Effective February 1, 2019

These terms of use are entered into by and between you and Decibel Therapeutics (“Decibel,” “we,” “us” or “our”).  The following terms and conditions, together with the Privacy Notice (collectively, these “Terms of Use”), govern your access to and use of the website found at https://decibeltx.com and any of its subdomains (“our Website” or “this Website”).  Please read the following Terms of Use carefully before using this Website.  By accessing or using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice incorporated herein by reference. If you do not accept these Terms of Use you may not access, browse or use this Website.

GENERAL

This Website is provided by Decibel for the convenience of visitors to our Website.  Your use of this Website is at your own risk and you agree to only use this Website for the purposes for which is has been designed.  Notwithstanding any other provision herein, Decibel reserves the right to change, modify or otherwise alter any features of this Website, in each case, at any time and for any purpose without prior written notice.  Further, Decibel reserves the right to protect its rights, property and interests to the maximum extent of the law.

USE OF THE WEBSITE

The website is not intended for, or directed to, children under the age of 13. We do not knowingly receive personal data from children under the age of 13. If you are under the age of 13, do not provide us with any personal data either directly, through any website forms, or by any other means.  If you become aware that your child has provided us with Personal Data, please contact us at puzzledaboutprivacy@decibeltx.com. If you do not qualify, you may not use this Website. While accessing or using this Website, you agree to comply with all applicable laws, rules and regulations, and these Terms of Use.  Your access to and use of this Website is conditioned upon your compliance with the rules of conduct set forth in this section.  Your failure to comply with any such rule may result in termination of your access to or use of this Website (or any part thereof).  You agree that you will not:

  • Use this Website for any fraudulent, harmful or unlawful purpose.
  • Interfere with, damage or disrupt the operation of this Website or the servers or networks used to make this Website available; or violate any requirement, procedure, policy or regulation of such servers or networks.
  • Restrict or inhibit any other person from using this Website (including by hacking or defacing any portion of this Website).
  • Reverse engineer, decompile or disassemble any portion of this Website, except where such restriction is expressly prohibited by applicable law.
  • Reproduce, duplicate, copy, modify, adapt, translate, sell, resell or otherwise exploit for any commercial purpose any portion of (or any access to or use of) this Website without our express prior written consent.
  • Remove any copyright, trademark or other proprietary rights notice from this Website or materials originating from this Website.
  • Frame or mirror any portion of this Website without our express prior written consent.
  • Systematically download and/or store Website content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without our express prior written consent.

PROPRIETARY RIGHTS

This Website, its features, functions, and the information and content which it contains, is the property of Decibel and its affiliates and licensors, and is protected by intellectual property rights, including United States and international copyright, trademark patent and/or other proprietary rights and laws.  All trademarks and logos appearing on this Website are the property of their respective owners.  We reserve all of our intellectual property rights in this Website and the information and materials made available through this Website, and do not grant you any license or right in or to any trademarks, logos or other intellectual property rights.  Except as expressly authorized in advance by us, you agree not to reproduce, copy, modify, republish, sell, transmit, distribute or create derivative works based on, all or any part of this Website, any materials made available through this Website or the intellectual property rights contained therein.

USER INFORMATION

In these Terms of Use, your “User Information” means any material that we collect from you through, or in relation to your use of, this Website, for whatever purpose.  You own your User Information and you hereby grant, and agree to grant, to Decibel an unrestricted, worldwide, irrevocable, non-exclusive, perpetual, fully-paid, royalty-free, transferrable license to access, view, display, reproduce, adapt, publish, translate, store, host, cache, maintain, modify, distribute, and otherwise use and exploit your User Information in any manner, provided that it is in accordance with the Privacy Notice and applicable law. You also grant Decibel the right to sub-license these rights through multiple tiers, and the right to bring an action for infringement of these rights. You agree that you are solely responsible for the content of all information that you provide to us and that such information is true, accurate, complete, does not infringe any other person’s legal rights, and you agree that you will maintain and update such information regularly.

PRIVACY

You can learn how we handle your information when you use this Website by reading our privacy notice, which explains how we collect, use and disclose information that pertains to your privacy.  We encourage you to become familiar with the Privacy Notice because when you access or use this Website you signify your agreement to the Privacy Notice and consent to the collection, use, disclosure and other handling of information consistent with that policy.

THIRD PARTY CONTENT

This Website may contain links to websites and content owned, maintained or operated by third parties.  Decibel is providing these links to you only as a convenience.  The inclusion of any link does not imply that Decibel endorses any third-party website, content or third-party company or product.  You acknowledge that Decibel does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy, integrity, quality, legality, usefulness or safety of any information presented at such other websites.  We have no obligation to monitor third party content, and we may, in our sole discretion, block or disable access to any third party content (in whole or part) via this Website at any time.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access other companies’ websites you do so at your own risk.

