e-RESEARCH TECHNOLOGY INC. WEB SITE TERMS OF USE
By
accessing and using the eResearchTechnology Inc. web site, ert.com (the
"Web Site"), you are agreeing to be legally bound by these Terms of
Use. By using the eResearchTechnology Inc. Web Site, you represent that
you are 16 years or older and agree to abide by the following Terms of
Use. If any of these terms are unacceptable to you, you may not access
the eResearchTechnology Inc. Website until agreement has been reached
between you and eResearchTechnology Inc. as to the applicable terms of
use. The terms "you" and "User" refer to anyone who accesses the
eResearchTechnology Inc. Web Site.
eResearchTechnology Inc. (ERT) may change these Terms of Use at any time without notice. Changes will be posted at www.ert.com under "Terms of Use". Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.
It is advised that you also read the eRT Customer Privacy Policy.
1. Use of the eResearchTechnology Inc. Web Site eResearchTechnology Inc. hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site for the fees, if applicable, and under the terms set forth below.
The Web Site and the content, including, but not limited to, text, data, reports, ratings and other opinions, images, photos, graphics, graphs, charts, animations and video (the "Content"), displayed on the Web Site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of eResearchTechnology Inc..
The Content is the property of eResearchTechnology Inc. or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of eResearchTechnology Inc. or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of eResearchTechnology Inc. or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.
You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a non-commercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the phrase "Used with permission from sandp.com, a web site eResearchTechnology Inc.". However, you may not post any Content from the Web Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other web sites, without the prior written consent of eResearchTechnology Inc.. To request consent for other matters, you may contact eResearchTechnology Inc. at info@ert.com.
You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by eResearchTechnology Inc. to protect eResearchTechnology Inc. proprietary interests in the eResearchTechnology Inc. website.
2. Limitation On eResearchTechnology Inc. Warranties And Liability You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. eResearchTechnology Inc. will not pay you any damages in connection with your browsing or use of the Web Site.
THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. NEITHER eResearchTechnology Inc. MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE eResearchTechnology Inc. WEBSITE, THE eResearchTechnology Inc. WEBSITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE eResearchTechnology Inc. WEBSITE. eResearchTechnology Inc. HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. eResearchTechnology Inc. SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL eResearchTechnology Inc., NOR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE eResearchTechnology Inc. WEBSITE. NEITHER eResearchTechnology Inc. NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL eResearchTechnology Inc., ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
3. Links To Other Web Sites You may, through hypertext or other computer links, gain access to web sites operated by persons other than eResearchTechnology Inc.. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that eResearchTechnology Inc. is not responsible for the content or operation of such web sites, and that eResearchTechnology Inc. shall have no liability to you or any other person or entity for the use of third party web sites. A hyperlink from this Web Site to another web site does not imply or mean that eResearchTechnology Inc. endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from eResearchTechnology Inc. Web Site. eResearchTechnology Inc. assumes no responsibility for the use of third party software on the eResearchTechnology Inc. site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
4. Timeliness Of Content The Content displayed on the Web Site, including, but not limited to, reports and other opinions, are current as of the date appearing on the report and are subject to change without notice. Unless indicated otherwise, ratings are updated periodically by eResearchTechnology Inc. to reflect changes in the market and other criteria. eResearchTechnology Inc. does not guarantee or warrant the accuracy, timeliness, or completeness of any ratings you receive using the Web Site.
5. Additional Legal Terms This Agreement will continue until terminated by either eResearchTechnology Inc. or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
eResearchTechnology Inc. may discontinue or change the
eResearchTechnology Inc. Website, or its availability to you, at any
time.
This Agreement constitutes the entire agreement between the
parties relating to the eResearchTechnology Inc. Website and supersedes
any and all other agreements, oral or in writing, with respect to the
eResearchTechnology Inc. Website. The failure of eResearchTechnology
Inc. to insist upon strict compliance with any term of this Agreement
shall not be construed as a waiver with regard to any subsequent failure
to comply with such term or provision. This Agreement is personal to
you, and you may not assign your rights or obligations to anyone. If any
provision in this Agreement is invalid or unenforceable under
applicable law, the remaining provisions will continue in full force and
effect. This Agreement, your rights and obligations, and all actions
contemplated by this Agreement shall be governed by the laws of the
United States of America and New York State, as if the Agreement was a
contract wholly entered into and wholly performed within New York State.
