TERMS AND CONDITIONS

1. USER CONTENT SUBMISSION GUIDELINES
2. GENERAL TERMS AND CONDITIONS
3. COPYRIGHT INFRINGEMENT NOTIFICATION

Thank you for visiting MDCalc. The terms "we", "us", "our", and "MDCalc" refer to MDCalc Ltd, Inc., and any of its direct and indirect subsidiaries. MDCalc provides online point-of-care clinical decision-support tools, including medical calculators and clinical practice guidelines (collectively referred to herein as the "Services"), for use by healthcare professionals. The decision-support tools are based on published clinical research, and MDCalc's content is written by physician authors. The Services are not intended for use by laypersons.

Please read these Terms and Conditions ("Terms") carefully since any use of this Website and all Services constitutes your acceptance of these Terms. These Terms apply to users who are operating outside of a MDCalc customer's organization.

IF YOU USE THE SERVICES IN THE COURSE OF YOUR WORK FOR ONE OF MDCALC'S CUSTOMER ORGANIZATIONS THAT HAS EXECUTED A SERVICE AGREEMENT WITH MDCALC THAT IS CURRENTLY IN EFFECT, THESE TERMS DO NOT APPLY TO YOU.

The "Website" refers to MDCalc.com and the MDCalc Medical Calculation app, which may be downloaded from the Apple App Store and Google Play. If you do not agree to these Terms, please do not use this website or any of the Services. "You" refers to any person accessing and/or using any of the Services.

In consideration of your use of the Services, you agree to provide accurate, and complete registration information, and to maintain and promptly update such information to keep it current, and complete. You must be at least 18 years of age to accept these Terms and to use the Services.

1. USER CONTENT SUBMISSION GUIDELINES

We may allow you to comment on and participate in interactive features on our Website. We may also allow you to submit content and materials for use on our Website via our online submission form or email. For example, through use of a calculator, formula, or equation creator, you may be able to submit text, photographs, messages, or videos. The information you post or submit for use on our Website are collectively referred to as "User Content". You agree to the submission guidelines outlined below ("Submission Guidelines") when submitting User Content.

SUBMISSION GUIDELINES

A) User Content:

You agree that your User Content is 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. By submitting or uploading User Content, you authorize MDCalc to use, publish, and otherwise reproduce, modify, and distribute such User Content with or without attribution to you in perpetuity, worldwide in any and all MDCalc media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion, or advertising of MDCalc or its products via the Internet, websites, mobile apps, and social media. If individuals other than you appear in a photo or video that you submit, you must advise any person (or the legal guardians of any persons) depicted in your User Content that we may exploit User Content in any manner whatsoever and obtain a written consent and release from such persons before you submit the associated User Content.

Your User Content must not threaten or disparage others. This includes not harassing or intimidating other users. It also includes not defaming or libeling anyone. Your User Content must not contain hateful language. This includes not making negative comments connected to race, national origin, religion or other protected classes.

Your User Content must not disclose confidential or personal information about other individuals or companies without such person's / company's written consent.

You agree that any material you submit to our Services by upload, or otherwise, including any data, questions, comments, ideas, suggestions or the like 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 User Content. We may use your User Content in any lawful manner and for any lawful purpose without compensation to you. This might include hosting, caching, or storing your User Content. We might also copy, distribute, or sell your User Content. We might also display, perform, publish, broadcast, or transmit User Content. You also understand that we may modify, edit, reformat, or translate your User Content. We may also your User Content to develop, manufacture, and market products. We may sub-license our rights hereunder to third parties who may benefit from the rights and licenses granted to us under these Submission Guidelines and our Terms. Your User Content may be searched and accessed by others.

You represent and warrant that you own your User Content and have the right to grant the license described above. You further represent and warrant that our use of your User 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.

MDCalc has no obligation to use the information submitted. You understand that MDCalc employs both internal and external resources that may have developed or may in the future develop ideas identical or similar to your Input Content and that MDCalc is only willing to consider the submissions of User Content on these Submission Guidelines.

B) Website Content and Limitations on Use:

All content contained on or accessed from the Website, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the "Website Content"), including, but not limited to, the design, layout, MDCalc green background color, and "look and feel" and arrangement of such Website Content, is owned by MDCalc or its licensors and is protected by copyright, trademark, and other intellectual property and unfair competition laws.

You may print or download Website 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 Website Content, products, or services obtained from the Services in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions.

You may not reverse engineer, disassemble, decompile, or translate any software used to deliver the Website 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 Website Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory of Website Content without our prior written permission.

2. GENERAL TERMS AND CONDITIONS

A) Changes

We reserve the right to modify these Terms 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. Please check these Terms for any modifications. The "Effective Date" at the beginning of these Terms reflects the date of the most recent update.

B) Website Links

From Our Website: The Services may contain links to third-party sites or resources. MDCalc is not responsible for the availability of external sites or resources linked from the Website, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third-party 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 MDCalc. You should review the terms and conditions and privacy policies of these linked sites, as their policies govern use of such sites and may differ from ours.

