 |
1. Acceptance
of Terms of Service. Welcome to pddetrials.com. Use of the Pacific Data Designs web site and the services available to you from the pddetrials.com web site is subject to the following Terms of Service (``TOS''). In addition, when using particular pddetrials.com services or applications, you shall be subject to any posted guidelines applicable to such services or applications. All such guidelines are hereby incorporated by reference into the TOS. Please read the TOS carefully before using our web site or our services, as your use of the pddetrials.com web site or services will signify your assent to be bound by the terms and conditions contained in this TOS. 2. Description
of Service. Pddetrials.com provides users with access to Clinical Trial Data via a web browser. 3. Access. In order to use the Service, you need the equipment necessary to connect to the World Wide Web, and the connections necessary to access the World Wide Web. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider or other online service). 4.
Registration. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the ``Registration Data'') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or pddetrials.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, pddetrials.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 5. Privacy. Your privacy is important to pddetrials.com. All Registration Data and any other information gathered from you in connection with your use of the Service will be governed by the provisions of the pddetrials.com Privacy Policy, which is available at http://www.pddetrials.com/privacy.htm. 6. Password and
Security. You are responsible for keeping your user name and password confidential. We recommend you memorize this information, and not write it down. You are responsible for all activity occurring through use of your account and/or password. You also agree to take all reasonable measures to protect the confidentiality of your login credentials and not to divulge you user name and password to any other party. This includes agreeing that no other party can use the system under your user name and password. You agree to (a) immediately notify pddetrials.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. pddetrials.com will not be responsible for any loss arising from your failure to comply with this Section. 7. Member
Conduct. You agree to not use the Service to:
8. Copyright;
Restrictions on Use. pddetrials.com respects the intellectual property of others, and we ask our members to do the same. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content or portion of the Service. If you feel that any Content on the Service infringes your copyrights, please contact pddetrials.com's copyright agent, who can be reached as follows:
9. Changes to
the Service or TOS. Pddetrials.com reserves the right to modify, suspend or discontinue all or any portion or service of the Service at any time, with or without notice. Unless explicitly stated otherwise, any new features that modify or enhance the current Service, including the release of new features or software applications by pddetrials.com, shall be subject to the TOS. You agree that pddetrials.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Pddetrials.com reserves the right to modify the TOS at any time. Any modifications shall be effective upon the earlier of the posting by pddetrials.com of the modified TOS at the following URL http://www.pddetrials.com/terms.htm, or direct e-mail notification of the changes to you. You agree to review these TOS periodically so that you are aware of any modifications. Your continued use or membership of the Service shall be deemed your acceptance of the modified TOS. You agree that the above-listed standards for notice of changes are reasonable. 10. Failure to
Comply with TOS. You acknowledge and agree that pddetrials.com may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that pddetrials.com believes, in its sole discretion: (a) violates any term or provision of the TOS, (b) violates the rights of pddetrials.com or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, pddetrials.com reserves the right to terminate inactive membership accounts. You agree that upon termination, we may delete all files and information related to your account and may bar your access to your account and the Service. Further, you agree that pddetrials.com shall not be liable to you or any third-party for any termination of your access to the Service.
You acknowledge and agree that the Service and any necessary software used to enable the basic functions of the Service (``Software'') contain proprietary and confidential information of pddetrials.com that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by pddetrials.com or advertisers, you agree not to modify, copy, rent, lease, loan, sell, distribute, transfer, transmit, display, create derivative works based on or in any manner commercially exploit the Service, in whole or in part.
Pddetrials.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. 12. Disclaimer
of Warranties. THE SERVICE CONTAINS CONTENT, AND OTHER INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. PDDETRIALS.COM DOES NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR OTHER INFORMATION CONTAINED IN OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT YOU WILL BEAR ALL RISKS ASSOCIATED WITH YOUR RELIANCE ON OR USE OF ANY CONTENT OR OTHER INFORMATION CONTAINED IN THE SERVICE. THE SERVICE IS PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PDDETRIALS.COM AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IN ADDITION, ALTHOUGH PDDETRIALS.COM INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, PDDETRIALS.COM DOES NOT WARRANT THAT THE SERVICE, THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 13. Limitation
of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL PDDETRIALS.COM OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE SERVICE OR (II) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF PDDETRIALS OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 14.
Indemnification. You agree to indemnify, defend and hold harmless pddetrials.com, and its subsidiaries, affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your failure to comply with the TOS, your infringement, violation or misappropriation of any intellectual property or other right of a third party or from your violation of any applicable law. 15. Notice. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. 16. Trademarks. Pddetrials.com, the pddetrials.com logo, and other pddetrials.com logos and product and service names are trademarks or service marks of Pacific Data Designs, LLC. You agree not to display or use in any manner the pddetrials.com Marks without pddetrials.com's prior written permission. Third party trademarks, service marks, logos and trade names appearing on the Service are the property of their respective owners. 17.
Miscellaneous. These Terms of Service constitute the entire agreement between you and pddetrials.com with respect to the Service, and the TOS replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Service. The TOS shall be governed by the laws of the State of California, without regard to its conflicts of laws provisions. If any provision of the TOS is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the TOS shall remain in full force and effect. The failure by pddetrials.com to insist upon or enforce strict performance of any provision of the TOS will not be construed as a waiver of any provision or right of pddetrials.com. The TOS will inure to the benefit of pddetrials.com and its successors and assigns. 18. Violations. Please report any violations of the TOS to our Customer Care group.
|