Terms of Use

Terms and Conditions of Use

Effective: September 3, 2024

Eccogene, Inc. (“Eccogene”, “we”, “us”, “our”) provides and makes available its website located at: eccogene.com (“Site”). Please read and review these Terms and Conditions of Use (the “Terms and Conditions”) carefully before accessing or using this Site. Eccogene provides information on this Site for general informational and educational purposes. While you should feel free to browse the Site, please understand that your access to and use of this Site are subject to the following terms and conditions and all applicable laws.

NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF ECCOGENE PRODUCTS OR THE TREATMENT OF ANY MEDICAL CONDITION. ECCOGENE CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE; YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL.

Your access and use of the Site, or your indication of interest to participate in a clinical or observational study sponsored by us, our agents or our partners, does not create a patient or client relationship between you and Eccogene.

Acceptance of Terms and Conditions. By accessing or using the Site, you acknowledge that you have read, understood and agreed to the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access or use the Site. As we may revise the terms of use from time to time, you should review them periodically. Your use of or linking to any content on the Site, except as provided in these Terms and Conditions, is strictly prohibited.

Changes to the Site. We may update the content on this Site from time to time, but its content is not necessarily accurate, complete or up-to-date. We are under no obligation to update such content.

Links To Eccogene’s Site. Links to this Site from other websites must comply with the requirements set forth by Eccogene. Any links to this site should be text-only and may not include Eccogene’s logo or other intellectual property. We strictly prohibit any suggestions of Eccogene’s endorsement or recommendation of a specific company, product, or service.

Links From Eccogene’s Site. This Site may include links to other websites. These links are provided solely for purposes of convenience. Eccogene is not responsible for the content or accuracy of information contained on other websites or other websites’ privacy practices. Eccogene is not liable for any damages or injury arising from content contained on other websites. Links to third-party websites are not a referral or endorsement of any other entity, item, or service. You release Eccogene from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.

Privacy. The terms and conditions of Eccogene’s Privacy Policy apply to your use of the Site and in your communications with us. The Privacy Policy forms an integral part of your agreement with us and is incorporated by reference into and governed by these Terms and Conditions.

Disclaimer of Warranties.  You understand that we cannot and do not guarantee or warrant that content available for downloading from the internet, the Site, or our communications with you will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, INFORMATION OR ITEMS OBTAINED THROUGH THE SITE, YOUR COMMUNICATIONS WITH US OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, OR IN ANY E-MAIL OR OTHER COMMUNICATIONS WE DISTRIBUTE TO YOU.

ECCOGENE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ECCOGENE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS (EVEN IF ADVISED OF THIS POSSBILITYI ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES, INFORMATION, CONTENT, PRODUCTS OR  SERVICES OBTAINED THROUGH THE SITE OR IN YOUR COMMUNICATIONS WITH US WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. This limitation includes damages to, or from any viruses that infect, your computer equipment.

Eccogene will use reasonable efforts to include accurate and up-to-date information on this Site but makes no warranties or representations of any kind as to its accuracy, currency or completeness. IF YOU RELY ON THIS SITE OR ANY INFORMATION, CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, OR IN ANY COMMUNICATIONS WITH US, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. You agree that access to and use of this Site and the content thereof is at your own risk.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND ‘AS AVAILABLE” BASIS AND ECCOGENE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE OR ANY INFORMATION, CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, OR IN ANY COMMUNICATIONS WITH US. ECCOGENE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ECCOGENE MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Check your local laws for any restrictions or limitations regarding the exclusion of any warranties.

Limitation of Liability. IN NO EVENT WILL ECCOGENE, OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES, INFORMATION, CONTENT, PRODUCTS OR SERVCIES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, OR OTHERWISE IN ANY COMMUNICATIONSS WITH US, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification. You agree to indemnify, defend and hold harmless Eccogene, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Site, in your communications with us, violation of these Terms and Conditions, a violation of any law or regulation, or a violation of any proprietary or privacy right. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses to the extent incurred as a result of any unlawful action or inaction of such Indemnitee.

