Last Updated: February 28, 2022
The Site is a disease management and patient support web program (“Program”) offered and administered by Lyceum CME Inc., operating as Lyceum Health (“Administrator or Lyceum”). The Administrator is responsible for maintaining the “Site” and the Program is designed to complement physician and healthcare team guidance to patients.
The Site includes information on health for general information purposes only. The health information contained herein is provided for educational purposes only and is not intended to replace discussions with a healthcare provider. All decisions regarding patient care must be made with a healthcare provider, considering the unique characteristics of the patient. Any opinions by experts consulted in a particular field in relation to the content of the Site or publication provided solely represents the opinion of the expert or the publication.
Product information on this Site (where applicable) is provided by Lyceum’s Manufacturer clients and is intended for general information purposes only. This Site is intended for use in Canada only. Many pharmaceutical and medical device products listed are available upon prescription from a physician or qualified health care professional only, and not all such products may be available in all countries. The product information is not intended to provide complete medical information. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. WE DO NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. THE RESPONSES YOU INPUT INTO THE SYSTEM ARE NOT MONITORED AND HEALTHCARE PROFESSIONALS WILL NOT BE PROACTIVELY NOTIFIED OF CHANGES IN A PATIENT’S STATUS OR CONDITION BASED ON USER INPUTS. BY USING THIS PROGRAM, YOU CONSENT TO USING THIS SYSTEM AS A REFERENCE ONLY AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMMUNICATE CHANGES IN YOUR CONDITION DIRECTLY TO YOUR MEDICAL DOCTOR OUTSIDE OF THE SYSTEM AS THIS SYSTEM IS NOT A MEDICAL DEVICE. You should always obtain complete medical information about your condition, prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) by discussing the appropriate condition, use of any medicine(s) or medical devices directly with your prescribing physician or, where appropriate, other medical advisor. Medical professionals may obtain complete medical information from the product's information leaflet. Information on these products may vary by country. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for information appropriate to their country. The Site is not monitored for any urgent or emergent patient-care needs. By using this Site, you acknowledge that it is not for urgent nor emergent care and agree not to utilize the application in this way.
You may not sublicense, assign or transfer the Program.
You agree not to:
You acknowledge and agree that the Program, its copyrights and any necessary software used in connection with the Program contain proprietary and confidential information that is protected by applicable intellectual property and other laws. There is no transfer to you of any title to or ownership of the Program and this license shall not be construed as a sale of any rights in the Program. You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or rights in any confidential information or trade secrets, in or relating to the Program or the Program or any part thereof, and you do not acquire any rights in or related to the Program or the Program or any component of the same other than the rights expressly licensed to you under this Agreement.
All contents, text, images, data, information and other material displayed, available or present on this Site, including any trademarks or copyrights, are the property of Lyceum Health. You agree not to:
Lyceum Health and its suppliers reserve all rights not granted.
Intellectual property and rights thereto (including without limitation, copyright, designs, trademarks, patents, logos, brochures, any improvements and applications thereto) on the Site shall remain property of Lyceum Health or any of its authorized third parties, affiliates or representatives.
Lyceum Health has and will continue to have the exclusive right, title and interest in the intellectual property comprising, embedded in or relating to the Site, which includes, without limitation:
(a) software to serve up multi-platform content adaptors, its graphical user interface, structure, accessories, utilities, APIs, algorithms, specifications, processes and plug-ins.
(b) all behavioural and supportive communication content and algorithms.
(c) all data collected and analysed for reports in de-identified form, materials, processes, methodologies, reports, plans, services, know-how and all other works and/or inventions
(d) All modifications, enhancements, adaptations, derivatives and/or improvements to the Lyceum Health’s software and Site (including, without limitation, modifications, adaptations, customizations and enhancements made with respect to feedback that may have been provided by users of the Site, regardless of the origin of that feedback.
(e) You acknowledge and confirm Lyceum Health’s exclusive rights in and to the Site, its Background IP and understands that the Lyceum Health’s Background IP is protected by copyright, trademark and other intellectual property laws and treaties. You will not at any time do or cause to be done, either directly or indirectly, any act or thing contesting any part of such right, title and interest to Lyceum Health’s Background IP or the existence or validity thereof. You shall not in any manner represent or infer that you have any ownership in the Lyceum Health’s Background IP. Lyceum Health’s Background IP is licensed to Site users pursuant to these Terms and Conditions, not sold.
