MedCalc.net terms of service ("Agreement") describe the rules and principles that make up the basis of services provided to you ("Client" or "You") by MedCalc.net ("us" or "our company". By registering with MedCalc.net or using its services the Client agrees to be bound by the terms of the given Agreement.
1. MedCalc.net services
MedCalc.net offers its services to the Client on condition that the latter agrees to be bound by the Agreement in full. Within the boundaries of the Agreement:
- "Client" (or "you") means an individual or a company including its staff and agents, using or intending to use the Service.
- MedCalc.net "Service" means electronic and interactive services provided by MedCalc.net. We reserve the right to alter or terminate any of the Services.
2. The right to use MedCalc.net service
The Service is only provided to individuals or corporate organizations (companies) that possess a legal status allowing them to enter into binding legal contracts according to corresponding laws. This is to certify that the Client has authority to be involved in business activity in accordance with the corresponding legislation (within the terms of the Agreement), does not appear to be of business competition to MedCalc.net and is of legal age (18 years old or senior) to be able to sign binding contracts as a Client.
You acknowledge that all the materials (except for the ones uploaded to the Service) presented on this web page including but not limited to information, documentation, products, product logos, graphics, sounds, GUI, software and services ("Materials") provided by MedCalc.net belong to MedCalc.net. Web page elements are protected by law and may not be copied or displayed in full or in part. MedCalc.net, MedCalc.net logo and other products mentioned in the Agreement are an official MedCalc.net trademark and may not be registered within some jurisdictions.
4. Client information
The Client hereby states that s/he will provide accurate, complete and current registration information to MedCalc.net. The Client concedes to update the information if necessary and keep it full and accurate as required. In cases when the Client provides inaccurate, untruthful and incomplete information, MedCalc.net reserves the right to freeze or terminate the registration and the Agreement.
5. Client's account
5.1 Access responsibilities
The Client is fully responsible for all and any attempts at accessing the Service or using the Service (including all the actions and transactions).
5.2 Responsibility for user identification and passwords.
The Client holds full responsibility for keeping the account information safe and confidential (as well as authorized user's account information). The Client is also entirely responsible for all the actions carried out via his/her account.
5.3 Unauthorized use report
The Client hereby states that s/he will immediately report any circumstances that point at the fact that the account or account information have been accessed on an unauthorized basis. This includes:
- Getting a confirmation of an order (orders) placed via the Client's account that the Client had no intention of placing; any other controversial information.
- The Client discovers that an unauthorized access to his/her account has taken place.
6. Client's data
The Client is solely and fully responsible for the information uploaded to the MedCalc.net servers. The Client is in charge of controlling the uploaded information via the link generated by the Service. MedCalc.net insists that Clients archive data on a regular basis. The Client takes full responsibility for archiving data and lost or irreplaceable data. The Client agrees to store the data in compliance with the law and his/her responsibilities dictated by law. MedCalc.net removes data after the Agreement becomes invalid. MedCalc.net is not to be held responsible for the data in question.
7. Limited use
You agree not to use MedCalc.net Services with the following purposes: uploading, placing, emailing, sharing or other way of publishing information that does not comply with legislation, patent, copyright or trademark laws, discloses trade secrets or interferes with any other property rights.
7.1 Access and intervention
Intervention or attempts at breaking into the information system as well as attempts at influencing MedCalc.net's ability to provide services are strictly prohibited and are subject to criminal or civil liability. Examples of such intervention include, but are not limited to:
- Unauthorized access to MedCalc.net Service, including attempts at checking and scanning the system for accessibility and security or trying to break through the information security system without the consent of MedCalc.net Service.
- Interference with the process of providing services to any Client or to a group of Clients including but not limited to flooding or intentional attempts at overloading the system.
- Use of devices, software or code with the purposes of interfering with MedCalc.net Service provision.
- Any action that is targeted at destroying the MedCalc.net infrastructure.
The Client has no right to decompile, assort, decrypt, isolate, redesign or in any other way try to deduce the initial code of the program (including utilities, methods, processes and infrastructure) that makes the core part of the MedCalc.net software.
7.2 System resources abuse
The client hereby states that s/he will not make attempts at abusing the system resources of MedCalc.net service including, but not limited to use of information taking excessive CPU memory or influencing the system's throughput; resale of access to the information placed on MedCalc.net servers.
7.3 Proprietary rights and trademark legislation
MedCalc.net Service can be used with lawful purposes only. Transfer, distribution or storage of any materials breaking laws or lawful acts, including laws on export regulation, are forbidden. This includes materials protected by patents, laws on copyright, trademarks, service marks, trade secrets and other intellectual property rights. The client is obliged to receive the preliminary consent of the author in cases when such materials are to be used. By using the Service, you declare and guarantee that you are the author and owner of copyright and/or the owner of due licenses for the represented information. You also declare and guarantee that your information does not break trademark laws and other rights of the third parties. MedCalc.net reserves the right to suspend or terminate the transaction that breaks or is thought to be breaking the Agreement or any of the laws described above.
7.4 Other activities
Lawfully or not, MedCalc.net reserves the right to decide which of the actions appear to be harmful to our Client's reputation or activities, including activities preventing users from utilizing the Service or the Internet.
