retrieval-augmented generation system, clinical decision system, automated knowledge system, or other software;
• creating embeddings, vector representations, retrieval indexes, datasets, model weights, or databases from Content;
• using automated prompts, scripts, bots, agents, spiders, offline readers, or repeated queries to reproduce, reconstruct, approximate, discover, or extract Content;
• using the Services or Content to create, improve, validate, or support a competing publication, course, educational service, clinical product, software product, or commercial offering;
• sharing credentials; enabling access beyond the Access Scope; using an Account under a false identity; or circumventing seat, location, payment, security, or access restrictions;
• reverse engineering, decompiling, disassembling, decoding, probing, or attempting to derive source code, prompts, system instructions, architecture, security features, or nonpublic functionality, except to the limited extent applicable law expressly prohibits this restriction;
• introducing malicious code; disrupting or overburdening the Services; attempting unauthorized access; or interfering with another user;
• using the Services unlawfully; infringing another person’s rights; impersonating another person; or submitting fraudulent, defamatory, threatening, harassing, or deceptive material; or
• removing or altering proprietary notices, citations, warnings, or disclaimers.

10.3 Contractual Scope. These restrictions apply whether the prohibited use is commercial or noncommercial, internal or external, attributed or unattributed, manual or automated, performed directly or through a third party, and whether or not the resulting material is independently copyrightable or legally qualifies as a derivative work.

10.4 Written Permission. Permission for a particular use is effective only if stated in a Signed Agreement or a separate written authorization signed by EB Medicine. Permission for one use does not authorize any other use.

11. AI Search Terms

11.1 Limited Purpose. AI Search is provided solely as an educational and study aid. IT IS NOT A CLINICAL REFERENCE, POINT-OF-CARE RESOURCE, MEDICAL DEVICE, CLINICAL DECISION-SUPPORT SYSTEM, MEDICAL ADVICE, DIAGNOSIS, TREATMENT RECOMMENDATION, EMERGENCY RESOURCE, OR SUBSTITUTE FOR INDEPENDENT PROFESSIONAL JUDGMENT.

11.2 Eligibility. AI Search is available only to users and subscription levels designated by EB Medicine at the applicable time. We may add, change, restrict, suspend, or discontinue eligibility or functionality at any time, except to the extent an applicable Signed Agreement expressly guarantees particular eligibility or functionality.

11.3 Content-Limited Design. AI Search is designed to answer questions using Content designated by EB Medicine as source material and, when it cannot do so, to indicate that it does not know or cannot answer. We do not warrant that AI Search will always follow those instructions, identify every limitation, retrieve the correct source, or avoid generating unsupported material.

11.4 Mandatory Source Verification. You must independently verify every material statement in AI Output by opening and reviewing the cited EB Medicine source before using the information for any purpose. You must confirm the source’s date, context, applicability, dosage information, contraindications, warnings, and consistency with current authoritative information. The underlying source—not AI Output—controls. If a source cannot be located, opened, or verified, you must not rely on or use the AI Output.

11.5 Possible Errors and Omissions. AI Output may be inaccurate, incomplete, outdated, misleading, fabricated, internally inconsistent, incorrectly cited, taken out of context, or unsuitable for a particular purpose. It may omit material information or combine Content in a way that changes meaning. EB Medicine does not guarantee any AI Output.

11.6 No Patient Information. You must not enter, submit, disclose, or include in AI Search any Protected Health Information (“PHI”), individually identifiable health information, patient name or identifier, medical record, image, patient-specific narrative, case description based on an identifiable or actual patient, sensitive personal information, confidential information, or information subject to a privacy or security obligation—even if you believe the information has been de-identified. AI Search is not offered under a business associate agreement unless EB Medicine expressly signs a separate written agreement stating otherwise.

11.7 Personal Use Only. You may save or print AI Output solely for your personal education and study. You must not copy AI Output into a patient chart or medical record; share it with colleagues; use it in teaching, presentations, protocols, pathways, or organizational materials; publish or distribute it; or use it to create Derived Materials.

