PPD Data Portal Terms of Use

PLEASE READ THESE TERMS OF USE CARFULLY BEFORE USING THIS SYSTEM SO YOU FULLY UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES, AND THE LIMITATIONS APPLICABLE TO YOUR USE. 

The following terms and conditions ("Terms of Use") apply to your use of PPD Data Portal.  By logging into PPD Data Portalwith a username and password or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree on behalf of yourself and the company with whom you are employed to (i) be bound by these Terms of Use, and (ii) that any information you provide about yourself will be handled in accordance with PPD's Privacy Policy found at http://www.ppdi.com/About/Privacy-Policy.aspx.  

PPD Data PortalTerms of Use

1. PPD Data Portal (the "System") is a document exchange and collaboration system provided to clients of PPD Development, L.P. and its affiliates (collectively "PPD"). Use of the System is offered to employees, representatives, and authorized agents of PPD's clients and study investigator sites involved in PPD client sponsored projects (each, a "User") and is intended to assist such Users in accessing, viewing, and exchanging data. The System provides test result data and other study management information. The System does not monitor product safety or identify safety problems associated with any drug. The System is not a substitute for the exercise of professional judgment in fulfilling any monitoring and/or reporting obligations.
       
2. In many cases, data are delivered to the System in real time. Further verification, modification or "cleaning" is occasionally necessary as additional information becomes available. Any such changes are incorporated in the System as they become available. Under no circumstances should the data contained in the System be subjected to statistical analysis or in any way serve as a substitute for data transmitted in a final, clean dataset.  User acknowledges that multiple Users (other than PPD) may post data onto the System.   Thus, while PPD attempts to provide accurate and up to date data on the System, except with respect to those records specifically indicated by PPD as being a final and complete record (each a "Complete Record"), the data in the System is provided "AS IS" and PPD makes no representation or warranty that the data on the System are accurate or suitable for any particular purpose.
    
3. User acknowledges that the System is provided "AS IS". PPD expressly disclaims any warranties of any kind with respect to the System, whether express or implied, and specifically disclaims any implied warranty of merchantability or fitness for a particular purpose, and any warranty of non-infringement. Accordingly, the User acknowledges and agrees that the entire risk as to the performance of the System and the information on the System is assumed by User.
    
4. The PPD client sponsoring a project (the "Sponsor") is responsible for managing its User accounts, including granting access to the System. PPD may grant certain Users, including, but not limited to, employee(s) of a Sponsor, the ability to grant other Users access to the System (each such User with such rights shall be referred to as an "Administrative User").  Each Administrative User will ensure that access to the System will be provided to Users solely on a need to know basis.  Except with respect to PPD or an Administrative User who is an employee of Sponsor, Administrative Users may not provide access to the System to any person who is not an employee of the company that employs such Administrative User. An Administrative User may not grant access to a person who is employed by a direct competitor of PPD, without the prior written consent of PPD. Under no circumstances is PPD liable for the use of the System, or the use or disclosure of any data or records in the System, by any User granted access to the System by any Administrative User. 
    
5. User will not allow any other person to have access to or otherwise disclose the information contained on the System without the prior written consent of PPD or the Sponsor. All passwords used to access the System must be kept confidential and are not to be shared or used by any unauthorized third party. If User believes that a password has become known to someone else, contact the System support team at 1.866.765.0279 in North America or +44(0) 1223 374 580 for all other regions.  Under no circumstance may any person who ceases to be an employee, representative or authorized agent of a Sponsor or a study investigator site involved in a Sponsor project access the System. PPD has the right to disable any User name and/or password at any time and for any reason.
    
6. The data, records and other information on the System are proprietary and confidential.  All data, records and other information on the System is and shall remain the confidential and proprietary property of PPD or the Sponsor as the case may be.  User shall not use or disclose to any third party any data, records or other information on the System, without the prior written consent of the Sponsor or PPD as the case may be.  User agrees to take at least as much care in keeping the information confidential as User would in connection with User's own, or User's employer's confidential information.  User will process any and all data, records or other information in compliance with all applicable data privacy laws (if any).  User expressly acknowledges that the System and its features and functionality are owned by PPD.  User may not reproduce, modify, create derivative works of, or publicly display the System or its features and functionality without the express written consent of PPD.  
    
7. User shall not use or access the System or any data, records or other information on the System for any purpose other than with respect to the User's obligations relating to the project with which User is involved.  User agrees not to use the System: (i) in any way that violates any applicable federal, state, local or international law or regulation; (ii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (iii) to impersonate or attempt to impersonate another user or any other person or entity; (iv) use the System in any manner that could disable, overburden, damage, or impair the System or interfere with another user's use of the System; and (v) not to upload any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate the System. 
   
   
8. The System may allow Users to post, submit, publish, display or transmit to other users (hereinafter, "post") data, information, content or materials (collectively, "User Contributions") on or through the System.  Users expressly acknowledge that the System is currently not designed to accommodate blinded data and thus, Users agree to only post User Contributions on the System that are intended to be unblinded.  Under no circumstances is PPD liable for any User Contribution resulting in or leading to a Sponsor project becoming unblinded.  All User Contributions must comply with the Content Standards set out in these Terms of Use.  User represents and warrants that: (i) User owns or controls all rights in and to the User Contributions and has the right to post the User Contributions and permit other Users to use the User Contributions in a manner consistent with these Terms of Use; and (ii) all User Contributions do and will comply with these Terms of Use.  User understands and acknowledges that User is responsible for any User Contributions that User submits or contributes, and User, not PPD, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  PPD is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by User.  
    
9. These content standards ("Content Standards") apply to all User Contributions and use of System: (i) User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations; and (ii) User Contributions must not: (a) contain any material which is defamatory, obscene, harassing, or otherwise objectionable; (b) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; or (c) violate the legal rights of others or contain material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and PPD's Privacy Policy.  As noted in paragraph 8 above, Users agree to only post User Contributions on the System that are intended to be unblinded.   
    
10. Each User acknowledges that PPD does not have control over User's use of the System.   PPD tries to ensure the System is available for use 24 hours per day, 7 days per week other than for brief periods of maintenance and updates; however, PPD does not warrant or represent that the operation of the System will be uninterrupted or error free. PPD may suspend all or part of the System without liability or prior notice in order to (i) maintain and/or repair the System; (ii) as PPD determines may be required by law or regulation; or (iii) as PPD determines to be necessary to protect the System.
     
11. PPD IS NOT RESPONSIBLE OR LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SYSTEM AND/OR THE INFORMATION CONTAINED ON THE SYSTEM.  WITHOUT LIMITING THE FOREGOING, USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PPD SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER OF THE SYSTEM TO CONFORM TO THESE TERMS OF USE, (II) ANY INTERRUPTION OR UNAVAILABILITY OF OR INABILITY TO USE THE SYSTEM OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM, (III) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY INFORMATION ON THE SYSTEM, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION ON THE SYSTEM.  THE USER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE SYSTEM IS TO STOP USING THE SYSTEM. THE MAXIMUM LIABILITY OF PPD FOR ALL DAMAGES, LOSSES SUFFERED AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY USER, IF ANY, TO ACCESS THE SYSTEM, OR IN THE CASE OF SPONSOR, THE TOTAL AMOUNT PAID BY SPONSOR TO PPD FOR SERVICES RELATING TO THE PROJECT.
    
    User may have or may in the future have claims against PPD which User does not know or suspect to exist in User's favor when User agreed to these Terms of Use and which if known, might materially affect User's consent to these Terms of Use. User expressly waives all rights User may have under Section 1542 of the California Civil Code, which states:
    
    A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
     
12. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.
     
13. PPD may change these Terms of Use from time to time by posting a modified copy on this site. These changes will be effective and binding as of posting of the modified copy, unless a different effective date is specified.  User's continued use of the System following the posting of revised Terms of Use means that you accept and agree to the changes. User is expected to check this page from time to time so User is aware of any changes.   
     
14. All matters relating to these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. 
     
15. With respect to any provision of these Terms of Use that is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.