LINKS TO THIS WEBSITE

Links to any document published by Decibel on this Website must be made to the home page only, without deleting any frames, or our URL address.

MEDICAL INFORMATION/CONDITIONS.

Any information posted on our Website related to medical conditions and their treatment is general in nature and is intended only for educational and general information purposes.  Should you have a medical condition that may require treatment, or if you have any specific medical questions, promptly see your own doctor or other health care provider. Nothing on this Website is intended to act as professional medical advice or act as a replacement for in-person visits with a doctor, and you should not rely on it for managing your health. If you are a patient in a medical emergency, please seek emergency treatment from a doctor or other health care provider instead of reviewing information on our Website.  We do not offer medical diagnosis or treatment from this Website, and none of the information contained on this Website should be construed as providing medical advice or services of any kind. Only your doctor or other health care provider can determine if a particular medical treatment is appropriate for you.

Always seek the advice of your doctor or other qualified health care provider before starting any new treatment or with any question that you may have about a medical condition.

FORWARD-LOOKING STATEMENTS

This Website may contain forward-looking statements about Decibel’s financial and operating performance, business plans and prospects and product candidates currently in development that involve substantial risks and uncertainties.  These statements are not guarantees of future performance and involve certain assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence.  Therefore, actual results could differ materially from the expectations and projections set forth in those statements.  Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; Decibel’s ability to successfully complete pre-clinical or clinical development of its product candidates; decisions by regulatory authorities regarding whether and when to approve Decibel’s product candidates; competitive developments; Decibel’s ability to successfully commercialize its product candidates, if approved; challenges to the validity and enforcement of Decibel’s patents; governmental laws and regulations affecting health care, including, without limitation, regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions.  Decibel assumes no obligation to update, amend or clarify any forward-looking statements as a result of new information, future events or otherwise.

RELIANCE ON INFORMATION

While Decibel may periodically update or correct information presented on this Website, such information may include typographical errors and/or technical inaccuracies and/or omissions.  Decibel makes no representation or warranty as to the timeliness, usefulness, completeness or accuracy of any information on this Website and expressly disclaims any obligation to update such information.  Any reliance you place on such information is strictly at your own risk.  Decibel also reserves the right to make additions, deletions or modifications to any information on this Website for any reason, at any time and from time to time without any prior notice.

SOCIAL MEDIA GUIDELINES

Decibel’s social media accounts include, for example:

https://twitter.com/decibeltx?lang=en

https://www.linkedin.com/company/decibel-therapeutics/

Other social media accounts may be added and these social media accounts may be removed. However, we have no obligation to notify you of any adding or removing of any social media account.

Your use of the Decibel social media channels is subject to these Social Media Guidelines and the terms of use of the internet or social media platform accessed through the Social Media Guidelines.  In addition, please be aware that the privacy policy of the social media platform will govern any information, including personal or protected health information, you disclose to us via a social media platform.  For this reason, we recommend that you do not disclose to us any information via a social media platform that you are not comfortable with being public.  As a biopharmaceutical company with development-stage products, we are committed to maintaining ethical, legal, and regulatory standards.

To ensure productive communications that are consistent with our mission and public commitments, we have put in place the following basic guidelines and disclaimers to help you understand how we will use these platforms. We ask for your understanding as we engage in these media, recognizing in particular that responses may at times appear limited in nature.

Guidelines

  • The Decibel social media channels may contain message boards and other interactive features that allow users to post, submit, publish, display, or transmit to other users or persons content (collectively, “User Contributions”) on or through such channels. We welcome your @ mentions, replies, comments, likes and shares, and we will use reasonable efforts to respond to questions.  Any User Contribution you post to a Decibel social media channel will be considered non-confidential and non-proprietary.  By providing any User Contribution on a Decibel social media channel, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, provided that it complies with the Privacy Notice and applicable law.  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this the Decibel social media channels.
  • We have the right, in our sole discretion, to remove or refuse to post any User Contribution for any or no reason or take appropriate legal action, however we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Without limiting the foregoing, User Contributions must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, that promotes illegal activity, or that would violate the legal rights of others, including without limitation information that relates to or exploits children, political campaigning or lobbying, or topics that do not relate to Decibel.
  • We make no promises regarding the time frame in which we respond to any question. Some responses may be limited in nature.
  • There may be some questions or comments we cannot or will not address, including without limitation questions directly related to financial matters, clinical trial data, ongoing legal matters, regulatory issues or certain other elements of our business.
  • We hope that your contributions will add value to the overall dialogue and appreciate you providing links or other resources to support any claims.
  • We will abide by relevant law, regulations, and guidance that apply to our products or to our responses to your comments or questions.