11.8 No Extraction or Reconstruction. You must not prompt or use AI Search to reveal system instructions; reproduce or approximate an article, issue, course, assessment, answer key, archive, database, or other Content; generate a substitute for a subscription; or evade access or output limits.

11.9 AI Conversation and Usage Data. Subject to the Privacy Policy and applicable law, questions submitted through AI Search, AI-generated responses, citations, feedback, and other conversation content may be transmitted to EB Medicine’s authorized technology providers and may be collected, exported, copied, stored, accessed, reviewed, analyzed, and otherwise processed by EB Medicine and its authorized personnel, authors, editors, contractors, consultants, and service providers.

EB Medicine does not associate the content of a user’s questions or AI-generated responses with the user’s name, email address, Account, IP address, persistent session or device identifier, or other identifying account information. Separately, EB Medicine may collect usage and engagement information that can be associated with an individual user, including whether the user clicked a citation, source link, or link to Content displayed with or following an AI-generated response. If a user’s access is purchased or provided by a Customer Organization, EB Medicine may provide that organization or its authorized administrators with identifiable or aggregated usage and engagement information, including citation and link-click activity, but not the content of the user’s questions or AI-generated responses. The collection, use, disclosure, and retention of this information are further described in the Privacy Policy.

EB Medicine may use conversation content and related usage and engagement information to provide, administer, secure, monitor, troubleshoot, evaluate, test, and improve AI Search and the Services; create, revise, evaluate, or improve Content; conduct research and analytics; develop new products or features; and train, fine-tune, test, evaluate, or otherwise improve artificial-intelligence or machine-learning systems. EB Medicine may also share or publish examples or excerpts after reviewing them to remove any names or other identifying details contained in the conversation. Published examples will not be attributed to an individual user.

Applicable retention periods, including retention by EB Medicine’s technology providers and retention of copies exported or stored by EB Medicine, will be described in the Privacy Policy. EB Medicine may retain aggregated, anonymous, or appropriately deidentified information for the purposes described in this Section as permitted by law.

AI Search is not intended for confidential communications. You must not submit PHI, patient-identifiable information, confidential information, trade secrets, or other sensitive information. To the extent you hold rights in a question, feedback, or other material submitted through AI Search, you grant EB Medicine a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, transferable, and sublicensable license to reproduce, store, modify, analyze, create derivative materials from, disclose, publish, and otherwise process and use that material for the purposes described in this Section.

11.10 Third-Party Technology. AI Search may rely on third-party technology providers. Processing of personal information is described in the Privacy Policy. Third-party technology does not alter your obligations or grant rights in Content or AI Output.

11.11 Assumption of Responsibility. You are solely responsible for deciding whether and how to use any information obtained through AI Search, for independently verifying it, and for all professional, clinical, legal, regulatory, and other consequences of your actions. EB Medicine and its authors, editors, reviewers, licensors, and providers do not make decisions for you and are not responsible for your reliance on AI Output.

12. User Comments, Feedback, and Testimonials

12.1 User Submissions. “User Submissions” means comments, survey responses, evaluations, reviews, testimonials, suggestions, ideas, support messages, and other feedback voluntarily submitted to EB Medicine outside a separate author, editor, contractor, or content agreement. The Services do not currently provide a public user-posting forum, but EB Medicine may choose to publish User Submissions.

12.2 License. You retain any ownership rights you have in a lawful User Submission. You grant EB Medicine a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, transferable, and sublicensable license to reproduce, publish, display, distribute, excerpt, reformat, and otherwise use the User Submission in any media now known or later invented for editorial, promotional, advertising, sales, research, product-improvement, and other lawful business purposes. EB Medicine may make minor edits for length, grammar, formatting, or clarity but will not knowingly materially alter the meaning.

12.3 Limited Attribution Consent. Unless you request anonymity before publication, you authorize EB Medicine to publish a User Submission using either (a) your first initial, last name, suffix or professional credential, and/or location, or (b) your first name, last initial, suffix or professional credential, and/or location. Use of a full name, photograph, employer, or other identifying information requires separate permission unless you expressly submitted the material for publication in that form.

