STS Resource Utilization Tool for Cardiac Surgery - Terms and Conditions

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 STS Resource Utilization Tool for Cardiac Surgery ("the Tool"). By checking the box indicating acceptance of these Terms and Conditions and clicking on the "Submit" button at the end of this page, you are agreeing to become bound by these Terms and Conditions. (Please note that users navigate to the Tool on the Internet through the STS Website (STS.ORG), and that use of such site is governed by its own terms found at https://www.sts.org/expanded-proprietary-notice-and-disclaimer-sts-website and https://www.sts.org/sts-privacy-policy.)

1. Ownership.

The Tool is wholly owned by The Society of Thoracic Surgeons (STS).

2. Copyright.

All materials and content pertaining to the Tool, whether posted by STS within the STS.ORG Website or on server space of any third-party that assists in providing or operating the Tool, 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 Regarding Scope and Use of Tool.

THE TOOL IS BASED SOLELY ON DESCRIPTIVE STATISTICS AND A LIMITED NUMBER OF PATIENT RISK FACTORS. IT IS NOT A SUBSTITUTE FOR STANDARD STS MULTIVARIABLE RISK MODEL ESTIMATES. WHILE IN SOME INSTANCES THE AVERAGE OUTPUT OF THIS TOOL MAY ROUGHLY APPROXIMATE THE OUTPUT OF STANDARD STS RISK MODELS, IN OTHER INSTANCES IT MAY PRODUCE MUCH DIFFERENT AND LESS ACCURATE ESTIMATES. THIS DISPARITY IN ESTIMATED OUTCOMES RESULTS BOTH FROM THE EXCLUSION OF SOME RISK VARIABLES WHICH MAY BE HIGHLY IMPORTANT IN CERTAIN PATIENTS, AND THE LACK OF MULTIVARIABLE MODELING WHICH SIMULTANEOUSLY TAKES INTO CONSIDERATION THE COMPLEX INTERPLAY AMONG ALL VARIABLES.

4. Disclaimer of Warranties.

STS, ON ITS OWN BEHALF AND ON BEHALF OF ALL OF ITS SERVICE PROVIDERS ASSOCIATED WITH THE TOOL (HEREINAFTER COLLECTIVELY REFERRED TO AS "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 TOOL RESULTS. STS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. STS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE TOOL. THE TOOL, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE TOOL ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. STS AND ITS LICENSORS 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 AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TOOL. STS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE TOOL.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE TOOL AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, DAMAGES TO BUSINESS OPERATIONS OR DAMAGES TO THIRD PARTIES THAT RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OR USE 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 through the Tool 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 TOOL, 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 TOOL 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 TOOL, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED VIA THE TOOL, 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 TOOL (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). STS IS NOT RESPONSIBLE FOR ANY TREATMENT, NON-TREATMENT, OR OTHER MEDICAL DECISIONS MADE BY ANYONE BASED ON INFORMATION OBTAINED VIA THE TOOL, 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 OR ITS LICENSORS 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, PANDEMICS, EPIDEMICS, OUTBREAKS OF DISEASE CAUSED BY VIRUS, BACTERIA OR OTHER PATHOGEN, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

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 Regarding Use of Tool.

The Tool does not collect personally identifiable information from users, such as name, physical address, email address, or individually identifiable health information. The Tool 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. STS and/or any third party that assists STS in providing or operating the Tool, may collect and use this information to operate, develop and improve the Tool. 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 with respect to the Tool 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, and any such updated Terms and Conditions will be posted on the STS Website.