Terms Of Use

Effective as of: Nov 3, 2017

Welcome to the Ecospor SER-109 study (the “Study”). These Terms of Use ("Terms") govern your access to and use of the Ecospor SER-109 website, services, and applications (the "Service") owned and managed by Seres Therapeutics (“Seres”).

Seres Therapeutics ("Seres," "we", "our", or "us") operates the Service that allows users ("User", "Users", "you", or "your") to provide Personal Information that will enable Seres to determine eligibility for the Study and then connect with Users to participate in the Study. Meeting eligibility criteria for the Study is not a guarantee that a User will be accepted into a clinical trial.

The Service enables Seres to see those profiles of Users who have given explicit permission, and to contact them about participating in the Study. If you are using the Service on behalf of a research organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "User", "Users", "you" and "your" refers to you and that Organization.

These Terms, which incorporate by reference the Privacy Notice posted on the Service (“Privacy Notice”), as amended and replaced from time to time, are the entire agreement between you and us. Your use of the Service is voluntary. By accessing or using the Service you agree to be bound by these Terms (which incorporates the Privacy Notice by reference), to comply with them and to indemnify us and our licensors, contractors (including Discover Therapies, defined herein), suppliers and any other third parties mentioned in the Service for any failure by you to comply. If you do not agree to these Terms and the Privacy Notice, you are prohibited from using the Service.

Your Account

When you sign up to become a User, you will have to register by creating a unique Account. We collect your "Personal Information", information that can be used to uniquely identify you, and a password to create your Account and to authenticate you when you sign in. The information you provide in your Account is necessary to assess your profile, match you to the Study, and to contact you regarding Study participation. For information on how we manage and protect your Personal Information, please see our Privacy Notice.

Service Does Not Provide Medical Advice

Content found on the Service or linked to the Service, such as websites, text, graphics, images, messages, information obtained from third parties, and other material may contain medical and health information. Such information is for informational purposes only, and is not intended to be a substitute for a medical examination or a physician's advice, diagnosis or treatment, nor is it intended to constitute general health advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User or by anyone who may be informed of the contents of such materials.

If you have a medical emergency, call your doctor, 911 or your medical emergency number immediately.

The Service does not endorse any product, clinical trial, physician, procedure, opinion, treatment or therapy. Always seek the advice of your doctor or healthcare provider whenever you have a personal question about a medical condition or symptom. Never disregard professional medical advice or delay seeking medical advice or treatment because of something you learn on a website.

Ability to Enter into Terms

In order to enter into these Terms, you must be fully able and competent to enter into the Terms and be able to abide by and comply with them. If you accept these Terms, you represent that you have the capacity to be bound by them.

The Service is not meant for children and minors. We do not intentionally collect information about people under 18 years old and are not able to include people under 18 years of age in the Study. If you are under 18 years of age, you are prohibited from using the Service.

Your Use of the Service

We grant you a limited, revocable, and non-exclusive right to access and make personal use of the Service. You agree that you are solely responsible for any activity that occurs on your Account, including information you provide. You are responsible for taking all reasonable steps to ensure that nobody else has access to your passwords or Account.

We reserve the right to amend the information on our Service or withdraw the services provided on the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service and for ensuring that any person who accesses the Service through your internet connection is aware of these Terms and that they comply with them.

You agree not to:

  • Use the Service in any way that breaches applicable law or regulations, or that is fraudulent or has an unlawful or fraudulent purpose or effect, or that harms or attempts to harm an individual.
  • Create an Account for commercial purposes, for example to learn more about the Service.
  • Use false credentials (i.e. name, email address, phone number) to create an Account.
  • Share any Personal Information about another individual unless that person has given you explicit permission to share it.
  • Reverse engineer, reproduce, modify, translate, de-compile, disable, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Service.
  • Modify, translate, or create derivative works based on any portion of the Service and/or the Service.
  • Access or use the Service in order to build a competitive product or service or copy any features, functions or graphics of the Service.
  • Access or use the Service for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  • Create any link to the Service or frame or mirror any Content contained or accessible from the Service.
  • Access, tamper with or use areas of the Service not intended for you, areas of the Service you haven't been invited to, or content or data on or available through the same.
  • Probe, scan or test the vulnerability of any portion of the Service or to breach, circumvent, modify or willfully tamper with security or authentication measures.
  • Provide or use "tracking" or monitoring functionality in connection with the Service, including, without limitation, to identify any other person's actions or other activities on the Service.
  • Use the account, username, or password of another User of the Service at any time or disclose your password to any third party or permit any third party to access your Account.
  • Collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service, or employing third party promotional sites or software to promote profiles for money.
  • Knowingly transmit any data or material containing any form of malware or any computer code intended to adversely affect the operation of any computer hardware or software.
  • Do any act or thing with the intention or effect of creating liability for us or our licensors, contractors (including Discover Therapies, defined herein), suppliers and any other third parties mentioned in the Service in any way.

We will delete or request the removal of Accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

User Conduct

You must not use the Service in any way that causes, or is likely to cause, the Service or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Service for lawful purposes only.

You agree to use the Service responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libellous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law.

Impersonation of others, including a Seres employee, nurse, researcher, or other members or visitors on the Service is prohibited.