12.4 Your Assurances. You represent that your User Submission is truthful and reflects your genuine experience; that you own or have permission to submit it; and that it does not contain PHI, patient information, confidential information, trade secrets, unlawful material, or content that infringes another person’s rights.

12.5 Editorial Discretion. EB Medicine has no obligation to publish a User Submission and may decline, edit as permitted above, or remove it. Nothing in these Terms restricts your right to make a lawful review or imposes any restriction prohibited by the Consumer Review Fairness Act.

12.6 Author and Commissioned Content Excluded. User Submissions do not include manuscripts, authored articles, editorial contributions, illustrations, recordings, lectures, course materials, commissioned works, or other content submitted under an author, editor, employment, independent-contractor, work-made-for-hire, license, or other separate agreement. That separate agreement exclusively governs such content and controls in the event of conflict.

13. Purchases, Payment, Trials, Renewals, Cancellation, Refunds, and CME Access

13.1 Orders and Payment. You must provide accurate and current purchase, billing, tax, and Account information. Access to paid Services is conditioned on receipt of valid payment in full unless EB Medicine agrees otherwise in writing. Prices are stated in U.S. dollars unless indicated otherwise. Applicable taxes and shipping charges may be added.

13.2 Failed Payments and Chargebacks. If a payment is declined, reversed, charged back, not received when due, or otherwise fails, EB Medicine may withhold, suspend, or terminate access until all amounts and applicable costs are paid. Payment disputes do not authorize continued access or use.

13.3 Order Acceptance and Corrections. EB Medicine may accept, reject, limit, or cancel an order and may correct pricing, product, availability, or descriptive errors. If we cancel a paid order before providing access or fulfillment, we will refund the amount paid for the canceled item, unless the cancellation results from fraud, chargeback, misuse, or another breach.

13.4 Trials, Promotional Offers, and Free Access. Trials and promotional access may be free or paid and may vary in duration, included Services or Content, eligibility, conversion, cancellation, and other terms. The disclosures presented with the applicable offer control those details. If a user provides payment information for a trial and affirmatively agrees to the disclosed conversion terms, the trial will automatically convert to a paid subscription at the end of the specified trial period. Free resident and student access does not automatically convert to a paid subscription. Other promotional access will not automatically convert unless the applicable conversion terms are clearly disclosed and affirmatively accepted by the user. EB Medicine may modify or discontinue trials and promotional access prospectively.

13.5 Optional Automatic Renewal for Individual Subscriptions. Automatic renewal applies only when a user affirmatively enrolls in an automatically renewing subscription, including through an eligible converting trial. If you affirmatively enroll, your subscription will renew at the end of each term, and the authorized payment method will be charged the disclosed renewal price and applicable taxes until you cancel. We will provide renewal and price-change notices as stated in the applicable offer and required by law. You may cancel automatic renewal through your Account settings or by contacting Customer Service. Cancellation stops the next renewal and ordinarily takes effect at the end of the then-current paid term unless an immediate cancellation and refund is approved under Section 13.7.

13.6 Contract Renewals. Renewal, notice, pricing, cancellation, and termination terms in an applicable Signed Agreement control for the customer and Services covered by that Signed Agreement.

13.7 Refunds. We are 100% committed to your satisfaction. If you are dissatisfied with your purchase for any reason, please contact us so we can resolve the issue. Subject to nonwaivable law: (a) a customer dissatisfied with a purchase may request a full refund within thirty (30) days after purchase; (b) after thirty days, an eligible subscription may receive a prorated refund for the remaining portion of the subscription term, but not beyond the first year of the subscription; (c) no refund is available for a non-subscription product more than thirty days after purchase; (d) no refund is available for a multi-year subscription; (e) no refund is available for a product or subscription for which the user has earned CME credit; and (f) no refund or credit is available following suspension or termination for fraud, chargeback, credential sharing, unauthorized access, content misuse, scraping, creation of Derived Materials, AI misuse, PHI submission, or another breach of these Terms. A Signed Agreement’s refund terms control where applicable.

