Terms of Use

1. General Disclaimer

   Please read the following licence agreement carefully! it contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you by clicking on the “accept” button, you are consenting to be bound by and are becoming a party to these terms and conditions (the “Agreement”) if you do not agree to all of the terms of this agreement, click the “do not accept” button or leave the website.

   MetaClinician® is addressed to health-care professionals and learners. The information provided on the site and through affiliated services, such as applications for mobile devices, has never been intended as a replacement for consultation with adequately qualified health-care professionals. MetaClinician® cannot be considered a source of medical advice or provider of diagnostic services. Decisions regarding treatment or diagnosis cannot be made solely on the basis of information provided by MetaClinician® and must always be based on professional medical advice.

   The content, including questions, links to evidence and recommendation is provided for educational purposes.

2. Account Registration

   To start using MetaClinician® you will need to provide your email, country of practice and specialty (or indicate you are a student). In order to use all services (for example, ask your own questions or provide comments) you will need to provide your name as well as some proof of who you are (for example, link to your institution or professional body listing your name, picture of your diploma or certificate etc.). You agree that your information is true, accurate, current, and complete. You are responsible for all entries under your account; please contact us if you believe security of your account is compromised.

3. Use of MetaClinician

   MetaClinician® and its content are intended to be used by health care professional (physicians, nurses, dieticians, physiotherapist, respiratory therapists, dietitians, veterinarians etc.) or students and trainees in those areas. By using MetaClinician® you attest that you have the right and capacity to do so and to follow these Terms. MetaClinician® is intended for educational and informational purposes only (and for fun). Its content is not intended as a substitute for clinical knowledge and judgment or make sole basis of diagnostic and treatment decisions. The general health information provided here is not substitute for consultation with a qualified health care professional. MetaClinician® contains links to third-party websites and information – MetaClinician Inc. is not responsible for their content. You agree that you will not evade any privacy, safety or protective technological measure associated with the MetaClinician® and will not misrepresent your affiliation or profession. We reserve the right to terminate users not complying with the terms as laid out under this Agreement.

   You will use MetaClinician® for the purposes set forth herein, and further you expressly agree that you do not have the rights to:

   • own title, or transfer title, or grant access to MetaClinician® to another party;

   • distribute, or sublicense or otherwise provide copies or any rights in relation to the MetaClinician® to any third party;

   • pledge, hypothecate, alienate or otherwise encumber MetaClinician® to any third party;

   • use MetaClinician® to rent, lease or otherwise provide location-enabled telecommunication or information services, including, without limitation, data processing, hosting, outsourcing, service bureau or online application services (ASP) offerings; or

   • modify, enhance, reverse-engineer, decompile, disassemble or create substantially derived forms of MetaClinician®.

   MetaClinician® n and any software used in connection with it contain proprietary and confidential information that is protected by applicable intellectual property law. You acknowledge that the MetaClinician® n content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you are not health care professional and choose to access this information you should not use this information in place of professional advice.

4. Contacting Users

   MetaClinician® may contact you, via email, with individual questions from area of your practice. By registering and using MetaClinician® you agree and acknowledge that such policy. MetaClinician ® will not share information (names, personal information, email addresses) about its users with third-party entities.

5. Contacting Third Parties

   Your dealings with any third parties found on or through MetaClinician® are exclusively between you and such third party.

6. Laws that Govern this Agreement

   We control those components of the MetaClinician® made available through our websites from our office in Canada. Therefore, by accessing MetaClinician®, you agree that the statutes and laws of the province of Ontario, and to the courts of Ontario, without regard to choice of laws principles. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such terms or any other term. MetaClinician Inc. makes no representation that any of the content and materials made available through MetaClinician® are appropriate or available for use in other locations. Accessing them from territories where their contents are illegal is prohibited. If you access MetaClinician® from outside the Canada, you are responsible for compliance with the laws of your jurisdiction.

7. Term and Termination of Access

   This Agreement is effective upon your acceptance as set forth herein and shall continue in full force unless MetaClinician Inc. terminates your access. MetaClinician Inc. reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of MetaClinician®; (b) suspend your access to or use of all or any portion of MetaClinician®; and (c) terminate this Agreement. You agree that all terminations shall be made at MetaClinician Inc.’s sole discretion, and neither MetaClinician Inc. nor our licensors shall be liable to you or any third party for any termination of your access and use of MetaClinician® or any portion thereof.

8. Copyright and Trademarks

   MetaClinician®, including any documentation, media, packaging and illustrations, is copyrighted and constitutes MetaClinician Inc.’s valuable property and is protected under Canadian copyright law and international treaty provisions. If you believe that any parts of MetaClinician® infringe your copyright, please contact us with request to remove such parts. You further acknowledge that MetaClinician® including any associated written materials and other documentation provided under this Agreement, belongs exclusively to MetaClinician Inc. Unencumbered title to MetaClinician® will, at all times, remain with MetaClinician Inc. You agree to protect MetaClinician® from unauthorized use, reproduction, distribution or publication in electronic or physical form. Certain logos, product names and trade-marks owned by MetaClinician Inc. may be contained within the printed materials and electronic manifestations of MetaClinician®. You will have no right to use such marks in its end-user applications except as set out in this Agreement.

   MetaClinician® has licensed intellectual property developed by McMaster University ("McMaster"). McMaster makes no representation, extends no warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to the use of the information provided on the website by the Company or its customers. McMaster is not otherwise involved in the development or endorsement of any product, service, associated research or clinical trial involving the licensed intellectual property.

9. Disclaimer

   METACLINICAN INC. MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES, OF ANY KIND. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS. THEREFORE, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

10. Limitation of Liability

    IN NO EVENT WILL METACLINICIAN INC. OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE METACLINICAIN, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT METACLINICIAN INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL METACLINICIAN INC. AND ITS AFFILIATES', INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS' AND SERVICE PROVIDERS', COLLECTIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.

11. Complete Agreement

    Except as expressly provided in a particular "legal notice" on the website, this Agreement constitutes the entire agreement between you and MetaClinician Inc. with respect to your use (and prior use) of MetaClinician®. MetaClinician Inc. reserves the right to make any changes to this Agreement without informing you. You should periodically check the website for any changes made to this Agreement. If changes have been made to this Agreement that you do not or can’t agree to or abide with, then you should immediately cease using MetaClinician®. If any provision of this Agreement becomes void, invalid, illegal or unenforceable, the remaining provisions will not be affected and will continue in effect as though the unenforceable provision(s) were deleted.

12. Successors and Assigns

    You may not assign your rights and duties under this Agreement to any party at any time. This Agreement will enure to the benefit MetaClinician Inc. and will be binding on you and your respective successors and permitted assigns. In the event of corporate merger, amalgamation, divestiture or asset sale, MetaClinician Inc. has the right to transfer and assign MetaClinician Inc.’s rights and obligations hereunder to any third party without written notice to you.

13. Contact Us

    If you have questions about the MetaClinician® or you wish to provide feedback, please contact us at MetaClinician.com.