TERMS AND CONDITIONSEffective Date: 17 October 2017
1. GENERAL TERMS AND CONDITIONS
Thank you for visiting MDCalc. Please read the Terms and Conditions contained in this document carefully since any use of this site and all services (defined below) constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these Terms and Conditions, please do not use this website or any other services.
We provide MDCalc users with access to a wide array of resources which may be provided to you in a variety of mediums and devices now known or hereinafter developed, including mobile applications. These resources include, without limitation, websites, tools and applications, and sponsored programming such as an API (collectively, the “Services”). The “Site” or “Website” refers to MDCalc.com or the MDCalc.com blog.
Throughout the collective services, the terms “we”, “us”, “our”, “MDCalc”, and “MDCalc.com” refer to MDCalc Ltd. Inc., and any of its direct and indirect subsidiaries. “You” refers to any person accessing and/or using any of the services.
We reserve the right to change, modify, add, or remove these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our services) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our services shall be subject to these Terms and Conditions. Please check these Terms and Conditions periodically for any modifications.
The Services may contain links to third-party sites or resources. MD Aware is not responsible for the availability of external sites or resources linked to the Site, and 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. Transactions that occur between you and any third-party are strictly between you and the third-party and are not the responsibility of MD Aware. Because we are 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.
We welcome links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by MD Aware. We grant a nonexclusive, limited permission (“Permission”) to display the Trademarks contained in MDCalc domain names, brand names, and logos to the owner(s) of any web sites (“Owner”) that would like to develop a link between their site and the corresponding website owned by MD Aware (“MDCalc Site”). Links to an MDCalc Site other than the one using the MDCalc domain names, brand names, or logos are not permitted. The materials on the Owner's site shall not imply any association with or relation to MDCalc or imply in any way that any materials from our MDCalc Site are maintained within the Owner's web site.
No changes or modifications to the MDCalc domain names, brand names, or logos may be made. Use of the MDCalc domain names, brand names, or logos for purposes other than linking to the MDCalc Site is expressly forbidden. The domain names, brand names, and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory, or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation, and goodwill of MD Aware and its products. We retain and reserve all rights in and to MD Aware's trade names, trademarks, copyrights, and all other intellectual property with respect to its domain names, brand names, and logos. MD Aware reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names, or logos must cease and the link between the web sites must terminate. Use of MD Aware trademarks, trade names, logos, copyrighted material, or any other intellectual property of MD Aware for any purpose not stated herein is expressly forbidden.
C) LEGALLY-COMPELLED DISCLOSURE OF USER INFORMATION
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP address, or other information in response thereto.
D) SYSTEMS RELIABILITY
MD Aware aims to keep Services available twenty-four (24) hours a day, seven (7) days a week, and to maintain saved information. However, MD Aware shall not be liable for lost, altered, or corrupted information or non-availability of the Services.
E) PROHIBITED ACTIVITIES
You are prohibited from doing any act that MD Aware in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to these services including, but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals;
- Using these services to defame or libel MD Aware, its employees, or other individuals or acting in such a way that brings into disrepute the good name of MD Aware;
- Uploading files that contain viruses that may cause damage to the property of MD Aware or the property of other individuals; and
- Posting or transmitting to these services any unauthorized material including, but not limited to, material that is in our opinion likely to cause annoyance, detrimental to or in violation of MD Aware's or any third party's systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane, or is otherwise unlawful.
F) DISCLAIMER OF WARRANTIES AND LIABILITY
Neither MD Aware nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the servers that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Services.
THE SERVICES, INCLUDING ALL CONTENT AND PRODUCTS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, 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 MD AWARE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND THEIR CONTENT AND PRODUCTS IS AT YOUR SOLE RISK.
To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals, 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 Services. Medical and health care providers should exercise their own independent clinical judgment. No suggested test or procedure should be carried out unless, in the provider's judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications, and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors and should be checked with current medical guidelines, hospital procedures, and pharmaceutical manufacturers.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MD AWARE OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR ITS CONTENT, PRODUCTS OR SERVICES, OR SHALL THE LIABILITY OF MD AWARE OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MD Aware does not claim ownership, endorse, or take responsibility for any third-party products, information, guidelines, materials, or services that may be offered, advertised, provided, or displayed on the Services or incorporated in the Content, products or services contained on, accessible from or distributed throughout the Services.
G) EXPORT RESTRICTIONS
Software from these Services may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software or property (including, but not limited to, code, images, or screenshots) from these Services may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
H) MOBILE SERVICES
If MD Aware permits or makes available to you the ability to: (a) upload content to the services via your mobile telephone and/or tablet (“mobile device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the services from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging, and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and MD Aware does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including, but not limited to, any roaming charges.
You may be given the option to register to receive commercial messages from MD Aware via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
You hereby agree to indemnify and hold MD Aware, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers, and licensors harmless from and against any and all claims of liability, losses, damages, and costs, including, without limitation, reasonable attorneys' fees, arising from any violation by you of these Terms and Conditions or in connection with your use of or inability to use the Services or its Content, products, or services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this clause. In such event, you shall provide us with such cooperation as is reasonably requested by us.