13.8 Content and CME Access After Expiration. Customers will have full access to Content and CME through the Services only while the applicable subscription remains active. Once a subscription expires, the customer will no longer be able to access Content through the Services or claim CME credit through the expired subscription. To receive CME credit—even for an issue or activity published, purchased, or accessed while the subscription was active—the customer must reactivate or renew the applicable subscription, subject to then-current availability and CME requirements.

13.9 Fulfillment. Online orders are ordinarily granted immediate access after successful payment. Printed products are ordinarily processed and shipped within seventy-two (72) business hours, subject to availability, carrier delays, force majeure, and any different disclosure at purchase.

14. Privacy, Data Use, and Prohibition on Patient Information

14.1 Privacy Policy. The EB Medicine Privacy Policy describes how we collect, use, disclose, retain, and protect personal information and is incorporated into these Terms. If there is a direct conflict concerning personal-information practices, the Privacy Policy controls unless a Signed Agreement or legally required data-processing agreement provides otherwise.

14.2 No PHI or Patient Information. The Services are not designed to receive PHI, medical records, or patient-specific information. You must not submit such information through search, AI Search, forms, support channels, User Submissions, or any other part of the Services. EB Medicine does not agree to act as a business associate merely because a user or Customer Organization is a healthcare provider or covered entity.

14.3 Organizational Reporting. Where access is purchased or provided by a Customer Organization, EB Medicine may provide the Customer Organization and its authorized administrators with identifiable or aggregated information regarding Authorized Users, access, usage, assignments, assessments, completion, CME activity, and engagement with the Services, including whether an Authorized User clicked a citation, source link, or link to Content displayed with or following an AI-generated response. EB Medicine does not associate the content of questions submitted through AI Search or the corresponding AI-generated responses with individual Authorized Users. Organizational reporting may be further described in the applicable Purchase Document, Signed Agreement, or Privacy Policy. Nothing in this Section restricts disclosures required by applicable law.

14.4 User Responsibility. You are responsible for information you submit, for securing your device and Account, and for complying with privacy, confidentiality, employment, and professional obligations applicable to you.

15. Third-Party Services and Content

15.1 Third-Party Services. The Services may use or link to third-party websites, platforms, payment processors, authentication services, AI technology, analytics, or other providers. Third-party services are governed by their own terms and privacy practices. EB Medicine is not responsible for third-party services outside its reasonable control. A third party’s terms may govern the user’s access to or use of that party’s platform or technology, but they do not grant any ownership interest or additional right to copy, share, distribute, repurpose, extract, or otherwise use Content.

15.2 Third-Party Content. Content may reference third-party research, products, drugs, devices, services, websites, or opinions. Reference or linking does not constitute endorsement, warranty, or responsibility for the third party or its materials.

15.3 External Use at Your Risk. If you leave the Services or use a third-party product or service, you do so at your own risk and should review the applicable terms, privacy practices, official labeling, and authoritative information.

16. Monitoring, License Verification, Suspension, and Termination

16.1 Monitoring and Verification. To protect the Services, Content, users, and license scope, EB Medicine may monitor and review usage data, access logs, IP addresses and ranges, device and browser information, registration domains, download activity, identifiable citation and link-click activity, anonymous or aggregated query patterns, seat assignments, Licensed Locations, proxy configurations, single-sign-on attributes, and other commercially reasonable information, subject to the Privacy Policy and applicable law.

16.2 Cooperation and True-Up. A Customer Organization must reasonably cooperate with a license-scope review. If EB Medicine reasonably determines that access exceeded the Access Scope, it may require remediation, disable unauthorized access, and invoice for additional users, seats, or Licensed Locations at the applicable or then-current rate, without limiting other remedies.

