Gotoprotocol: Terms & Conditions of Use
USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY ACCESSING THIS SITE YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS SITE. THESE TERMS MAY BE CHANGED BY GOTOPROTOCOL, INC. AT ANY TIME IN ITS DISCRETION. YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES TO THESE TERMS INDICATES YOUR ACCEPTANCE OF THESE TERMS, EVEN IF YOU HAVE NOT READ THEM.
This web site (the "Site") contains pages and materials made available for download and viewing by Gotoprotocol, Inc. (with its affiliates, successors and assigns, “GTProtocol” or “we/us”), by individual members ("Members") of the Site, and by sponsors of the Site (“Sponsors”) and other content contributors (“Third Parties”). Portions of the Site authored by GTProtocol or its authorized agents, contractors, and employees are referred to herein as "GTProtocol Materials." Portions of the Site authored by Members are referred to herein as "Member Materials." Portions of the Site authored by Sponsors are referred to herein as “Sponsor Materials.” Content from Third Parties is referred to herein as "Third Party Materials." These pages and materials are collectively the “Materials.”
As used in these Terms & Conditions of Use (this “Agreement”), “you” or “user” means both (i) the individual now registering as a user of the Site or the existing user of the Site now agreeing to this Agreement, as the case may be, and (ii) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.
Use of Materials
All Materials on the Site are protected by federal and international copyright and trademark laws and are the property of GTProtocol, its Sponsors, and/or its affiliates. No portion of the Materials may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of GTProtocol or the owner of such Materials. You may view or download Materials for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded Materials and you shall comply with any applicable end user license agreements. Any rights not expressly granted by this Agreement or any applicable end user license agreements are reserved by the owner, as applicable, of the Materials.
Accuracy of Materials
Although GTProtocol attempts to ensure the integrity and accuracy of the GTProtocol Materials, it makes no guarantees whatsoever as to their correctness. It is possible that the GTProtocol Materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy arises, please inform GTProtocol so that it can be addressed. Information contained on the Site may be changed or updated without notice.
Your Registration and Materials
By registering for an account or using the Site, you represent that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Site. You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties. You also agree not to use the Site if you are temporarily or permanently suspended from using the Site. You represent and warrant that (i) all information and Materials submitted to GTProtocol or to the Site (including your name, address and other information associated with your account (“User Information”)), and all information communicated to other users of the Site, is true, accurate, up-to-date and not misleading, and (ii) you have the right, without permission of any other person or entity, to submit any Materials you have submitted to GTProtocol.
Use of Member Materials and Third Party Materials
All Member Materials, Sponsor Materials, and Third Party Materials on the Site are the responsibility of their respective authors, creators, and/or owners. GTProtocol will make reasonable efforts to ensure that all Sponsor Material such as protocols, events, and contact information is accurate and up-to-date. However, the Site is not intended to replace the actual copy written protocols provided by Sponsors but only as a quick reference tool. GTProtocol is not responsible for Member Materials and Third Party Materials, and the views and opinions expressed in Member Materials and Third Party Materials are not necessarily those of GTProtocol or its affiliates. GTProtocol will endeavor to review Member Materials or Third Party Materials before they are made accessible through the Site. Nevertheless, please be advised that Sponsor Materials, Member Materials and Third Party Materials may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute Sponsor Materials, Member Materials or Third Party Materials may be limited accordingly.
Privacy and Security
Disclaimer Regarding Studies on Site
You assume total responsibility and risk for your use of the Site, Site-related services, and any hyperlinked web sites. The information contained in this site is not intended to replace the comprehensive study protocols distributed by the Sponsors. The information should not be considered complete, nor should it be relied on for study enrollment, or protocol compliance. It should not be used in place of the information provided by the applicable Sponsor. Always consult with your study sponsor or support staff for questions regarding accurate protocol compliance, important events, study design, or adverse event reporting. Neither GTProtocol nor information on this Site is intended to inform investigators, site staff, monitor, or sponsors about conducting of their clinical trials. We accept no responsibility for such materials and use of the Site is at your own risk.
YOU AGREE THAT USE OF THE SITE AND THE MATERIALS AND SERVICES ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL MATERIALS, CONTENT AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY STUDIES OR MATERIALS ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY SPONSOR OR OTHER USER OF THE SITE.
User Obligations and Prohibited Actions
As a user of the Site, you must not:
- Monitor, gather or copy any Materials or content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Post any Material, or engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, defamatory, libelous, offensive, obscene, threatening, harassing, abusive, contain profanity or that violate any right of any third party.
- Attempt to circumvent the security systems of the Site.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any GTProtocol server.
- Attempt to use the Site for any purposes other than those intended by GTProtocol, as determined by us in our sole discretion.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.
The Materials, content and the functionality of the Site, as well as this Agreement, may be updated or changed at any time without prior notice. In addition, if we become aware that you are copying, modifying or distributing Materials from the Site other than for the permitted uses of the Site, we reserve the right to revoke your access to the Site.
We may terminate or suspend your use of the Site, with or without notice to you at any time if we deem it necessary in our sole discretion to take such action for the protection of the Site or other users. We will notify you at the address you provided at the time of registration of any permanent termination from the Site. Should you wish to terminate this Agreement, you may do so in writing at Gotoprotocol, Inc 11755 Point Place Suite A-1 Roswell GA 30076
Proprietary Information Consent
If you wish to use Materials contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a Sponsor or other third party, then you must secure the prior written permission of such third party in order to use such material.
GTProtocol shall have the right to monitor use of this Site to determine compliance with this Agreement, and may, in its discretion, revoke or modify your access at any time if it determines that you are not complying with this Agreement.
Limitations of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF GOTOPROTOCOL, INC., ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, “GTP PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE MATERIALS, INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, A SPONSOR, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE, DELAYS OR DISRUPTIONS IN OUR SITE, ACTIONS TAKEN BY THIRD PARTIES THROUGH OUR SITE, ACTIONS TAKEN RELATED TO YOUR ACCOUT, OR VIRUSES OR MALWARE OBTAINED BY USING OUR SITE OR LINKS ON OUR SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE GTP PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED US$100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
You hereby release all the GTP Parties from claims and all liabilities of every kind, known and unknown, arising from disputes between you and other Users. By entering into this Agreement, you hereby waive any statutory or other type of protections that would otherwise limit this release to covering only known or suspected claims at the time of this release. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You hereby agree to indemnify, hold harmless and defend all the GTP Parties from and against any claims by third parties, including other users of the Site, for all costs and damages (including reasonable attorneys’ fees) incurred by such GTP Parties due to your breach of this Agreement, your negligent acts and omissions, and any intentional or willful misconduct by you.
Governing Law and Dispute Resolution
This Agreement, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your relationship with the GTP Parties shall be governed by and in accordance with the laws of the State of Georgia, excluding its conflicts of laws provisions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE.
Your electronic acceptance of this Agreement on the Site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual services on the Site, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and GTProtocol and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site). All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of the GTP Parties and you, and shall not be construed for the benefit of any third party.