If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Termination. You agree that Eccogene, in our sole discretion, may suspend or terminate your use of the Site and remove and discard any content within the site, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities.

We may in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.

Trademarks. All product names, logos, and service marks displayed on the Site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to Eccogene or our partners, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Eccogene or any third party. No use of any Trademark(s) may be made without our prior written authorization.

Copyrights. You should assume that all content of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and with the express written permission of Eccogene except as expressly provide above, nothing contained herein shall be construed as conferring any license or right under any Eccogene copyright. If you believe that your work or a work belonging to a third party, has been copied and has been posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information required by the DMA:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and (if available) e-mail address.
  • A statement that you have a good faith belief that the use of the materials at issue is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Eccogene’s agent for the DMCA is as follows:

Eccogene, Inc.

Attn: Copyright Agent

One Mifflin Place

Suite 400

Cambridge, Massachusetts 02138 USA

E-mail: info@eccogene.com

All Communications are Non-Confidential. Any communication or material that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary information, and Eccogene shall have no obligation of any kind with respect to such information. Eccogene and any of our affiliates or partners may use such information for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates and partners shall be free to use such information, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information.

No Unlawful or Prohibited Use. It is a condition of your access and use of the Site that you agree to not use the Site for any purpose that is unlawful or is prohibited by these Terms and Conditions. Content on the Site may not be copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise transferred or exploited for any commercial purpose whatsoever without our prior written consent or as permitted by applicable law. A single copy of the Site may only be viewed, used, or downloaded for your personal and noncommercial use. Please contact us directly if you think this applies to you.

In addition, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

No Content Incorporation. Without the prior written permission of Eccogene, you may not frame or scrape any of the content on the Site nor incorporate into another website or other service any intellectual property of Eccogene.

Jurisdiction and Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its choice of laws principles. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the state or federal courts located in Suffolk County, Commonwealth of Massachusetts.

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, as applicable.

Export Laws. You expressly agree to comply with any applicable export restrictions under any applicable export control laws and not to export or re-export any of the content on the Site to countries or persons prohibited under such export control laws. By downloading the content from the Site, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of any content.

Non-Solicitation. Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may, in certain countries, be required to be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.

Forward-Looking Statements. This Site may contain information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third-party reimbursement, and other risks and uncertainties. Actual results may differ materially from such forward-looking information.

These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies for the company and its development programs. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties which could cause actual results to differ materially from those contemplated in the forward-looking statements. Do not place undue reliance on these forward-looking statements. We assume no obligation to update any forward-looking statements appearing on our Site,

Ownership and Control; Third Party. Eccogene may assign its ownership, control, or other rights regarding the Site to any party at any time without any notice to you. Your rights and duties cannot be assigned without Eccogene’s written consent.

Nothing in these Terms and Conditions provides any third party with any right, benefit, remedy, claim, or cause of action.

Dispute Resolution. Visitors must first contact Eccogene to resolve any disputes that may arise from use of this Site and these Terms and Conditions. We will work with you in good faith to resolve any issue you have with the Site.

Children. The Site is not directed to or intended for children under 18.

Reservation of Rights; Severability; Remedies. Eccogene reserves the right to alter or delete material from this Site at any time without notice. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms and Conditions at any time, and your use of the Site indicates your acceptance of any revisions to these terms.

Eccogene’s failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms and Conditions.

Eccogene reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.

Entire Agreement. Unless we expressly agree in writing, these Terms and Conditions constitute the entire agreement we have with you, and supersedes all previous or contemporaneous agreements, whether written or oral, between us.

Contact Us. If you have any concern about these Terms and Conditions or your use of the Site, please contact us via e-mail at info@eccogene.com or:

Eccogene, Inc.

One Mifflin Place

Suite 400

Cambridge, Massachusetts 02138 USA