16.3 Immediate Suspension. EB Medicine may immediately suspend or restrict access, without prior notice, when it reasonably suspects content misuse, scraping, credential sharing, unauthorized access, a security threat, PHI submission, violation of the Access Scope, payment failure, unlawful activity, another actual or reasonably suspected material breach of these Terms, or conduct that may harm EB Medicine, the Services, Content, users, or third parties. We may provide notice when reasonably practicable.

16.4 Non-Curable Breaches and Immediate Termination. Repurposing Content; creating or using Derived Materials; scraping, mining, bulk extraction, or systematic retrieval; uploading Content to an AI system, LMS, knowledge base, or repository; using Content to train, ground, evaluate, or develop AI or software; reconstructing Content through AI Search; credential sharing; intentional circumvention; or other unauthorized exploitation of Content constitutes a material, non-curable breach. Upon a reasonable determination that such conduct occurred, EB Medicine may immediately terminate affected Accounts and Services without prior notice, opportunity to cure, refund, credit, or liability.

16.5 Other Termination. EB Medicine may terminate or suspend access for another material breach if the breach is not cured within any cure period EB Medicine elects to provide or that applicable law or a Signed Agreement requires. We may terminate free access or discontinue Services as permitted by Section 18.3.

16.6 Effect of Suspension, Expiration, or Termination. During a suspension, the applicable license is suspended, and the affected user must cease accessing and using the Services and Content until EB Medicine restores access. Upon expiration, cancellation, or termination other than for cause, the right to access the Services and obtain additional copies of Content ends. However, an Authorized User may retain and continue using copies of Content lawfully downloaded or printed before access ended solely for that Authorized User’s personal education and study, subject to Sections 8 through 10 and all other continuing restrictions in these Terms. Retained copies may not be shared, distributed, posted, repurposed, incorporated into other materials, or used to obtain CME credit after the applicable access ends.

Upon termination for cause based on breach, misuse, nonpayment, or other conduct attributable to the user or Customer Organization, all applicable licenses end immediately. The affected user and Customer Organization must immediately cease all access to and use of the Services and Content and delete or destroy all copies of Content within their possession, custody, or control, including copies that were lawfully downloaded, saved, or printed before termination, together with all Derived Materials. Upon request, they must certify compliance in writing. This deletion requirement does not apply to separately purchased physical products or transaction and CME records that must be retained for legitimate recordkeeping purposes. Expiration, suspension, or termination does not eliminate payment obligations, accrued claims, or provisions intended to survive.

16.7 Related Accounts and Re-Registration. We may suspend or terminate Accounts reasonably connected to misuse or created to evade enforcement. A terminated user may not create or use another Account without EB Medicine’s written permission.

16.8 Remedies Preserved. Suspension, termination, true-up fees, and deletion obligations are cumulative and do not limit EB Medicine’s right to seek damages, injunctive relief, attorneys’ fees where available, or other legal or equitable remedies.

17. Medical, Educational, AI, and CME Disclaimers

17.1 Educational Purposes Only. Emergency Medicine Practice, Pediatric Emergency Medicine Practice, Evidence-Based Urgent Care, all other EB Medicine publications and products, and all Content and Services are provided solely for informational, continuing-education, and study purposes. They are not medical advice, legal advice, clinical decision support, medical direction, diagnosis, treatment, or a substitute for the competent analysis and independent professional judgment of qualified healthcare professionals.

17.2 No Clinical Reliance. You—and not EB Medicine—are solely responsible for evaluating and verifying information, exercising professional judgment, making diagnostic and clinical decisions, determining treatment, complying with laws and licensing requirements, and meeting the applicable standard of care. The Services must not be used as the sole basis for patient care or in place of consultation with appropriate professionals and authoritative sources.

17.3 Errors, Omissions, and Evolving Knowledge. Medical knowledge, evidence, guidelines, regulations, standards, product labeling, and accepted practices change continually. Content and AI Output may contain errors, omissions, outdated information, differing expert interpretations, or information that is incomplete or inapplicable to a particular setting. EB Medicine does not warrant or guarantee that medical information, citations, recommendations, or results will be accurate, complete, relevant, current, or suitable for any individual, patient, organization, or purpose.

