Terms of Service
Please read these Terms and Conditions carefully before clicking
on the button at the end of this page. These are the Terms and
Conditions upon which you will be permitted to enter and use The
Society of Thoracic Surgeons' Online Risk Calculator and any of
its variants (collectively, the "Risk Calculator"). By clicking on
the "Accept" button at the end of this page, you are agreeing to
become bound by these Terms and Conditions. If you do not agree to
these Terms and Conditions, click on the "Decline" button below.
1. Ownership
The Risk Calculator is wholly owned by The Society of Thoracic
Surgeons (STS).
2. Copyright
All materials and content posted on this site are subject to
copyrights owned by STS.
3. Trademark
The STS name and logo, and all related product and service names,
are STS's proprietary trademarks and service marks, and may not be
used by any other party without the prior express written
permission of STS. These names, trademarks, service marks, and
logos may not be used in any advertising, publicity, or otherwise
to indicate, suggest, or imply STS sponsorship of or affiliation
with any product or services, without STS's prior express written
permission.
4. Disclaimer of Warranties
STS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE
ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY,
OPERABILITY, OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED
IN THE RISK CALCULATOR RESULTS. STS DISCLAIMS ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL IN CONNECTION WITH THE
RISK CALCULATOR. STS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM
RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR
MATERIAL ON THE INTERNET THROUGH THE RISK CALCULATOR. THE RISK
CALCULATOR, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES
INCLUDED IN THE RISK CALCULATOR ARE PROVIDED "AS IS," WITH NO
WARRANTIES WHATSOEVER. STS EXPRESSLY DISCLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. STS DISCLAIM ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE RISK CALCULATOR. STS DISCLAIM, ANY WARRANTIES
FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE RISK
CALCULATOR.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE RISK CALCULATOR AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR
OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
5. Disclaimer of Liability
STS is providing information and services on the Internet as a
benefit and service in furtherance of its nonprofit, educational
mission. THE USER ASSUMES ALL RESPONSIBILITY FOR, AND HOLDS STS
HARMLESS FROM ANY CLAIMS ARISING OUT OF, ITS USE OR MISUSE OF, OR
INABILITY TO USE, THE RISK CALCULATOR, WHETHER SUCH CLAIM IS BASED
ON WARRANTY, CONTRACT, OR TORT (INCLUDING NEGLIGENCE). UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STS
OR ANYONE ELSE INVOLVED IN CREATING OR MAINTAINING THE RISK
CALCULATOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST
PROFITS THAT RESULT FROM THE USE OR MISUSE OF, OR INABILITY TO
USE, THE RISK CALCULATOR, INCLUDING, BUT NOT LIMITED TO, RELIANCE
BY A USER ON ANY INFORMATION OBTAINED VIA THE RISK CALCULATOR, OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES, VIRUSES, ERRORS, DEFECTS, OR ANY FAILURE OF PERFORMANCE,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
WITH RESPECT TO THE RISK CALCULATOR (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). STS IS NOT RESPONSIBLE FOR ANY
TREATMENT OR OTHER MEDICAL DECISIONS MADE BY USERS BASED ON
INFORMATION OBTAINED VIA THE RISK CALCULATOR, AND USER AGREES TO
INDEMNIFY STS AND HOLD STS HARMLESS FROM ANY CLAIMS ARISING OUT OF
SUCH DECISIONS.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL STS
BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES
BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION
EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER
FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS,
STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS
OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF
THIRD PARTIES.
IN STATES WHICH DO NOT ALLOW SOME OR ALL OF THE ABOVE LIMITATIONS
OF LIABILITY, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT
ALLOWED BY LAW.
6. Privacy Policy
The Risk Calculator does not collect personally identifiable
information from users, such as name, physical address, email
address, or individually identifiable health information. The Risk
Calculator may collect limited non-personally identifying
information your browser makes available whenever you visit a Web
site. This log information may include your Internet Protocol
address, browser type, browser language, the date and time of your
query and one or more "cookies" that may uniquely identify your
browser. A "cookie" is a small file containing a string of
characters that is sent to your computer when you visit a website.
We may use this information to operate, develop and improve the
Risk Calculator. We do not extract personal information in this
process nor do we provide this information to third parties. We
also do not contact you based on information in your cookie file.
Please note this Privacy Policy may change from time to time. We
expect most such changes to be minor, but there may be changes
that are more significant. Regardless, we will post those changes
on this page and, if the changes are significant, we will also
provide a more prominent notice.
7. General
These Terms and Conditions constitute the entire agreement between
the parties user and STS with respect to the Risk Calculator and
supersede and replace all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter. Any
waiver of any provision of the Terms and Conditions will be
effective only if in writing and signed by STS. These Terms and
Conditions shall be governed and interpreted in accordance with
the laws of the State of Illinois, applicable to contracts made
and fully performed therein. If any provision of these Terms and
Conditions is held by a court of competent jurisdiction to be
contrary to law, that provision will be enforced to the maximum
extent permissible and the remaining provisions will remain in
full force and effect. STS may modify these Terms and Conditions
without notice.
Social/Insurance