Terms of Service

These terms govern your use of CSTSetup products and services, including cstsetup.com and our mobile applications, offered by CSTSetup LLC and certain of its subsidiaries ("CST", "us" or "we").

Please read these terms carefully before using any CST product or service. They affect your legal rights and they include a class action waiver, which is set out in section 11.

For how we use and share personal information, see our Privacy Policy. For refunds, see our Refund Policy, which forms part of these terms. To report a security issue, see our Security Policy.

1. General rules and definitions

1.1 If you choose to use CST products or services displaying or otherwise governed by these Terms of Service, including cstsetup.com (the "Site"), CST's mobile sites and applications, and any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads (collectively, the "Services"), you agree to abide by all of the terms and conditions of these Terms of Service between you and CST.

1.2 We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing, including by email or by updating the date shown at the top of this page. Such changes become effective immediately upon posting. It is your responsibility to review these Terms of Service before each use of the Site.

1.3 If any of the terms and conditions of these Terms of Service, or any future change to them, are unacceptable to you, you may delete your account (see section 10.1) and discontinue your use of the Services. Your continued use of the Services, now or following the posting of updated Terms of Service, indicates your acceptance of those terms and of any change or modification to them.

1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services, or restrict your access to parts or all of the Services, without notice or liability.

2. Content of the services

2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published or available on the Services, including but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, "look and feel", metadata, data, and compilations (all also known as the "Content") are protected by copyright and owned or controlled by CSTSetup LLC or the party credited as the provider of the Content. We also own copyright in the selection, coordination, compilation, and enhancement of such Content (the "Arrangement"). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

2.2 The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights under United States and international law. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in section 2.3), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public, or in any way exploit any of the Content or its Arrangement or the Services, including Software, in whole or in part.

2.3 Copying or storing any Content is expressly prohibited without prior written permission from CSTSetup LLC or from the copyright holder identified in the copyright notice contained in the Content.

3. User generated content

3.1 If you upload, post or submit any content to the Services, you represent to us that you have all the necessary legal rights to do so and that it will not violate any law or the rights of any person. You shall not upload to, distribute, or otherwise publish on the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to knowingly provide material and misleading information with intent to defraud. You shall not upload to, distribute, or otherwise publish on the Services any malware, viruses, spyware, or other malicious software or files. You shall not use automated means to upload to, distribute, or otherwise publish content onto the Services.

Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive or meaningless messages or spam.

Use respectful language. Like any community, the conversation here flourishes only when members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, or disability. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.

Debate, but do not attack. In a community full of opinions and preferences, people disagree. CST encourages active discussion and welcomes heated debate, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Services.

3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of CST, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services. You may not use all or part of the Services to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Service.

3.3 You acknowledge that any submission you make to the Services, meaning user generated content including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each a "Submission"), may be edited, removed, modified, published, transmitted, and displayed by CST, and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions may also be included in our RSS feeds and APIs and made available for republishing through other formats.

3.4 You grant CST a perpetual, nonexclusive, worldwide, royalty free, sub licensable license to your Submissions, which includes without limitation the right for CST, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt, including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies, in any form or media now known or hereafter developed, any Submission posted by you on or to the Services or any other website owned by CST, including any Submission posted through a third party.

3.5 You are solely responsible for the content of your Submissions. CST does not and cannot review every Submission and is not responsible for their content, but CST reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark law, in violation of these Terms of Service, or otherwise unacceptable.

3.6 By making a Submission, you consent to its display and publication on the Site and in the Services and to related online and offline promotional uses.

4. Prohibited use of the services

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable law or in violation of our or any third party's intellectual property or other proprietary or legal rights. You further agree that you shall not attempt, or encourage or support anyone else's attempt, to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or any content thereof, or make any unauthorized use of them. Without CST's prior written consent, you shall not:

• access any part of the Services, Content, data or information you do not have permission or authorization to access, or for which CST has revoked your access;
• use robots, spiders, scripts, services, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect it using automated means;
• use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access control or use limit;
• cache or archive the Content, except for a public search engine's use of spiders for creating search indices;
• take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; or
• do anything that could disable, damage or change the functioning or appearance of the Services.