17.4 Drugs, Devices, Doses, and Off-Label Uses. Before using any information concerning a drug, biologic, device, dosage, indication, contraindication, warning, interaction, procedure, or off-label use, you must independently consult current official prescribing information, regulatory materials, authoritative references, institutional policies, and other appropriate sources. EB Medicine does not endorse or recommend any particular drug, test, physician, product, procedure, opinion, or off-label use merely because it appears in Content.

17.5 No Professional Relationship. Access to or communication through the Services does not create a physician-patient, clinician-patient, consultant-client, attorney-client, supervisory, fiduciary, medical-director, or other professional relationship with EB Medicine or any author, editor, reviewer, licensor, or provider.

17.6 AI Search. Without limiting Section 11, AI Search is a general education and study feature only and is not a clinical reference. You must verify AI Output against the cited source and current authoritative information. Your reliance on AI Output is solely at your own risk.

17.7 Clinical Outcomes and Claims. EB Medicine does not warrant or guarantee clinical outcomes, operational outcomes, reimbursement, coding results, compliance, error reduction, quality improvement, financial performance, or any other result from use of the Services.

17.8 CME and Accreditation. EB Medicine is accredited by 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. EB Medicine may be accredited or approved to provide designated CME activities, but accreditation does not guarantee that a particular licensing board, employer, credentialing body, regulator, professional association, or other organization will accept or apply credit. You are responsible for confirming eligibility, completing requirements before deadlines, accurately reporting participation, retaining records, and complying with applicable rules. CME availability, credit amounts, requirements, and accreditation status may change.

18. General Warranty Disclaimer; Service Availability

18.1 AS IS AND AS AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. EB MEDICINE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND RESULTS.

18.2 No Guarantee. We do not warrant that the Services will be uninterrupted, error-free, secure, free of harmful components, compatible with every system, or available at any particular time or place; that defects will be corrected; or that Content, citations, downloads, records, certificates, or user data will never be lost, delayed, altered, or unavailable.

18.3 Modifications and Interruptions. We may perform maintenance and may modify, suspend, replace, limit, or discontinue any Service or Content at any time. Except for an express remedy in a Signed Agreement or nonwaivable law, EB Medicine is not liable for modification, interruption, downtime, delay, discontinuance, or loss of access.

18.4 Corrections. We may correct errors, inaccuracies, omissions, pricing, product descriptions, citations, or availability information at any time without prior notice. Correction does not constitute an admission of liability.

18.5 No Service Level. No uptime, response-time, support, backup, restoration, or service-level commitment applies unless expressly stated in a Signed Agreement.

19. Indemnification

19.1 User and Customer Indemnification. To the maximum extent permitted by law, you and any Customer Organization on whose behalf you access or use the Services will defend, indemnify, and hold harmless EB Medicine and its affiliates, owners, officers, directors, employees, authors, editors, reviewers, licensors, vendors, contractors, and agents from and against third-party claims, demands, proceedings, damages, judgments, settlements, penalties, liabilities, losses, costs, and reasonable attorneys’ fees arising out of or relating to: (a) your access to or use of the Services; (b) a clinical, diagnostic, treatment, patient-care, professional, coding, reimbursement, compliance, or other decision; (c) reliance on Content or AI Output; (d) breach of these Terms, a Purchase Document, or a Signed Agreement; (e) unauthorized access, credential sharing, or use outside the Access Scope; (f) Content misuse, Derived Materials, scraping, or AI misuse; (g) submission of PHI, patient information, confidential information, or unlawful material; (h) a User Submission; (i) violation of law, professional obligation, or a third party’s rights; or (j) your fraud, negligence, willful misconduct, or harmful act.