From Your Website to Our Website: If you wish to incorporate a link to our Website within your website, you may do so, provided that you do not state or imply any sponsorship or endorsement of your website by MDCalc. Nor shall the materials on your website imply any association with or relation to MDCalc or imply in any way that any materials from the MDCalc Website are maintained within your website. We grant you a nonexclusive, limited license to display MDCalc's trademarks, domain names, brand names, and logos (collectively, "Marks"), on your website when establishing a link to our Website. Links to our Website other than the one using the Marks are not permitted.

You may not alter in any way the MDCalc Marks. Use of the MDCalc Marks for purposes other than linking to the MDCalc Website from your website is expressly prohibited. The Marks may not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory, or unlawful website or materials in any way, or in any manner that would adversely affect the name, reputation, and goodwill of MDCalc and/or its products or services. We retain and reserve all rights in and to MDCalc 's Marks and all other intellectual property owned by MDCalc. MDCalc reserves the right to terminate the license granted herein at any time and for any reason. Upon receipt of notification of termination, your use of the Marks must cease and the link between the MDCalc's Website and your website must be removed. Use of MDCalc's Marks, copyrighted material, or any other intellectual property of MDCalc for any purpose not expressly granted herein is prohibited.

C) Legally-Compelled Disclosure of User Information

You agree that in the event MDCalc receives a subpoena or other legal process issued by a court, law enforcement or government agency requiring disclosure of information regarding you, your use of the Services, or otherwise, we shall comply with such subpoenas without prior notice to you.

D) Systems Reliability

MDCalc aims to keep Services available twenty-four (24) hours a day, seven (7) days a week, and to maintain saved information. However, we shall not be liable for lost, altered, or corrupted information or non-availability of the Services.

E) Prohibited Activities

Any use of the Services beyond that permitted by these Terms is prohibited. Without limiting the foregoing, you are prohibited from using the Services in any of the following ways:

• to encourage or assist others in harming the Services or using the Services to harm others;
• to damage, disable, overburden, or impair the Services (or any network connected to the Services);
• to upload files that contain viruses that may cause damage to the property of MDCalc or the property of other individuals;
• to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services;
• 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) automatically search, scrape, extract, deep link, or index any content; (ii) harvest contact information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the Services or any other person's use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software, or routine to bypass them;
• to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any MDCalc server, or any of the products or services provided on, accessed from or distributed through the Services;
• to probe, scan, or test the vulnerability of the Services or any network connected to the Website or breach the security or authentication measures on the Services or any network connected to the Website;
• to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• to modify, publicly display, publicly perform, reproduce or distribute any of this Website;
• to violate any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• to cause MDCalc to violate any law or distribute any malware or malicious content;
• to violate or infringe upon the intellectual property rights or the privacy or publicity rights of any person or entity;
• to post or transmit to the 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 MDCalc's or any third party's systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane, or is otherwise unlawful;.
• to defame or libel MDCalc, its employees, or other individuals or acting in such a way that brings into disrepute the good name of MDCalc; or
• Otherwise attempt to interfere with the proper working of the Website and the Services.

You agree to hire attorneys to defend us if you violate these Terms where that violation results in a third party claim against us. You also agree to pay any damages that we are required to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such event, you agree to cooperate with our defense of such claim.

F) Disclaimer of Warranties and Liability

Neither MDCalc 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 are 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 MDCALC 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 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 MDCALC 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, NOR SHALL THE LIABILITY OF MDCALC OR ITS SUPPLIERS AND LICENSORS EXCEED USD $100 IN THE AGGREGATE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN COUNTRIES WHERE THE ABOVE EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED, MDCALC SHALL BE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.

MDCalc 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

The software supporting these Services may be 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) to 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 MDCalc 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 MDCalc 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 Mobile 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 MDCalc 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.

I) Indemnification

To the extent not prohibited by law, you hereby agree to indemnify and hold MDCalc, 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 or in connection with your use of or inability to use the Services or its content, products, or services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such event, you agree to cooperate with our defense of such claim.

J) Jurisdiction and Governing Law

You 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 shall be submitted to the exclusive jurisdiction of the courts of the State of Delaware, USA.

3. COPYRIGHT INFRINGEMENT NOTIFICATION

MDCalc is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. MDCalc 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 following Designated Agent for these Services in the manner described below.

By Mail:

MDCalc Ltd, Inc.
ATTN: Legal Department, DMCA Copyright Notices
93 4th Ave #19
New York, NY 10003
Email: copyright@mdcalc.com

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:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work or other intellectual property alleged to have been infringed;
3. 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, in a sufficiently precise manner to permit MDCalc to locate the material;
4. Information reasonably sufficient to permit MDCalc to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
5. 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
6. 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).

Unless a notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern. We will notify you if we remove or disable access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice.

We reserve the right, in our sole discretion, to terminate the account or access of any user of this Website or the Services who is the subject of repeated DMCA or other infringement notifications.

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.