Engaging in a prohibited use of the Services may result in civil, criminal, or administrative penalties, fines, or sanctions against the user and those assisting the user.

Reporting a security vulnerability to us in good faith under our Security Policy is not a breach of this section, provided you stay inside the rules set out there.

5. Representations and warranties

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or contain libelous or otherwise unlawful material; (b) that you are at least thirteen years old if you are in the USA or the UK, and sixteen years old anywhere else; and (c) if you are under eighteen years old, that your parent or legal guardian has read these Terms of Service and agreed to them and to your use of the Services. You hereby indemnify, defend and hold harmless CST and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including without limitation reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or of the foregoing representations, warranties and covenants, or your gross negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense of any such claim. CST reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 CST does not represent or endorse the accuracy or reliability of any setup, advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or other person or entity. CST will not be liable to you or any other person as a result of a user's interactions with other users. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information is at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP TO DATE AND CORRECT, CST DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES.

5.3 The Services are study and reference material, not clinical instruction. Setups, instrument entries and any other Content are contributed and curated for study purposes and vary between facilities, surgeons and cases. You should not rely on the Content as a substitute for, and it does not replace, professional legal, financial, tax or medical advice, your employer's policies and procedures, or the instruction of your program. If you have any concern or question about your health or about the Content, consult a physician or other health care professional. You acknowledge that use of the Services is at your sole risk.

5.4 IN NO EVENT WILL CST, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (THE "CST PARTIES") BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE "EXCLUDED DAMAGES"). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE CST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THE CST PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

6. Registration and security

6.1 To create an account you provide an email address. Signing in is by a single use code sent to that address, and you may additionally enable an authenticator app for two factor verification. You may also be asked to provide certain registration information, which must be accurate and kept up to date.

Each registration is for a single user only. You are not allowed to share your account access with anyone else, and we may cancel or suspend your access to the Services if you do. You are responsible for keeping your email account, your sign in codes and any two factor secrets secure. No representative or agent of CST will ever ask you for a sign in code. You may not (i) use another person's email address or account with intent to impersonate them; (ii) use credentials in which another person has rights without that person's authorization; or (iii) use a display name that we, in our sole discretion, deem offensive. Failure to comply with the foregoing constitutes a breach of these Terms of Service and may result in immediate suspension or termination of your account.

You consent to receive notifications from us electronically at the email address you provide. You agree that all notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you are able to store them so that they remain accessible to you in unchanged form.

6.2 Please email us about any known or suspected unauthorized use of your account, or any known or suspected breach of security.

6.3 You must be 13 years or older to use any part of the Services in the USA and the UK, and 16 years or older anywhere else. If you are under 18 and would like to use, subscribe to or register for any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you do so, or ask them to complete the purchase or registration on your behalf.

6.4 You are responsible for all usage and activity on your account, including use by any third party you authorize. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at our sole discretion, and we may refer you to the appropriate law enforcement agencies.

6.5 If your access to any Service has been provided by or through a third party, for example your employer or an educational institution at which you are a student (each a "Client"), the Client may have provided us with information about you in order to give you access to the Services and distinguish you from other users, such as your name and email address. Where you are enrolled in a Client's accreditation program, that Client can see the records you create within their program. How that works, and what is deliberately kept private from them, is set out in our Privacy Policy.

7. Fees, payments and refunds

7.1 We reserve the right at any time to charge fees for access to portions of the Services or to the Services as a whole. You will not be charged for access to the Services unless we obtain your prior agreement to pay such charges. If at any time we require a fee for portions of the Services that are now free, we will give you advance notice. You may cancel your account at any time, as described in section 10.1. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which they are incurred, including charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. You shall pay all applicable taxes relating to use of the Services through your account.

7.2 Subscriptions renew automatically at the interval you selected until cancelled. Cancelling stops the next charge and leaves your access in place until the end of the period you have already paid for. Cancelling does not itself reverse a charge already made.

7.3 Refunds are governed by our Refund Policy, which forms part of these Terms of Service. In summary, we refund a subscription charge if you ask within 30 days of it, one refund per customer.

7.4 Purchases made inside our iOS or Android applications are processed by Apple or Google rather than by us. Refunds for those purchases are handled under their processes, and we will help you find the right one.