Please pay attention that in cases when we find that an account or the information attached to the account breaks one of the rules described above, MedCalc.net reserves the right to terminate the account. It is also possible that MedCalc.net will forward complaints and report to legal authorities if necessary.
8. Disclaimer of warranties
You acknowledge and agree that:
- You use the Service at your sole risk. MedCalc.net services are provided on an "as is" and "as available" basis. MedCalc.net and its representatives expressly disclaim all warranties including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. MedCalc.net and its representatives do not guarantee accuracy, safety and completeness as well as timely provision of services, software and information.
- MedCalc.net makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the reliability or accuracy of the results obtained from the Service, (iv) the quality of any products, services, information or other material obtained from the Service will meet your expectations, and (v) any errors in the software will be corrected.
- No advice or information, whether oral or written, obtained by you from the Service shall create any warranty not expressly stated in the given Agreement.
You agree to compensate the damages, including reasonably necessary legal services' fees, and not to hold MedCalc.net and its affiliates and branches, management, employees and agents responsible for any claims and requirements based on your use of the Service; or infringement of the present Agreement by you or other policies, decisions and conditions by MedCalc.net.
10. Limitations of liability
You use MedCalc.net Service at your sole risk. If you are by any reason not satisfied with any of the aspects of the Service or the given Agreement, as well as other rules, you are free to terminate the Agreement and stop using MedCalc.net Service. You agree that MedCalc.net shall not be held responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses ( even if MedCalc.net has been warned and advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered using the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct od any third party on the Service; or (v) any other mater relating to the Service.
11. Modifications to the Service and Rules
We reserve the right at any time to modify or discontinue the work of the Service with or without notice, temporarily or permanently. You agree that MedCalc.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You expressly acknowledge that we can establish general practices and restrictions upon the use of the Service, including the maximum size of the Client's disk space on MedCalc.net servers as well as the number of references (and their duration) to the Service for a certain period of time. You also realize that MedCalc.net has the right to change Service fees without prior notice. The change of the tariff takes place as soon as the previous Agreement needs to be renewed to remain valid.
12. Termination of Service
MedCalc.net in its sole discretion may file a warning, terminate (permanently or temporarily) or block access to the Service or discontinue the Service and stop providing services to the Client, or remove the Client's account record, as well as refuse providing services to the Client in the future in the following cases:
- MedCalc.net has reasons to believe the Client has not been keeping to the rules and regulations described in the Agreement and expressly stated in other instructions.
- The Clients stops payments or owes funds to the Service.
- MedCalc.net is not capable of checking if the information provided by the Client is correct and accurate.
- MedCalc.net has reasons to believe that the Client's activities may eventually lead to legal responsibility of the Client, as well as other Clients.
MedCalc.net reserves the right in its sole discretion to stop providing services or any of its features with or without prior notice. You agree that any termination of your access to the Service may be carried out without prior notice, and acknowledge and agree that MedCalc.net may immediately deactivate or delete your account and all related information and files in your account and/or block further access to such files or the Service. Furthermore, you agree that MedCalc.net shall not be responsible to you or any third-party for the termination of your access to the Service.
The termination of the Agreement between the Client and MedCalc.net nullifies the privileges granted to the Client by the Agreement and cancels the responsibilities of MedCalc.net before the Client.
13. General information
If any item of the Agreement is canceled, the court should execute the intentions of the parties reflected in the item, while other items of the Agreement continue to operate in full. Headings for items in the Agreement serve for convenience only and do not define, limit, interpret, or describe any item of the Agreement. The inability of MedCalc.net to undertake measures concerning infringements accomplished by a separate Client or other individuals, does not deprive MedCalc.net of the right to undertake measures concerning subsequent or similar infringements. Any requirement or claim raised by the Client on any of the items of the given Agreement should be submitted within twelve (12) months starting with the moment of occurrence of the requirement or the basis for the claim.
13.1 Legal relations
The client and MedCalc.net Service shall be treated as independent contractors. The given Agreement does not provide and does not create such forms of legal relations with the Client as establishment, company, joint venture, labour relations and trading relations.
13.2 Grant of rights
This Agreement does not allow the Client to grant any of his/her rights to anyone or attribute responsibility to another individual. Any attempts at granting these rights shall not have legal force.
13.3 Force major circumstances
Our Service providing activities may be discontinued due to certain circumstances of insuperable force. We are not responsible for any setbacks or inability to provide services to Clients as the result of circumstances, direct or indirect, that are described as circumstances beyond control.
If any of the items of the given Agreement is canceled, the item should be bypassed, with the least damage of interests to both parties, while other items of the Agreement continue to operate in full. Headings for items in the Agreement serve for convenience only and do not define, limit, interpret, or describe any item of the Agreement.
14. Abuse management
Files with illegal content shall be immediately removed. Moreover, the files shall be added to a special filter that will prevent the files from appearing again.
15. Applicable Law and Jurisdiction
All our contracts, deliveries and works are only governed by Belgian law, excluding the United Nations Convention on Contracts for the International Sale of Goods. All disputes fall within the exclusive jurisdiction of the courts of the district of the registered office of MedCalc.net.
Should any of these provisions be deemed wholly or partially invalid, illegal or impracticable, this shall not affect the validity of the remaining provisions.