J) JURISDICTION AND GOVERNING LAW
The MD Aware products, services, materials, offers, and information appearing on this Site are intended for users and/or customers in the United States of America only. MD Aware makes no representation that the products, services, and content of this website are appropriate or available in locations other than the United States of America.
You and MD Aware agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of Delaware, USA, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of the State of Delaware, USA.
2. USER CONTENT SUBMISSION GUIDELINES
We may allow you to comment on and participate in interactive features on our Site, e.g. our blog, or in social communities owned by MD Aware (“Communities”). We may also allow you to submit content and materials for use on our Site via our online submission form or email. For example, a calculator, formula, or equation creator may be able to submit text, photographs, messages, or videos. The things you post or submit for use on our Site and Communities are “User Content”.
You agree to these submission guidelines (“Guidelines”), our full Terms and Conditions, and any additional terms by submitting User Content.
A) ALL USER CONTENT SUBMITTED TO US
You agree that your User Content are accurate and complete. You also agree that:
Your User Content is created exclusively by you. This means that you did not copy it from any other source. If you did not create your User Content, anyone that created it or helped create it must give you permission to submit your User Content to us. You must obtain consent and a release from any person (or the legal guardians of any persons) depicted in your User Content before you submit it with full knowledge from these persons that we may exploit it in any manner whatsoever. Anyone you get consent from must understand that we will use the content you submit in any manner we think is appropriate.
Your User Content does not threaten or disparage others. This includes not harassing or intimidating other users. It also includes not defaming or libeling anyone. Your User Content does not use hateful language. This includes not making negative comments connected to race, national origin, or religion. You also cannot disparage someone because of their gender, age, or sexual preference.
Your User Content does not disclose confidential or personal information about others. Your User Content will only disclose personal information with the other person’s consent. This also means that your User Content does not include information you must keep confidential under contract. This also means that your User Content does not violate anyone’s privacy or publicity rights.
B) USER CONTENT SUBMITTED FOR USE ON OUR SITE
You agree that any material you submit to our Services by upload, or otherwise, including any data, questions, comments, ideas, suggestions or the like (“Site Content”) are, and will be treated as, non-confidential and non-proprietary.
You grant us an unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to all or any portion of your submitted Site Content. We may use this license to use your Site Content in any manner and for any purpose. This might include hosting, caching, or storing your Site Content. We might also copy, distribute, or sell your Site Content. From time to time we might also display, perform, publish, broadcast, or transmit Site Content. You also understand that we may modify, edit, reformat, or translate your Site Content.
You represent and warrant that you own your Site Content and have the right to grant the license described above. You further represent and warrant that our use of your Site Content will not violate anyone's intellectual property rights or other rights of any person or entity or otherwise place us in breach of any applicable laws. MD Aware is under no obligation to use the information submitted. You understand that MD Aware employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Site Content and that MD Aware is only willing to consider the submissions of Site Content on these terms.
C) USER CONTENT POSTED ON OUR COMMUNITIES
We love to see all your comments, photos, and videos. By submitting or uploading your story, comment, photo, or video, you are authorizing MD Aware to use, publish, and otherwise reproduce, modify, and distribute Community Content with or without your name in perpetuity, worldwide in any and all MD Aware or MDCalc.com related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion, or advertising of MDCalc.com or its products via the Internet, web sites, mobile apps, and social media. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals.
D) CONTENT AND LIMITATIONS ON USE
All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the “Content”), including, but not limited to, the design, layout, “look and feel” and arrangement of such Content, is owned by MD Aware or its licensors and is protected by copyright, trademark, and other intellectual property and unfair competition laws.
You may print or download Content from the Services for your own personal, non-commercial, informational, or scholarly use, provided that you keep intact all copyright and other proprietary notices.You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, or create other derivative works from, or sell, rent or license all or any part of the Content, products, or services obtained from the Services in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile, or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission.
Unless expressly authorized by us, you may not use any robots, spiders, crawlers, or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link, or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software, or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any MD Aware server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan, or test the vulnerability of the Services or any network connected to the Site or breach the security or authentication measures on the Services or any network connected to the Site.
E) CHANGES TO THESE GUIDELINES
From time to time, we may change these Guidelines. We will post changes here, so check back every now and then. If you continue to use the Services after we post any changes to these Guidelines, you agree to be bound by those changes. If you do not accept these changes, you must stop submitting content to this Site, our other sites and our services.
In the event of any conflict between these terms and the full Terms and Conditions, the full Terms and Conditions shall be deemed to apply.
3. COPYRIGHT INFRINGEMENT NOTIFICATION
MD Aware is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. MD Aware will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these Services in the manner described below
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit MD Aware to locate the material;
- Information reasonably sufficient to permit MD Aware to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.