Disclaimers

  • Following a social media account does not indicate an endorsement of the account owner or its products and services. Favorites, likes, comments and/or retweets do not indicate Decibel’s endorsement of the social media accounts or any of the content provided.
  • Decibel may provide links or references to other sites as part of its social media posts. However, Decibel claims no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of the platform.
  • Decibel reserves all rights relating to its social media platforms including, but not limited to: (a) adding, removing or modifying any content or material posted on the accounts; (b) discontinuing the pages or any of our social media accounts at any time; (c) accepting or rejecting those who may wish to follow the accounts, including without limitation blocking disruptive users in Decibel’s sole judgment; and (d) responding to any questions or comments addressed to the accounts.
  • Decibel will not engage in sensitive topics or discussions about our products, other companies’ products, or treatment options. In addition, we may choose not to respond to communications for any reason, including without limitation if such communications contain:
    • Disparaging, racist, threatening, obscene, unlawful, vulgar, defamatory, pornographic, lewd, discriminatory, harassing or otherwise objectionable content, including without limitation images, videos and links;
    • Personal information, such as the name or medical condition of any individual, email addresses, phone numbers, personal photos or videos;
    • Proprietary, confidential, sensitive or nonpublic information;
    • Violations of copyright or intellectual property rights, including without limitation brand names, trade names, logos, copyright or trade secrets of any person, business or place;
    • Attempts to target Decibel or Decibel followers with the intent to sell products and services, or recruit followers to other social channels;
    • Contain information that is false, inaccurate or misleading;
    • Harassment of others, including without limitation information that relates to or exploits children;
    • Content posted by fake or anonymous users, including without limitation imitation of another person; or
    • Violations of the terms and conditions of the social media platforms.
    • Decibel does not offer medical diagnosis or treatment from our social media channels, and none of the information shared should be construed as providing medical advice or services of any kind. Only your doctor or other health care provider can determine if a particular medical treatment is appropriate for you. Should you have a medical condition that may require treatment, or if you have any specific medical questions, promptly see your own doctor or other health care provider.  Nothing on our social media channels is intended to act as professional medical advice.

SUGGESTIONS

We welcome your comments, feedback, ideas and suggestions (collectively, “Suggestions”).  If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property, you are not owed any compensation in exchange and you hereby assign all rights, title and interest in and to your Suggestions to Decibel; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.

CALIFORNIA USERS

If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210.  Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.

NO WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, DECIBEL DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THIS WEBSITE IS UP-TO-DATE OR FREE OF ERRORS; (ii) THE CONTENT, FUNCTIONS OR SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEBSITE.

DECIBEL AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

DISCLAIMER

IN NO EVENT SHALL DECIBEL, OR ANY OF ITS DIRECTORS, OFFICERS,  EMPLOYEES  or contractors, BE LIABLE TO YOU, ANY OTHER USER OF THIS WEBSITE, THIRD-PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THIS WEBSITE.   THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.

LIMITATION

DECIBEL’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THIS WEBSITE, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

INDEMNITY

You agree to indemnify and hold harmless Decibel, its licensors, its officers, directors, employees, agents, trustees and affiliates from and against all losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees and costs) resulting from any violation by you of these Terms of Use.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

APPLICABLE LAW

This Website can be accessed from every U.S. state, as well as from other countries around the world.  Each of those places has laws that may differ from those of the Commonwealth of Massachusetts, where Decibel’s corporate office is located. If you access this Website from outside the U.S. you do so at your own risk.  Whether inside or outside of the U.S., you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By accessing or using this Website you and Decibel agree that the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your access to or use of this Website or any information it contains.  With respect to such disputes, you and Decibel also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court located in Boston, Massachusetts, or federal court located in Boston, Massachusetts.

TERMINATION

These Terms of Use are effective unless and until terminated by either you or Decibel.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Website.  We also may terminate these Terms of Use, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to this Website.  Termination shall not affect the respective rights and obligations of you or Decibel arising before the date of termination.

MISCELLANEOUS

You may not assign or transfer your rights or obligations under these Terms of Use in whole or in part to any third party without our consent.  These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors and permitted assigns.  We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.  These Terms of Use, together with the Privacy Notice, contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement or written consents provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Use on this Website.  The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.  If any part of these Terms of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

CHANGES TO THESE TERMS OF USE

Decibel reserves the right to change these Terms of Use from time to time for any reason in our sole discretion and without prior notice. All changes are effective immediately when we post them to this Website and your continued use of this Website following the posting of revised Terms of Use mean that you accept and agree to the changes; provided that any such changes shall only apply to your use of this Website after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.

FOR ADDITIONAL INFORMATION

If you have any questions about these Terms of Use, please contact us at:

Decibel Therapeutics, Inc.
1325 Boylston Street
Suite 500
Boston, MA 02215

Phone Number: (617) 935-0635
Email Address: puzzledaboutprivacy@decibeltx.com

 

Copyright © 2019, Decibel Therapeutics LLC, All Rights Reserved.