19.2 Procedure. EB Medicine will use reasonable efforts to notify the indemnifying party of a covered claim. EB Medicine may control the defense and settlement with counsel of its choosing at the indemnifying party’s expense. The indemnifying party will cooperate and may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release EB Medicine without EB Medicine’s written consent.

19.3 Signed Agreements. Indemnification terms in a Signed Agreement control to the extent they directly conflict with this Section for the customer and Services covered by that agreement.

20. Limitation of Liability

20.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EB MEDICINE AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AUTHORS, EDITORS, REVIEWERS, LICENSORS, VENDORS, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOST PROFITS, REVENUE, BUSINESS, SAVINGS, OPPORTUNITY, GOODWILL, OR DATA; LOSS OF CME, CERTIFICATION, LICENSURE, REIMBURSEMENT, OR ACCESS; BUSINESS INTERRUPTION; PERSONAL OR PROFESSIONAL DECISIONS; OR PATIENT INJURY OR CLINICAL OUTCOMES ARISING OUT OF OR RELATING TO THE SERVICES, CONTENT, AI OUTPUT, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

20.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EB MEDICINE AND ALL PERSONS LISTED IN SECTION 20.1, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, CONTENT, AI OUTPUT, OR THESE TERMS, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO EB MEDICINE FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. THIS CAP APPLIES COLLECTIVELY, TO ALL THEORIES OF LIABILITY, AND TO DIRECT DAMAGES AS WELL AS ANY OTHER DAMAGES NOT OTHERWISE EXCLUDED.

20.3 Essential Allocation. The disclaimers and limitations in these Terms are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose.

20.4 User Obligations Not Limited. Nothing in this Section limits your payment obligations, indemnification obligations, liability for unauthorized use or infringement of EB Medicine’s rights, breach of confidentiality, submission of PHI or patient information, fraud, or willful misconduct.

20.5 Nonwaivable Law. Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the provisions apply to the maximum extent permitted, and liability is limited to the minimum amount required by law.

20.6 Time to Bring Claims. To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim accrued or it is permanently barred.

21. Governing Law, Arbitration, and Equitable Relief

21.1 Governing Law. These Terms and all disputes arising out of or relating to them, the Services, Content, or AI Output are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration. The United Nations Convention on Contracts for the International Sale of Goods and UCITA do not apply.

21.2 Informal Resolution. Before initiating arbitration or litigation, the complaining party must provide written notice describing the dispute and requested relief and allow at least thirty (30) days for good-faith informal resolution. This requirement does not apply when immediate injunctive relief is reasonably necessary to protect intellectual property, confidential information, security, or against unauthorized access or use.

21.3 Binding Individual Arbitration. Except for matters described in Sections 21.5 and 21.6, any dispute not resolved informally will be finally resolved by confidential, binding arbitration administered by the American Arbitration Association (“AAA”) before one arbitrator in Atlanta, Georgia. The AAA Commercial Arbitration Rules will apply, except that the AAA Consumer Arbitration Rules will apply where required. The arbitrator will have authority to determine arbitrability, enforce these Terms, and award relief available in an individual action, subject to these Terms.

21.4 No Class or Representative Proceedings. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY. NO DISPUTE MAY BE BROUGHT, HEARD, OR RESOLVED AS A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. If this waiver is found unenforceable for a particular claim or requested relief, that claim or relief will proceed in court after all arbitrable matters are completed.

21.5 Small Claims. Either party may bring an eligible individual claim in a court of competent small-claims jurisdiction, provided it remains individual and is not removed, transferred, or appealed to a court of general jurisdiction except as permitted by law.

21.6 IP, Security, and Injunctive Relief. Notwithstanding Sections 21.2 and 21.3, EB Medicine may seek temporary, preliminary, permanent, or other injunctive, equitable, or protective relief in any court of competent jurisdiction, including a state or federal court located in Atlanta, Georgia or a court in any jurisdiction where a defendant is located, misconduct occurs, the Services or Content are accessed or misused, or relevant property, assets, systems, data, or evidence is located. You and each Customer Organization consent to the personal jurisdiction and venue of the state and federal courts located in Atlanta, Georgia for any such proceeding brought there by EB Medicine. Bringing such a proceeding does not waive or otherwise affect the requirement to arbitrate any other claim under Section 21.3. Either party may seek court relief to compel arbitration or enforce an arbitration award.

