TERMS OF USE

Effective as of February 10, 2016

Tetraphase Pharmaceuticals, Inc. (“we” or “Tetraphase”) has provided this Website (the “Site”) for general information and educational purposes only. Use of the Site is conditioned upon your acceptance of the terms and conditions below. By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to these terms of use. These terms of use are subject to change from time to time, so you should review these terms of use for changes periodically. Use of the Site after such changes constitutes your acceptance of the terms of use in effect at the time of such use.

Privacy

Your use of the Site will be governed by the Tetraphase Privacy Policy.

Our Intellectual Property

This Site is owned and operated by Tetraphase. No material from this Site or any site owned, operated, licensed, or controlled by Tetraphase may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of Tetraphase’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other site or networked computer environment is prohibited. Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Tetraphase or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site. Tetraphase reserves all of its intellectual property rights in the Site, and these Terms of Use do not grant you any right or license with respect to any such intellectual property except as provided by this paragraph.

Links

For your convenience, this Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by Tetraphase. Such links do not constitute an endorsement by Tetraphase of any such sites. Furthermore, Tetraphase does not control the content on such sites, and Tetraphase does not make any express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through such linked sites. Tetraphase disclaims any and all liability and responsibility for such content and privacy practices found on third party sites hyperlinked from the Site.

Tetraphase expressly reserves the right to revoke the right granted in this paragraph for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Tetraphase for any loss or damage suffered by Tetraphase or any of its subsidiaries for breach of this paragraph.

NO WARRANTY

DO NOT RELY ON ANY INFORMATION PROVIDED ON THE SITE, OR ITS CONTINUATION. WE PROVIDE THE SITE AND ALL RELATED INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TETRAPHASE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT

TETRAPHASE DOES NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. TETRAPHASE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TETRAPHASE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

LIMITATION OF LIABILITY

In no event will the aggregate liability that Tetraphase may incur in any action or proceeding exceed $100. Furthermore, under no circumstances will Tetraphase, its suppliers or licensors, its officers, directors, employees, agents, trustees or affiliates be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims arising out of or related to the Site and any information provided on or in connection with the Site (including, but not limited to, use of or reliance on the Site, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. 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. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different.

Indemnification

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by your failure to comply with these Terms of Use.

Medical Information

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing a health problem or disease. You should always consult with a doctor or other healthcare professional for medical advice or information about diagnosis and treatment.

Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Tetraphase shall have no obligation of any kind with respect to such information. Tetraphase shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Tetraphase of that third party or of any product or service provided by a third party.

For Additional Information

If you have any question about the rights and restrictions above, please contact Tetraphase by email at info@tphase.com or by regular mail at:

Tetraphase Pharmaceuticals, Inc.
480 Arsenal Street, Suite 110
Watertown, MA 02472

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