Accessing the Site
In order for you to be able to use the Site, you will be required to provide certain data to Lyceum Health, including but not limited to your full name, email address and contact details. If your contact information changes, please be sure to advise Lyceum Health. Access to and use of password protected or secured areas of this Site is restricted to authorized users only. All users will use the same URL; however, based on your email and password credentials, you will be directed to the appropriate pages within the Program.
Use of Information
In your use of the Site, you shall:
You should assume that all product names appearing on this Site, if applicable, whether or not appearing in large print, italics or with the trademark symbol are trademarks of the Administrator, its affiliates or licensors. This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of the Administrator and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of the Administrator and/or other parties is granted to or conferred upon you.
Currency and Accuracy of Information
The information on this Site is provided "as is" and Lyceum Health does not make any representation or warranty of any kind as to the quality, accuracy, currency or completeness of the content on this Site. Use of the Site or the content is at your risk. In no event will Lyceum Health be liable for any damages of any kind resulting from the use of or the inability to make use of the Site or the content.
Information Provided to the Site
Any information provided by you in connection with the Site shall not:
Except for information covered by our Privacy Statement, any communication or material you transmit to the Site including any data you voluntarily provide will be treated as, non-confidential and nonproprietary. Anything you transmit becomes the property of Lyceum Health and its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Lyceum Health is free to use, without compensation to you, any ideas, concepts, know-how, or techniques including, but not limited to, developing, manufacturing and marketing products using such information.
THE APPLICATION TRANSMITS YOUR PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION OVER THE INTERNET. INFORMATION TRANSMITTED OVER THE INTERNET MAY BE AT RISK OF INADVERTENT LOSS OR THEFT. LYCEUM HEALTH CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE APPLICATION. BY USING THE APPLICATION, YOU AGREE THAT YOUR ACCESS AND USE OF THE APPLICATION AND THE CONTENT, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.
Disclaimer of Warranty
While the Lyceum Health uses reasonable efforts to ensure that the Information is accurate and up to date, the Information may contain inaccuracies or typographical errors. Lyceum Health reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice. Lyceum Health makes no warranties or representations as to the accuracy of any of the Information. Lyceum Health assumes no liability or responsibility for any errors or omissions in the content of the Site. ALL INFORMATION IS PROVIDED "AS IS." LYCEUM HEALTH PROVIDES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE INFORMATION SHOULD BE CAREFULLY EVALUATED BY SITE VISITORS. NEITHER LYCEUM HEALTH, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Lyceum Health also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Information. Lyceum Health reserves the right to discontinue this Site at any time without notice and without liability.
LYCEUM HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION PROVIDED. THE INFORMATION CONTAINED IN OR PRESENTED FROM THE APPLICATION IS EXCLUSIVELY INTENDED FOR SELF-MANAGEMENT AND TO PRESENT INFORMATION TO HEALTHCARE TEAMS AND PHYSICIANS FOR CONSIDERATION WITHIN THEIR ULTIMATE PROFESSIONAL PURVIEW AND COMES WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXRESSED OR IMPLIED. ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICUALR PURPOSE, MERCHANTABILITY OR OTHERWISE IN RESPECT OF THE APPLICATION AND/OR ANY MAINTENANCE OR SUPPORT FOR THE APPLICATION IS EXPRESSLY DISCLAIMED. APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, INCLUDING ANY DOMESTIC LEGISLATION IMPLEMENTING SAME, IS EXPRESSLY DISCLAIMED.
THE SERVICE PROVIDED UNDER THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND BY LYCEUM HEALTH. LYCEUM HEALTH DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.
ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON- INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABLE QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED.