21.7 Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES A RIGHT TO TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

21.8 Attorneys’ Fees and Enforcement Costs. To the maximum extent permitted by law, if EB Medicine substantially prevails in an action or proceeding to enforce its intellectual-property, confidentiality, payment, access-scope, security, or arbitration rights, EB Medicine may recover its reasonable attorneys’ fees and costs. Nothing in this Section limits EB Medicine’s rights to recover investigation, enforcement, remediation, or litigation costs under the indemnification provisions, applicable law, or another governing agreement.

21.9 Mandatory Consumer Rights. If you reside outside the United States or in a jurisdiction whose nonwaivable consumer law prohibits a provision of this Section, the provision applies only to the maximum extent permitted, and you retain mandatory rights that cannot lawfully be waived.

22. Electronic Communications and Notices

22.1 Electronic Communications. Visiting or using the Services, checking a box, clicking an acceptance button, submitting an order, and sending or receiving email or electronic messages constitute electronic communications. You consent to electronic contracts, signatures, records, disclosures, and notices to the extent permitted by law.

22.2 Notices from EB Medicine. We may provide notices through the Services, to the email or mailing address associated with an Account or order, or through another reasonable method. You are responsible for keeping contact information current and reviewing notices.

22.3 Notices to EB Medicine. Legal notices must be sent to EB Practice, LLC d/b/a EB Medicine, Attention: Chief Executive Officer, 5600 Spalding Drive, Unit 921697, Norcross, Georgia 30010, with a copy by email to ebm@ebmedicine.net, unless a Signed Agreement provides a different method.

23. General Provisions

23.1 Entire Agreement. For users and Customer Organizations without a Signed Agreement, these Terms, the applicable Purchase Document, and incorporated policies constitute the entire agreement concerning the Services and supersede prior or contemporaneous understandings on that subject. Section 4 governs users and customers with a Signed Agreement.

23.2 Assignment. You may not assign, delegate, transfer, or sublicense any right or obligation without EB Medicine’s prior written consent. EB Medicine may assign these Terms in connection with a merger, reorganization, sale of assets, financing, change of control, or transfer of the Services or business.

23.3 Severability and Reformation. If a provision is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted or modified to best achieve its lawful intent, and the remaining provisions remain effective, except as expressly stated in the class-action waiver.

23.4 Waiver. Failure or delay in exercising a right does not waive it. A waiver must be in writing and applies only to the specific instance stated.

23.5 Force Majeure. EB Medicine is not responsible for delay, interruption, or failure caused by events beyond its reasonable control, including disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, utility or telecommunications failure, cyberattack, vendor failure, or internet disruption.

23.6 No Agency or Third-Party Beneficiaries. These Terms do not create a partnership, joint venture, employment, agency, fiduciary, or franchise relationship. Except for indemnified and protected parties expressly identified, there are no third-party beneficiaries.

23.7 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against a party merely because that party drafted them.

23.8 Export and Sanctions Compliance. You may not access, export, re-export, or use the Services in violation of U.S. export-control, trade, or sanctions laws or from a location or by a person prohibited under applicable law.

23.9 Survival. Sections concerning ownership, restrictions, User Submissions, accrued payment, privacy obligations, effects of termination, disclaimers, indemnification, limitation of liability, dispute resolution, equitable relief, and general provisions survive expiration or termination.

23.10 California Consumer Notice. If any complaint with us is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

24. Contact Information

Questions, complaints, permission requests, or notices regarding these Terms may be directed to:

EB Practice, LLC d/b/a EB Medicine
5600 Spalding Drive
Unit 921697
Norcross, Georgia 30010
United States
Phone: 678-366-7933
Fax: 770-500-1316
Email: ebm@ebmedicine.net