Abbott Study Portal Terms of Use

Abbott (“We”) created and maintain this Website (https://studyedc.sjm.com) for use by institutions, principal investigators and their employees (each, a “User” or “you”) who are conducting clinical trials sponsored by Abbott. You are being granted access to this Website because (1) you or the institution or medical clinic for which you work has entered or is in the process of entering into a separate agreement with Abbott to conduct a clinical trial sponsored by Abbott (a “Study Agreement”) and (2) you agree to comply with these Terms of Use.

Abbott hosts this Website in the United States and makes no representation that this Website is appropriate or available for use in all locations. These Terms of Use apply equally to each User’s employees and any other person or entity that is provided access to the Website directly or indirectly by you. In consideration of your use of this Website, you agree to comply with these Terms of Use.

Acceptance of Terms of Use
These Website Terms of Use state the terms and conditions under which you may use this Website. Please read these Terms of Use carefully. If you do not accept these Terms of Use you will not be able to use this Website. By checking the box below, you are indicating your acceptance to be bound by these Terms of Use.

Changes to Website Terms of Use
Abbott reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Website – following any such change – constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Website.

Modifications to Website
Abbott reserves the right to modify or discontinue this Website (or any portion of this site), temporarily or permanently, with or without notice to you. Abbott shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue this Website (or any portion of this site). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these terms.

Acceptable Site Use

Website Security Rules
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, engaging in any of the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) attempting to utilize another party’s account name or identity without authorization from that party. Violations of system or network security may result in civil or criminal liability.

Registration and Password
Certain areas of the Website may require a user identification and password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of our registration (i.e. user identification), whether or not authorized by you. You agree to immediately notify Abbott of any unauthorized use of your registration (i.e. user identification) and password. You agree to accept all risks of unauthorized access to your information and content.

Inappropriate and Illegal Content
You shall not use the Website to transmit, distribute or store material that is inappropriate, as reasonably determined by Abbott, or material that is illegal, defamatory, libelous, indecent, pornographic, or inconsistent with the generally accepted practices of the Internet community. You shall ensure that you and your user’s use of the Website and all content transmitted, distributed or stored on the Website do not violate any applicable domestic or foreign laws or regulations or any rights of any third party. You shall not use the Website to transmit, distribute or store material that contains a virus, worm, Trojan horse or other component harmful to the Website, any other network or equipment, or other Users.

Nondisclosure
You will not disclose information about Website features or performance to any third party without our prior consent, except as required for legal, regulatory or accreditation purposes.

Responsibility for Content and Disclaimers
This Website contains some content provided for your convenience by Abbott. The Website and content are provided “AS IS.” This content is provided for your convenience only and may contain inaccuracies or typographical errors. Abbott makes no representations, warranties, conditions, or covenants, express or implied, about the accuracy, reliability, completeness, or timeliness of the Web Site or its content. You acknowledge and agree that your access and use of the Website and the content is at your own risk and liability. Changes are periodically made to the Website and may be made at any time. You are entirely responsible for all content that you upload, post or otherwise transmit via the Website. You are solely responsible for (1) any content you publish or make available through the Website; and (2) maintaining a copy of your content

Study Data and Privacy
Ownership and privacy of study data submitted by you through this Website is governed by the terms of the Study Agreement and applicable law.

Availability of the Web Site
In exchange for your promises and performance of the terms and conditions of this Website Terms of Use, we will do the following: (1) we will use reasonable efforts to make the Website available to you for use but we do not guarantee that your access to any of the Website will be uninterrupted or error-free; (2) we will provide you with limited initial and ongoing technical training and support for the Website. Ongoing commercially reasonable support will be available to you at reasonable times. Some of our support will be in person and other support will be available to you by toll-free telephone or by e-mail. (3) we will make Website updates and changes available to you from time to time in our sole discretion.

Trademarks
The Abbott logos are trademarks or registered trademarks of Abbott and are protected by U.S. and international trademark law. The Abbott logo, all product names, all custom graphics, all custom photographs, and all trademarks and logos appearing on this Website, unless otherwise noted, are trademarks and/or trade dress of Abbott. Abbott’s trademarks may not be used without the prior express written permission of Abbott.

Limitation of Liability
In no event shall Abbott be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by your or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site or any services provided through the site, even if Abbott was advised that such damages were likely or possible. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or viruses which may infect your equipment, failure of mechanical or electrical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of God. Some jurisdictions do not allow the limitation or exclusion of liability in some instances. Accordingly, some of the above limitations may not apply to you.

Termination
We may, in our sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. We shall not be liable to any party for such termination.