Hibiscus Study™ Website Terms of Use

Last Updated: March 5, 2021

Introduction

These Terms of Use (“Terms”) are a contract between users (“you”) and Forma Therapeutics, Inc. (“Forma”, “we”, or “us”). These Terms apply to our Hibiscus Study Website (the “Website”) that has been developed by Praxis Communications LLC (“Praxis”) on our behalf. We offer the Website for research purposes only in connection with research study no.4202-HEM-301, entitled “An Adaptive, Randomized, Placebo-controlled, Double-blind, Multi-center Study of Oral FT-4202, a Pyruvate Kinase Activator in Patients with Sickle Cell Disease” (“Hibiscus” or the “Study”). The Website enables you to share User Information, as defined in our Hibiscus Study Website Privacy Notice (“Website Privacy Notice”) with us and our contracted parties that include Praxis and clinical research sites participating in the Study (each a “Research Site”) (collectively “Contracted Parties”). If you are a minor under the age of eighteen (18), you may not use the Website without your parent’s or legal guardian’s permission.

Please read and review these Terms carefully before accessing or using the Website. Our Website Privacy Notice explains how we collect and use your User Information (as defined in the Website Privacy Notice) through the Website.

There is no guarantee that a potential Study subject who submits information through the Website will be eligible for or will be selected for participation in the Study.

BEFORE SUBMITTING INFORMATION THROUGH THE WEBSITE, YOU WILL BE REQUIRED BY THE WEBSITE TO ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREED TO THESE TERMS. YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (B) YOU ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.

A. No Patient or Client Relationship; No Medical Advice:

Your use of the Website does not create a patient or client relationship between you and Forma. The services provided through the Website are intended to collect information about you for use in the Study and do not constitute medical advice.

B. United States Residents Only – English Language Only:

The Website is intended for use by individuals located in the United States, and is not intended for use by anyone located outside of the United States. You should not use the Website if you are not located in the United States. We make the Website available in English language only. We make no claims that the Website is accessible or appropriate outside of the United States.

C. Permissions We Give You:

We grant you a non-exclusive, non-sublicensable, non-transferable, revocable license to use the Website to provide information about yourself or a potential Study subject to determine the subject’s eligibility to participate in the Study in accordance with these Terms; this license terminates upon the termination of these Terms. These Terms will govern any content, materials, or services accessible from the Website, as well as modifications (including updates) provided by us or our Contracted Parties that replace or supplement the original version of the Website.

D. Permissions You Give Us:

Through your use of the Website, you may provide User Information (as defined in our Website Privacy Notice) about yourself or a potential Study subject that allows us or our Contracted Parties to identify you directly or indirectly including but not limited to identifiers (e.g., name, address, e-mail address, and telephone numbers), health information, and location information. You agree that we and our Contracted Parties may collect and use User Information, usage data, and technical data to facilitate the development of the Study and provision of updates, support, and other services for you. You grant Forma, Forma’s affiliates, and Contracted Parties a worldwide, non-exclusive, royalty-free, irrevocable license to collect, use, and process such User Information, usage data, and technical data to develop the Study, and improve, provide and support our Website and offerings. This license continues after termination of the Terms, even if you stop using the Website.

You consent to receive communications from us electronically. Before sending certain types of electronic communications to you we may seek additional consent from you, and the terms of that additional consent will govern such communications. You agree that (i) all agreements and consents can be signed electronically, and (ii) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

Representations

By using this Website, You represent and warrant that You have the right, authority, and capacity to enter into this agreement and to abide by these Terms.

You represent and warrant that you are authorized to submit information about yourself or a potential Study subject through the website to us. If you submit information about a minor under eighteen (18) years of age, you represent and warrant that you are a parent or legal guardian of the minor.

Acceptable use/restrictions on use

You agree not to:

  1. use the Website to collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses;
  2. to modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Website;
  3. knowingly or negligently use the Website in a way that abuses, interferes with, or disrupts our or our Contracted Parties’ networks or user’s accounts;
  4. engage in activity that is illegal, fraudulent, false, abusive, or misleading, or interferes with the business or activities of us or our Contracted Parties;
  5. transmit through the Website any material that may infringe the intellectual property or other rights of third parties;
  6. build or benchmark a competitive product or service, or copy any features, functions or graphics of the Website, using intellectual property of us or our Contracted Parties and/or the Website;
  7. use the Website to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation;
  8. upload or transmit any software, content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Website in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of us or our Contracted Parties;
  9. attempt to bypass or disrupt any security mechanisms on the Website or use the Website in any manner that poses a material security or service risk to us or our Contracted Parties;
  10. in violation of any of these Terms or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations;
  11. in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, email, or faxes;
  12. create a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the user of the Website.

Termination

The Terms are effective for so long as you are using or accessing the Website unless and until terminated by Forma. Your rights under these Terms will terminate automatically if you fail to comply with them. We reserve the right to terminate and/or suspend your access to the Website at any time for any reason.

Dispute resolution/jurisdiction

These Terms and the relationship between you and Forma shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Massachusetts.

Assignment

You may not assign, transfer, or delegate the Terms or any part thereof without Forma’s prior written consent. Forma may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder or thereunder.

No waiver

The failure of Forma to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right.

No third-party beneficiaries

Unless expressly stated in the Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Forma, Forma’s affiliates and Contracted Parties.

Right to change

Forma reserves the right, at any time, to change the Terms. It is your obligation to review these Terms from time to time. Forma will notify you of changes to these Terms by changing the “Effective” date above. Any changes to these Terms will be effective immediately upon posting of the changed Terms, which may be found here. Your continued use of the Website after such notice constitutes your acceptance of such changes. Your sole remedy if you do not agree to such changes is to discontinue use of the Website.

How to contact us

Please contact us if you have any questions:

Privacy@formatherapeutics.com
617.679.1970
Forma Therapeutics, Inc.
500 Arsenal Street, Suite 100
Watertown, Massachusetts 02472, United States