All rights not expressly granted herein are reserved.
6.
Anti-Hacking Provision You may not, nor may you allow others to,
directly or indirectly, attempt or actually disrupt, impair or interfere
with, alter or modify the Web Site or any Content. You may not, nor may
you allow others to, directly, or indirectly, collect or attempt to
collect any information about others, including passwords, account or
other information.
PRIVACY POLICY: DATA PRIVACY AT eRESEARCH TECHNOLOGY, INC. (eRT)
eRT Website Privacy Statement This Privacy Statement applies to all visitors who register on the eRT website, http://www.ert.com.
The personal information we collect when you register on our website can be provided by you for several different reasons which are described below:
1. You can register to receive information on an automated, “alert” basis. The type of information that you can register to receive on an automated basis includes general information about eRT, such as:
* Press releases
* News and presentations
* SEC reports
* Investor Relations calendar updates
* Annual Report / Other financials
* Video / Audio archives
The personal information collected when you register to receive information on an automated basis is your email address. Each time you receive an automated email alert, you have the option of canceling your registration and removing your email from the database by simply clicking on the unsubscribe link at the bottom of each email alert message.
2. You may opt to provide us information about yourself if you are interested in an employment opportunity at eRT. The information requested from you will be based on your area of interest.
3. You can register to receive customized information. This information is generally collected on “Contact Us” forms where you can ask questions or request information. The personal information you provide on these forms may include your name, title, company name, address, contact telephone numbers, and email address. Physicians who may be interested in participating in clinical trials may also be asked to provide their areas of expertise and their experience.
4. You can choose to register to receive access to webcasts, periodic newsletters, or information on a specific eRT product or service. Generally, the personal information collected when you register to receive this type of information is your name, company, affiliation, and email address. This information is collected for qualification and aggregate measurement purposes only.
eRT Website Privacy Statement This Privacy Statement applies to all visitors who register on the eRT website, http://www.ert.com.
The Way We Use Information We store the information you provide about yourself in a secure database in order to provide you with the information, products, and/or services you request. The information that is stored for the lifetime of the database unless you request that it be removed. The information you provide us about yourself will be shared with eRT employees to the extent necessary to accommodate your request. You must consent for us to share your identifiable information with third parties, who would be bound by a confidentiality agreement.
For example, if you provide your name, mailing address, telephone and email address and request more information about eRT’s services this information will be shared with appropriate eRT personnel to fulfill your request. This information will not be shared with any outside third parties without your consent.
We use non-identifying and aggregate information about the use of our website to improve the navigation, content, and design of our site. This information may include, for example, the most and least requested pages and the number of users from the U.S. and other countries, among other things.
Finally, unless otherwise excepted below, we would not use your personally identifiable information provided to us online for purposes other than those you requested without also providing you an opportunity to agree or otherwise limit such unrelated purposes.
Exceptions
Except as described above, we will not otherwise use or disclose any of your personally identifiable information, except to the extent reasonably necessary: (i) to correct technical problems and malfunctions and to technically process your information; (ii) to protect the security and integrity of our website; (iii) to protect our rights and property and the rights and property of others; (iv) to take precautions against liability; (v) to the extent required by law or to respond to judicial process; or (vii) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety, as applicable.
Our Commitment To Data Security
The
personal information your provide is stored in a secure electronic
database that has access limited to only those who need to know your
information in order to address your requests. Our computer systems have
physical, electronic and supervisory procedures in place to ensure that
your information is not altered in any way without your authorization.
eRT also has a corporate policy in place that requires all personnel not
to disclose personal information to any third party that is not
entitled to have that information.
Cookies
A cookie is a piece
of data stored on the hard drive of your computer. Usage of a cookie is
in no way linked to any personally identifiable information while on
our site. eRT uses cookies on our website in order (a) to allow site
visitors to personalize their experience by accessing information,
products, and services relevant to their areas of interest, (b) to track
a user session within a subscribed product, and (c) to allow site
visitors to vote only once in periodic opinion polls.
We receive
IP addresses in the normal course of the operation of our website. An IP
address is a number assigned to you by your Internet service provider
so you can access the Internet. Although we do receive IP addresses, we
do not use them to identify you personally or disclose them to others.
