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.