Privacy

We care about the privacy of our users. We collect, use, and share Personal Information and non-personally identifiable information as described in our Privacy Notice. By using the Service, you agree to the collection of such information and to have your personal data collected, used and disclosed within Canada and the U.S. We contract with third parties, including without limitation, Discover Therapies Inc. (“Discover Therapies”), to provide certain services on our behalf relating to the Service. We may disclose your Personal Information to such third parties service providers in accordance with the Privacy Notice. We contractually require such third party service providers to safeguard your Personal Information. We remain solely responsible to you for the Service and our engagement of such third party service providers in connection with same.

Protecting Yourself

You play an important role in protecting your privacy and keeping the Service secure. We encourage you to register with an email address that only you can access. Use strong passwords with a combination of upper- and lower case letters, numbers and symbols for your Account. You agree not to disclose your password to any third party.

If you believe that your Account has been compromised, you can change your password through the Service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.

We cannot and will not be liable for any loss or damage arising from your failure to comply with your responsibilities.

For help deactivating a password or account, contact us at clinicalstudies@serestherapeutics.com and we'll provide you with assistance.

Rights to Data

Further to our Privacy Notice, using our Service gives us the right to use and disclose your Personal Information for the purpose of providing the Service.

You understand and agree that we own any non-personally identifiable information that has been derived from your Personal Information, or generated by your use of the Service ("De-identified Data"). Seres uses best practices to create De-identified Data. Seres shall own all rights, including all intellectual property rights, in and to all De-identified Data. To be clear, Seres will not disclose any data other than De-identified Data except as reasonably required to provide the Service and as contemplated in the Privacy Notice.

De-identified Data is used for research and analysis, including market research.

The Service and all contents of the Service, including logos, graphics, images, software, icons and other elements (but excluding your Account) are the exclusive property of Seres or as applicable, its licensors, suppliers, contractors and partners, and are protected under the copyright and trademark and other intellectual property laws of Canada and other countries. All rights not explicitly granted herein are reserved. Any infringement of our rights will result in appropriate legal action.

If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please contact us at clinicalstudies@serestherapeutics.com.

Linked Sites and Service

Seres is not responsible for the practices employed by websites linked to or from the Service or for their information or content. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites and mobile apps or the activities of the people, organizations and/or businesses responsible for those websites and mobile apps.

When you use a link to go from the Service to another website, your browsing and interaction is subject to that website's own rules and policies, not those of Seres. Make sure you read over their rules and policies before proceeding.

Interactions with other Users and Third Parties

Seres is not responsible for your correspondence or interactions with any third parties that you interact with through the Service. You agree that Seres will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any interaction between you and any other party. Seres reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party arising out of or that is in connection with the Service. Seres is not responsible for the conduct, whether online or offline, of any User of the Service.

Termination

As long as you use the Service, these Terms will be in effect. You can delete your Account from the Service at any time. After you affirmatively delete your Account from the Service, we will remove your Account and we will delete your Personal Information from our database in accordance with industry standards.

Once you have deleted your Account we cannot match you to the Study. If you wish to be matched you must create a new Account.

Your Account will terminate if Seres ends your right to use the Service for breaches of these Terms.

Upon termination or expiration, Seres reserves the right, in our sole discretion, to remove your Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Service. We will retain rights to any De-identified Data.

If you previously agreed to receiving messages related to the Service or promotional emails, Seres may retain your email address to send those, but you can opt out of the messages at any time by using the unsubscribe link in those email messages.

Please contact us at clinicalstudies@serestherapeutics.com if you require assistance terminating your Account.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERES MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND/OR ANY CONTENT, PRODUCTS OR FEATURES PROVIDED, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SERES AND ITS CONTRACTORS (INCLUDING DISCOVER THERAPIES) ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS. SERES AND ITS CONTRACTORS ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SERVICE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SERVICE.

Limitation of Liability

IN NO EVENT SHALL SERES, ITS LICENSORS, ITS SUPPLIERS, ITS CONTRACTORS (INCLUDING DISCOVER THERAPIES) OR ANY THIRD PARTIES MENTIONED IN THE SERVICE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SERES, ITS LICENSORS, ITS CONTRACTORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE SERVICE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO DELETE YOUR ACCOUNT AND STOP USING THE SERVICE.

Indemnification

You agree to indemnify, defend, and hold harmless Seres and its licensors, its contractors (including Discover Therapies), its suppliers and any other third parties mentioned in the Service, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you (including without limitation Personal Information).

Applicable Laws

These Terms and your use of the Service shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or Service, provided always that Seres may seek and obtain injunctive relief in any jurisdiction.

General

The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Seres’ right to require strict observance of each of the terms herein. The Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. Seres may assign its rights and obligations under these Terms. These Terms will enure to the benefit of Seres’ successors, assigns and licensees.

Changes to the Terms

Seres may make small, inconsequential changes to the Terms with or without notice to you. We will communicate material changes, ones we consider significant, through the Service, on our corporate website at http://www.serestherapeutics.com/, or through emails to Users. By continuing to use the Service after changes become effective, you agree to the changes. At any time if you don't agree to the Terms, you can delete your Account and stop using the Service.

Contacting Us

Your feedback or advice about the Service and our business helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them by email, as email is not a safe or secure method of transmitting confidential or private information.

Agreement

By using our Service, you indicate your acceptance of the Terms of Use and acknowledge that you have read, understand and agree to these Terms of Use.

If you have questions regarding this Agreement, please contact us at:

Seres Therapeutics, Inc.
200 Sidney Street
Cambridge, MA 02139
clinicalstudies@serestherapeutics.com
617-945-9626 Ext.: 304