Lyceum Health, ITS DIRECTORS AND AFFILIATES SHALL HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECT TO ANY SERVICE PROVIDED BY LYCEUM HEALTH, THE USE OF THE APPLICATION OR DAMAGES DERIVED FROM ITS INFORMATION OR USE (INCLUDING DEFECTS OR VIRUSES (OR SIMILARLY DISRUPTIVE ELEMENTS), OR FROM WEBSITES (VIA HYPERLINK OR OTHERWISE) TO WHICH REFERENCES ARE MADE IN THE APPLICATION NOR FROM INFORMATION PROVIDED IN THE APPLICATION OR THESE REFERRED WEBSITES OR BY ITS USE BY ANY THIRD PARTY THROUGH LYCEUM HEALTH OR IN CONJUNCTION WITH LYCEUM HEALTH'S SERVICES. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST A THIRD PARTY.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, TO THE EXTENT PERMITTED BY LAW; LYCEUM HEALTH EXCLUDES ALL WARRANTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Lyceum Health SHALL HAVE NO OBLIGATION, DUTY OR LIABILITY WHATSOEVER IN CONTRACT, TORT OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY.
AND IN NO EVENT SHALL Lyceum Health BE LIABLE FOR:
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PLATFORM OR SITE;
ANY THEFT OR LOSS OF PERSONAL HEALTH INFORMATION AS THAT TERM IS DEFINED BY THE PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004 (ONTARIO) ("PHIPA") OR PERSONALLY IDENTIFIABLE INFORMATION THAT IDENTIFIES AN INDIVIDUAL THAT IS NOT PHI ("PII") OR ANY USE, DISCLOSURE OR ACCESS TO PHI OR PII BY OR TO UNAUTHORIZED PERSONS; OR HAVE ANY RESPONSIBILITY FOR THE ACCURACY OF ANY DATA OR INFORMATION PROVIDED TO IT BY ANY PERSON WHO HAS ACCESS TO THE PLATFORM; OR
OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF Lyceum Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
Except for information covered by our Privacy Notice, any communication or material you transmit to the Site by electronic mail or otherwise, including any data you voluntarily provide will be treated as, non-confidential and nonproprietary. Anything you transmit becomes the property of the Administrator or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Administrator is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication sent to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
This Site may contain information on worldwide products and services, not all of which are available in every location. A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The products referred to on this Site may be subject to different regulatory requirements depending on the country of use. Consequently, visitors may be notified that certain sections of this Site are intended only for certain kinds of expert users or only for audiences in certain countries. You should not construe anything on this Site as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence.
Nothing on this Site shall be interpreted as canvassing or public offering, nor constitute an invitation or offer to invest, subscribe, purchase or deal in the shares or any other securities of Lyceum Health or any of its affiliates. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this Site and the past performance of the price of securities must not be relied on as a guide to their future performance.
Administrator has not reviewed any or all of the third-party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site. If you wish to link your website to this Site, you may only link to the home page. You may not link to any other pages within this Site without the prior written consent of Lyceum Health. Quotation or use of one or more portions of this Site in the site of any third parties without written consent is likewise prohibited.
Although the Administrator may from time to time monitor or review discussions, chats, postings, transmissions, message boards, and the like on the Site (as applicable), Administrator is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, promotional materials, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, promotional, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Lyceum Health will fully cooperate with any law enforcement authorities or court order requesting or directing Lyceum Health to disclose the identity of anyone posting any such information or materials.
With respect to its subject matter, this Agreement, including any schedules to this Agreement, contains the entire understanding of the parties and supersedes and replaces all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties respecting your use of the Site.
If any term or condition of this Agreement or the application thereof, to any person or circumstances is to any extent invalid, illegal or unenforceable in any respect, the remainder of this Agreement shall not be affected by the invalidity, illegality or unenforceability of the particular term or condition or the application thereof.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario (excluding any conflict of laws or principle which might refer such construction to the laws of another jurisdiction). The Parties agree to submit to the jurisdiction of the courts of the province of Ontario.
Any delay or failure by Lyceum Health, at any time or times, to require performance of any provision of this Agreement shall in no manner affect Lyceum Health’s right at a later time to
enforce such provision. No delay or failure by Lyceum Health in exercising any right under this Agreement shall constitute a waiver of such right or any other rights under this Agreement.
You may not assign your rights or delegate your responsibilities under this Agreement without the express written permission of Lyceum Health. Lyceum Health may, at any time, assign its rights or delegate its obligations under this Agreement without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement.