DR 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- No
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms
of Use.
- 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.
- 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.
- 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.