EM General Terms and Conditions
1. This web site ("Site") is owned and
operated by Evidence Matters Inc., 78 St-Joseph West, Montreal,
QC,
Canada,
H2T 2P4, click
on this link to contact us (“EM”).
2.
2.1. By
accessing or using the Site, you agree to be bound by the terms and conditions
below ("Terms and Conditions").
2.2. These Terms and Conditions
expressly incorporate by reference and include the Site's Privacy Policy and
any guidelines, rules or disclaimers that may be posted and updated on specific
web pages or on notices that are sent to you. If you do not agree with these
Terms and Conditions, please do not use this Site.
3. EM reserves the right to change, modify, add
or remove portions of these Terms and Conditions in its sole discretion at
any time and without prior notice. Please check this page periodically for
any modifications. Your continued use of this Site following the posting of
any changes will mean that you have accepted the changes.
4. Copyrights and Limitations on Use
All content in this Site, including site layout, design,
images, programs, text and other information (collectively, the "Content")
is the property of EM and its affiliated companies or licensors and is protected
by copyright and other intellectual property laws.
5. You may not copy, display, distribute, modify,
publish, reproduce, store, transmit, create derivative works from, or sell
or license all or any part of the Content, products or services obtained from
this Site in any medium to anyone, except as otherwise expressly permitted
under applicable law or as described in these Terms and Conditions or relevant
license or registered user agreement.
6.
6.1. You
may print or download Content from the Site for your own personal, non-commercial
use, provided that you keep intact all copyright and other proprietary notices.
6.2. You may not engage in
systematic retrieval of Content from the Site to create or compile, directly
or indirectly, a collection, compilation, database or directory without prior
written permission from EM.
7.
7.1. You agree that you will
not use any robots, spiders, crawlers or other automated downloading programs
or devices to: (i) continuously and automatically search or index any Content,
unless authorized by us; (ii) harvest personal information from the Site for
purposes of sending unsolicited or unauthorized material; or (iii) cause disruption
to the working of the Site. If this Site contains robot exclusion files or
robot exclusion headers, you agree to honor them.
7.2. Any questions about whether
a particular use is authorized and any requests for permission to publish,
reproduce, distribute, display or make derivative works from any Content should
be directed to EM Rights.
8.
8.1. You
may not use the services on the Site to publish or distribute any information
(including software or other content) which is illegal, which violates or
infringes upon the rights of any other person, which is abusive, hateful,
obscene, profane, pornographic, threatening or vulgar, which contains errors,
viruses or other harmful components, or which is otherwise actionable at law.
8.2. EM may at any time exercise
editorial control over the content of any information or material that is
submitted or distributed through its facilities and/or services.
9.
9.1. You
may not, without the approval of EM, use the Site to publish or distribute
any advertising, promotional material, or solicitation to other users of the
Site to use any goods or services. For example (but without limitation), you
may not use the Site to conduct any business, to solicit the performance of
any activity that is prohibited by law, or to solicit other users to become
subscribers of other information services.
9.2. Similarly, you may not
use the Site to download and redistribute public information or shareware
for personal gain or use the facilities and/or services to distribute multiple
copies of public domain information or shareware.
10. Copyrights and Trademarks
Evidence
Matters and when it comes to health © are copyrights
and, if appropriate, trademarks of Evidence Matters Inc. All other copyrights
and trademarks appearing on this Site are the property of their respective
owners.
11. Links to Other Sites
11.1. The
Site may contain hyperlinks to other sites or resources that are provided
solely for your convenience. EM is not responsible for the availability of
external sites or resources linked to the Site.
11.2. EM does not endorse and
is not responsible or liable for any content, advertising, products or other
materials on or available from such sites or resources.
11.3. Transactions that occur
between you and any third party are strictly between you and the third party
and are not the responsibility of EM.
11.4. Because EM is not responsible
for the availability or accuracy of these outside resources or their contents,
you should review the terms and conditions and privacy policies of these linked
sites, as their policies may differ from ours.
12. Disclaimer of Warranties and Liability
12.1. Neither
EM, its affiliates, nor any third-party content providers or licensors makes
any warranty whatsoever, including without limitation:
12.2. that the operation of
the Site will be uninterrupted or error-free; that defects will be corrected;
that this Site, including the server that makes it available, is free of viruses
or other harmful components;
12.3. as to the results that
may be obtained from use of the Content or other materials on the Site;
12.4. or as to the accuracy,
completeness, reliability, availability, suitability, quality, non-infringement
or operation of any Content, product or service provided on or accessible
from the Site.
13. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES
INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE),
ALL OF WHICH EM DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE
OF THE SITE IS AT YOUR SOLE RISK.
14.
14.1. To
the extent permissible under applicable laws, no responsibility is assumed
for any injury and/or damage to persons or property as a matter of products
liability, negligence or otherwise, or from any use or operation of any ideas,
instructions, methods, products or procedures contained in the Site.
14.2. If the Content contained
on this site contains medical or health sciences information, it is intended
for professional use within the medical field.
14.3. No suggested test or procedure
should be carried out unless, in the reader's judgment, its risk is justified.
14.4. Because of rapid advances
in the medical sciences, we recommend that the independent verification of
diagnoses and drug dosages should be made.
14.5. Discussions, views, and
recommendations as to medical procedures, products, choice of drugs, and drug
dosages are the responsibility of the authors.
15. NEITHER
EM NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR
CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING
OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL EM, ITS AFFILIATES
OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. EM AND ITS AFFILIATES AND LICENSORS
SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT
LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES)
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. EM neither endorses nor takes responsibility
for any products, goods or services offered by outside vendors through our
services or advertised on our system.
17. Systems Reliability
EM aims to keep the Site available twenty-four (24) hours
a day, seven (7) days a week and to maintain saved information. However, due
to technical failures, acts of God or routine maintenance, availability may
be limited and/or information may be lost. EM shall not be liable for lost
information or non-availability of the services.
18. Indemnification
You hereby agree to indemnify, defend and hold EM, its directors,
officers, shareholders, parents, subsidiaries, affiliates, agents and licensors
harmless from and against any and all liability, losses, damages and costs,
including, without limitation, reasonable attorneys' fees, arising from your
use of the Site or Content.
19. Governing Law and Venue
19.1. These
terms and conditions shall be governed by and construed in accordance with
the laws of the Province of
Quebec, without regard to its
conflicts of law principles.
19.2. You hereby submit to and
agree that the sole jurisdiction and venue for any actions that may arise
under or in relation to the subject matter hereof shall be the courts located
in the Province of Quebec.
Last Revised: March 21, 2005