Our Commitment To Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information at our website from those we know are under 13 years of age, and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
You may update or remove the information you provided to us by contacting us—see Contact Us on the eRT website, or the section below on “How to Contact eRT”. To protect your privacy and security, we will also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business. Information stored as part of this backup process will be deleted in due course on a regular schedule.
Links To Other Websites
Our website may contain links to other websites. You should carefully review the privacy policies and practices of other Web sites, as we cannot control or be responsible for their privacy practices.
eRT EU—US Safe Harbor Privacy Statement
This
Policy Statement applies to all personal information received by eRT in
the United States from the European Union. The privacy principles
included in this statement are based on the Safe Harbor Privacy
Principles that can be found on the U.S. Department of Commerce website,
http://www.export.gov/safeharbor/sh_overview.html.
Notice On How We Will Use Your Information
When
eRT collects personal information directly from individuals, they will
be informed about the purpose for which the information is collected and
if there is an intent to provide that information to a third party.
Individuals will also be notified if there is an intent to use the
information for purposes other than those originally disclosed. This
notice will be provided to individuals in a clear and conspicuous
language before such personal information will be used for purposes
other than that for which it was originally collected or processed.
Your Privacy Choices
eRT
will offer individuals the opportunity to choose (opt out) whether
their personal information is to be disclosed to a third party or is to
be used for a purpose that is incompatible with the purpose(s) for which
it was originally collected or subsequently authorized by the
individual.
For sensitive information, eRT will give individuals
the opportunity for an explicit affirmative choice (opt in) to have
their information disclosed to a third party or used for purpose(s)
other than those for which it was originally collected or subsequently
authorized by the individual.
Sensitive information is personal
information specifying medical or health conditions, racial or ethnic
origin, political opinions, religious or philosophical beliefs, trade
union membership, or information specifying the sexual orientation of
the individual.
Transferring your information to a third party
eRT
may provide your information to third parties such as clients for whom
we work, affiliates, vendors, or to regulatory agencies; but your
information will always be protected under the terms of this Privacy
Policy. This will be achieved by first ascertaining that the third party
will provide the same level of privacy protection as described in this
Privacy Policy. If it becomes known that a third party organization
which has received personal information is using or disclosing it a
manner contrary to this Policy, eRT will take reasonable steps to
prevent or stop this use or disclosure.
How your information is secured
eRT
employs reasonable precautions to prevent your personal information
from loss, misuse, unauthorized access, disclosure, alteration or
destruction. We also take reasonable steps to ensure your information is
reliable for its intended use, accurate, complete and current. This is
achieved by storing your information in a secure electronic database
that is a component of a computer system that has physical, electronic
and supervisory procedures in place to ensure compliance with all
electronic records regulations.
How your dispute or complaint may be resolved
Any
questions, concerns or complaints regarding the use of your personal
information should be directed to the eRT Privacy Officer using the
contact information presented below. eRT will attempt to resolve any
dispute or complaint relating to the misuse or improper disclosure of
personal information by investigating it in accordance with the
principles contained in this Policy. Appropriate corrective and
preventive action will be implemented and follow-up on such action will
be conducted to verify that the expressed concern or complaint has been
resolved.
How to contact eRT regarding Privacy issues
Questions, concerns, or complaints regarding this Policy or the handling of your personal information should be submitted to:
Keith Schneck
Exec. Vice President and Chief Financial Officer
eResearchTechnology Inc.
1818 Market Street, Suite 1000
Philadelphia PA, 19107
kschneck@ert.com
Changes to this Privacy Policy
This
policy may be amended from time to time to ensure consistency and
compliance with changes in the Safe Harbor Principles or in statutory
requirements. Changes to this policy will be posted on the eRT website
and we recommend that you review this Policy to ensure you are aware of
any changes made to it.
Effective Date
This Privacy Policy became effective on: 10 August 2007 and was last updated on 10 August 2007.
COPYRIGHTS AND TRADEMARKS
The information contained in this material is subject to change without notice. While every effort is made to ensure the accuracy of the information in this material, eResearchTechnology, Inc. offers no warranty, expressed or implied, concerning the contents of this material.
All rights reserved.
