Acceptance of Terms

Infinity Pharmaceuticals, Inc. (“Infinity”, “we”, “us” or “our”) is pleased to provide you with the information on this website for informational purposes. Please read the following Terms of Use (“Terms”) carefully, as you agree to the terms described in these Terms in using our website. If you do not agree to these Terms, please do not use our website. We reserve the right to revise these Terms or any portion of them at any time, without notice, by updating these Terms. You are bound by any revisions to these terms; therefore, we recommend that you visit this page periodically in order to review the current terms applicable to your use of our website. If you violate any of these Terms, your permission to use this website and its contents automatically terminates and you must immediately destroy any copies you have made of the materials taken from this website.

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH (i) REQUIRES THAT YOU AND INFINITY PHARMACEUTICALS, INC. ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND (ii) LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION.

References to “our website” or “this website” in these Terms means the website found at www.infi.com and any of its subdomains.

Intellectual Property Rights

The entire contents of this website are subject to copyright protection. You may not copy any portion of the contents of this website other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright (except, solely in the case of copyright, for the limited rights set forth in this paragraph) of Infinity, its affiliates, or any third party. Without limiting the foregoing, we prohibit any use of the “Infinity” and “Infinity Pharmaceuticals” trademarks, or any related graphic, as a “hot link” on any website other than this website unless approved by us in writing.

Infinity and Infinity Pharmaceuticals are our trademarks, whether or not they appear in large print or with the trademark symbol. The use or misuse of these trademarks or any other content of this website, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, or other applicable laws or regulations. Please be advised that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law.

You agree that the structure, organization and code of this website are proprietary to us.  You shall not, and shall not permit any person or entity to: (i) use our website on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; or (ii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive, source code from our website.  You shall not sell, transfer, publish, disclose, display, or otherwise make available our website, including without limitation any modifications, enhancements, derivatives and other software and materials provided on our website by us, or copies thereof, to others in violation of these Terms.

Links to Third Party Sites

We have provided links to certain third party websites as a courtesy. By providing these links, we are not endorsing, adopting, or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our website. We expressly disclaim any responsibility for the content of any third party sites linked to our website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our website.

[For example, we may provide a link to a patient advocacy or patient support group for patients with certain medical conditions.  If you choose to participate in such a group, your participation will be subject to the terms of participation of that group, and we do not control how your protected information may be used or disclosed.]

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. 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.

Social Media Guidelines

Infinity currently maintains several social media accounts:

Twitter:  @InfiPharma

LinkedIn: Infinity Pharmaceuticals, Inc. company page (do you want a hyperlink to it? If so, https://www.linkedin.com/company/10639/)

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

Your use of the Infinity 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, include personal or protected health information, that 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.

Infinity recognizes the importance of new communication channels (i.e., new and social media) for engaging with our stakeholders in a real and meaningful way. As a biopharmaceutical company with development-stage products, we are committed to maintaining ethical, legal, and regulatory standards. By establishing a presence on social media, we seek to embrace new communications channels and engage with our audiences responsibly.

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:

  • We welcome your @ mentions, replies, comments, likes and shares, and we will use reasonable efforts to respond to questions. We may remove or not approve a comment for various reasons, including personal attacks, foul language, disparaging comments, racist content, content that is unlawful, threatening, vulgar, defamatory, pornographic, lewd or otherwise objectionable in our sole judgment, harassment of others, including without limitation information that relates to or exploits children, political campaigning or lobbying, or topics that do not relate to Infinity.  We reserve the right to delete any question or comment regardless of whether it falls within these categories; the foregoing are intended to be illustrative.
  • 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 Infinity’s endorsement of the social media accounts or any of the content provided.
  • Infinity may provide links or references to other sites as part of its social media posts. However, Infinity 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.
  • Infinity 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 Infinity’s sole judgment; and (d) responding to any questions or comments addressed to the accounts.
  • Infinity 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 Infinity or Infinity 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.
  • Infinity 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.
  • Nothing stated by Infinity on any of our social media channels should be considered to be an offer or invitation to invest in Infinity.

MEDICAL SIDE EFFECTS OR ADVERSE EVENT REPORTING: If you believe that you have experienced any medical side effects from an Infinity investigational development candidate, please consult your doctor or other health care provider at your clinical study site.

For information about our drug candidates or corporate information, please visit our website at www.infi.com. Please contact us by telephone at +1 (617) 453-1000 if your need is urgent.

STORING PRIVATE INFORMATION:

Infinity will not disclose or store your unique social media ID(s), email address or other personally identifying information on our social media accounts unless we have obtained your consent.  In the event that there is an adverse event or product issue, please contact us at +1 (617) 453-1000 and provide information to us regarding the adverse event or product issue through that means.

Disclaimers

We believe that the contents of this website have come from reliable sources, but we cannot guarantee the information in this website is accurate, complete or suitable for any purpose. In addition, we cannot guarantee that any contents of this website have not been affected by technical malfunctions or unauthorized tampering. We may change, alter, or delete any contents of this website at any time, without notice.

Your use of this website and its contents is at your own risk, and neither Infinity nor any party involved in creating or delivering this website shall be liable for damages of any kind that may result from access to, or use of the information contained on, this website, including, but not limited to, any such damages arising from errors or omissions, misprints, out-of-date information, inaccuracies, typographical or other errors appearing on this website, any software that may be downloaded from this website, or any damage to your computer equipment including, but not limited to, any virus that may infect your computer equipment.

INFINITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEBSITE OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THIS WEBSITE. IN NO EVENT WILL INFINITY BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS WEBSITE OR DEFECT IN THIS WEBSITE OR ANY INFORMATION CONTAINED IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES.

By using this website, you assume the risk that the information and materials on this website may be incomplete, inaccurate, out-of-date, or may not meet your needs or requirements.

IN NO EVENT SHALL INFINITY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS, CUMULATIVELY, ARISING FROM THESE TERMS OR OUR WEBSITE SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).

The exculpations and limitations of liability set forth in the previous two paragraphs apply to the maximum extent permitted by applicable law.

Privacy

We may monitor access to this website. For example, we may monitor and log the requesting URLs, the machine originating the request, and the time of the request for access statistics and security purposes, among other purposes. By using this website, you consent to such general monitoring. Please see our Privacy Policy for further details on how information from this website may be gathered and used.

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.

Void Where Prohibited; Export; Termination

We maintain this website from our offices in Cambridge, Massachusetts, U.S.A. This website is intended to be accessed from, and the information contained in this website is intended to be used within, the United States of America. We make no representations that this website or its contents are appropriate or available for access or use in other countries. If you access this website from another country, you do so on your own initiative and are responsible for compliance with laws applicable to such access.  You understand that if you access this website from another country and provide your personal information to us through this website, your personal information may be transmitted to us, and you consent to such transfer.

Export control laws in the United States of America prohibit the export of certain technical data and software to certain countries, territories and individuals. No content from this website may be downloaded or otherwise exported in violation of United States law.

We may terminate your access to our website at any time, in our sole discretion, for any reason.  We may do so through any reasonable means of notifying you, including by providing you with notice to an email address.

Suggestions

We welcome your feedback, ideas and suggestions (collectively, “Suggestions”).  If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (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.

Forward Looking Statements

This website may contain information including, without limitation, discussions regarding our future discovery and development efforts, our collaborations, our operating results and financial position, our plans and business strategy, the possible achievement of development goals and milestones, and other objectives for future operations, that constitutes forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. We often use words such as “anticipate,” “believe,” “estimate,” “expect,” “intend,” “may,” “plan,” “predict,” “project,” “seek,” “target,” “goal,” “potential,” “will,” “would,” “could,” “should,” “continue,” and other words and terms of similar meaning to help identify forward-looking statements, although not all forward-looking statements contain these identifying words. You also can identify these forward-looking statements by the fact that they do not relate strictly to historical or current facts. There are a number of risks and uncertainties that could cause our actual results or other events to differ materially from those indicated by such forward-looking statements. These risks and uncertainties include those inherent in pharmaceutical research, such as adverse results in our drug discovery and clinical development processes, decisions made by the U.S. Food and Drug Administration and other regulatory authorities with respect to the development and commercialization of our products; our ability to obtain, maintain and enforce intellectual property and other proprietary rights for our products; our dependence on collaboration partners; competition; our ability to obtain any necessary financing to conduct our planned activities; our ability to implement our strategic plans; and other risks set forth in the filings that we make from time to time with the SEC, particularly in the sections designated “Risk Factors.” We encourage you to review these filings, which are available to you on [the investor relations section of] our website at [insert link]. We disclaim any intention or obligation to update any forward-looking statements contained on this website, whether as a result of new information, future events or otherwise.

Choice of Law and Jurisdiction

Our website is operated from our offices in the Commonwealth of Massachusetts, U.S.A. These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A. without regard to any conflict of law provisions thereof. Except if you and we agree otherwise, either as a result of your decision to opt out of the Agreement to Arbitrate or a result of a decision by an arbitrator or a court order, any action related to these terms shall be brought only in the state or federal courts located in the Commonwealth of Massachusetts, U.S.A. and all parties waive any objection to the personal jurisdiction of and venue in such courts, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties.  To the extent permitted by applicable law, you and we agree to waive trial by jury in any court proceeding.

Agreement to Arbitrate; Waiver of Class Action

Except for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) or for items (i)-(iii) set forth under the heading “Choice of Law and Jurisdiction”, you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms, our website or our Privacy Policy shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and you and we hereby expressly waive trial by jury.  You and we shall appoint one arbitrator mutually agreed upon by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such arbitrator shall be selected by the AAA upon the request of either party.  The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).   All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.  Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement.  Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms.

Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms.  You hereby waive any and all rights to bring any claims related to these Terms or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding.  You may bring claims only on your own behalf.

You may opt out of this Agreement to Arbitrate.  If you do so, neither you nor we can require the other to participate in an arbitration proceeding.  To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision.  The opt out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, and a clear statement that you want to opt out of this Agreement to Arbitrate.  You must sign the opt out notice for it to be effective.  This procedure is the only way you can opt out of the Agreement to Arbitrate.  You must use this address to opt out:

Infinity Pharmaceuticals, Inc., ATTN: Arbitration Opt-out, 784 Memorial Drive, Cambridge, MA 02139.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change.  Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

This Agreement to Arbitrate will survive the termination of your relationship with us.

Miscellaneous

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our written consent.  These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees 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 contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written), and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our website.  The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.  The word “including” and its grammatical variations shall be deemed to be followed by “without limitation”, “for example” shall be deemed to be followed by “without limitation” and the word “or” shall be construed in the inclusive sense (i.e., “and/or”).  If any part of these Terms 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.  The failure of Infinity to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Most Recent Update

These Terms were most recently updated on the 6th day of November 2017.