7.5 If a charge looks wrong to you, contact us before contacting your bank. A dispute raised without asking us first costs us substantially more than the refund would have, and is almost always about something we would simply have refunded.

7.6 If you initiate a chargeback without first requesting a refund from us under the Refund Policy, you are in breach of these Terms of Service. In that event you agree either to withdraw the chargeback or to repay the disputed amount together with a fee determined by CST of no less than $50 and no more than three times the original amount, in addition to any costs we incur in connection with the chargeback, including but not limited to legal fees, chargeback fees and debt collection fees. Amounts left outstanding may be referred to a collection agency. Should you fail to do either, you accept full liability in a court of law under the jurisdiction of the United States court system.

7.7 We may cancel or suspend a subscription that is the subject of an unresolved chargeback until the dispute is closed.

7.8 Failure to follow any of these terms may result in cancellation of your service or in additional charges.

8. Third party links

8.1 The Services contain links to third party websites and resources (collectively, "Linked Content"). CST does not control, endorse, sponsor, recommend or otherwise accept responsibility for any Linked Content. Because we are not responsible for the availability of these outside resources, or for their contents or privacy practices, you should direct any concern regarding Linked Content to that site.

9. Software licenses

9.1 You have no rights to the proprietary software and related documentation, or any enhancement or modification of it, provided to you in order to access the Services (the "Software"). You may not sublicense, assign or transfer any license granted by CST, and any attempted sublicense, assignment or transfer is null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Software.

10. Termination and survival

10.1 You may delete your account at any time from your dashboard, under Security. Deletion is confirmed with a verification code and takes effect immediately. What deletion removes is described in our Privacy Policy.

10.2 CST may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including without limitation breach or assignment of these Terms of Service.

10.3 The provisions of these Terms of Service intended by their nature to survive termination or expiration shall so survive the termination of your account or of your access to all or part of the Services, including without limitation sections 3 (User generated content), 4 (Prohibited use of the services), 5 (Representations and warranties), 7 (Fees, payments and refunds), 10 (Termination and survival), 11 (Governing law, jurisdiction, waiver of class actions) and 12 (Miscellaneous).

11. Governing law, jurisdiction, waiver of class actions

11.1 These Terms of Service have been made in, and shall be construed and enforced in accordance with, the laws of the United States of America and the State of North Carolina, as an agreement wholly performed therein, without regard to their conflict of law provisions and to the United Nations Conventions on Contracts where applicable.

11.2 Any claim or cause of action arising out of or related to use of the Services or to these Terms of Service must be filed within one year after such claim or cause of action arose, or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages, and you will in no event be entitled to injunctive or other equitable relief.

11.3 Waiver of class actions. YOU AND CST AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION A FEDERAL OR STATE CLASS ACTION LAWSUIT. Nothing in this section 11.3 limits your right or CST's right to bring a lawsuit against the other as an individual plaintiff.

12. Miscellaneous

12.1 These Terms of Service have been made in, and shall be construed and enforced in accordance with, North Carolina law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Raleigh.

12.2 Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy.

12.3 Correspondence should be sent to [email protected].

12.4 You agree to report any violation of these Terms of Service to CST as soon as you become aware of it, by emailing [email protected].

12.5 Our failure to enforce any provision of these Terms of Service, or to respond to a breach by you or by other parties, does not constitute a waiver of our right to subsequently enforce any term or condition of these Terms of Service or to act with respect to similar breaches.

12.6 If a provision of these Terms of Service is held invalid or unenforceable for any reason, that provision shall be construed in a manner consistent with applicable law to reflect as nearly as possible the intention of the parties, and the remaining provisions will not be affected and remain in full force and effect.

12.7 If you believe your work has been copied in a way that constitutes copyright infringement, email [email protected]. To be effective, your notice must include all of the following:

• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material you claim is infringing is located on the Site;
• your address, telephone number, and email address, and all other information reasonably sufficient to permit us to contact you;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12.8 If you are a California resident, under California Civil Code section 1789.3 you may contact us at [email protected] to resolve a complaint regarding the Services or to receive further information regarding their use.