ERT, GETTING IT DONE. RIGHT., and associated logos and designs are registered trademarks of eResearchTechnology, Inc.
EXPERT Technology Platform, Cardiac Safety Solutions, ePRO Solutions, Clinical Research Consulting Group, ERT WebService™ are trademarks of eResearchTechnology, Inc.
EXPERT, EXPERT Direct, EXPERT ePRO, and My Study Portal are proprietary software applications of eResearchTechnology, Inc., and are protected under copyright law. All rights reserved. EXPERT is a registered trademark of eResearchTechnology, Inc. All other marks noted are trademarks of eResearchTechnology, Inc.
AM1™, AM1+™, AM2+™, AM3™, AMOS, AsthmaMonitor™, BioSigna™, Clean Peak Flow™, , CorLab™, CorPC™, CorSafe™, CorScope™, CorScreen, CorWeb™, ERT WebService™, FLOWSCREEN, HC™, HC1™, HES™, HES EKG Systeme™, MasterScope™, MasterScope CT™, SpiroPRO, Tele-AM™, VIAPAD™, and VIAPEN™ are trademarks of eResearchTechnology, Inc., or its subsidiaries.
DIARYpro® Mobile, DIARYpro® Web, SITEpro® Tablet, EPX™, and EasyCharge™ are trademarks of eResearchTechnology, Inc., or its subsidiaries.
Adobe, Acrobat, and Adobe JRun are registered trademarks of Adobe, Inc. Copyright © 2009 Adobe Systems
Incorporated. All rights reserved.
AM12™, Ambulo™, Custom ID™, ELI-PC™, ELI10, ELI100, ELI150, ELI™ 150c, ELI200, ELI250, ELI™ 250c, E-Scribe™, H12+24H and H12+48H, H-Scribe™, Positive ID™, Surveyor™, VERITAS™, and WAM™ are trademarks of Mortara Instruments, Inc.
AutoCode CS is a trademark of TRW Inc.
BarTender is a registered trademark of Seagull Scientific, Inc.
Bluetooth® is a registered trademark of Bluetooth SIG. All rights reserved.
CalECG, AMPS FDAEcg Suite, FAT-QT and ECGScan are trademarks of A.M.P.S, LLC. Digital ECG XML Viewer is a copyright 2003 of A.M.P.S, LLC.
CardioDay®, CardioRead® and CardioMem® are registered trademarks of Getemed AG.
Crystal Reports® is a registered trademark of Business Objects, S.A.
HP and HP-UX are trademarks of the Hewlett Packard Company.
IBM® and Cognos® are trademarks or registered trademarks of International Business Machines Corp., registered in many jurisdictions worldwide.
JIRA® and Atlassian Crucible®. Copyright © 2012 Atlassian. All rights reserved.
Kodak Image Pro is a trademark of the Eastman Kodak Company.
MAC 1200 Resting ECG System, MAC 5000 Resting ECG System, GE Healthcare MAC™ 800 ECG Analysis System, GE Healthcare MAC™ 1600 ECG Analysis System, MONOGRAM™, MUSE®, TONOPORT™ V, and 12SL™ are registered trademarks of GE Medical Systems, Inc.
Microsoft Internet Information Server, Windows, and Windows NT are registered trademarks of Microsoft Corporation.
Oracle, PL/SQL, Pro*C, SQL*DBA, SQL*Forms, SQL*Net, SQL*Script, and SQL*Plus are trademarks of Oracle Corporation.
pdfFactory is a copyright © FinePrint Software, LLC 1995-2008.
RS6000/AIX is a trademark of the IBM Corporation.
Salesforce.com is a copyright © 2000-2010 of salesforce.com, inc. Web-based Customer Relationship Management (CRM) Software-as-a-Service (SaaS).
SAS is a registered trademark of the SAS Institute, Inc.
Sun Solaris, JAVA, Sun JRE, and Sun JDK are trademarks of Sun Microsystems, Inc.
WIBU is a registered trademark of WIBU Systems AG.
This Proprietary and Confidential Software is derived in part from the SSLava Toolkit, which is a copyright 1996-2000 by Phaos Technology Corporation. All rights reserved.
All other products, services, or company names mentioned herein are claimed as trademarks and/or trade names of their respective owners.