www.phathompharma.com Open in urlscan Pro
34.73.70.95  Public Scan

Form analysis
1 forms found in the DOM

GET https://www.phathompharma.com/

<form method="get" id="searchform" action="https://www.phathompharma.com/" autocomplete="off">
  <label class="sr-only" for="search">Search</label>
  <input name="s" id="search" type="text" placeholder="Type to search...">
  <a href="javascript:{searchform}" onclick="document.getElementById('searchform').submit();" class="btn-search disabled">
        <i class="fas fa-search"><span class="sr-only">Search</span></i>               
        </a>
</form>

Text Content

Menu Button
 * About Us
 * Our Products
 * Our Science
   * Pipeline
     * Clinical Trials/Trial Design
     * Expanded Access Policy
   * Medical Information
     * H. pylori
     * GERD
     * Publications & Scientific Congresses
     * Contact our Medical Team
 * Investors & Media
   * Overview
   * News & Events
   * Stock Information
   * Corporate Governance
   * Financials & Filings
   * IR Resources
 * Life at Phathom
   * Culture
   * Phamily Perks and Benefits
   * Open Positions
 * Contact Us
   * Connect with Us
   * Contact our Medical Team

Search Search
Close



TERMS & CONDITIONS

Effective Date: 5/15/2019

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT“) CAREFULLY. THIS AGREEMENT
IS A LEGAL CONTRACT BETWEEN YOU (“USER“) AND PHATHOM PHARMACEUTICALS, LLC
(“PHATHOM,” “WE,” OR “US“).

SECTION 9 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES
BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN
COURT. SEE SECTION 9 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND
HOW TO OPT OUT. BY AGREEING TO THE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES
WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY
RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) THAT YOU WAIVE
YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR
REPRESENTATIVE ACTIONS.

By accessing or using any website with an authorized link to this Agreement or
accessing or using any content, information, services, features or resources
available or enabled via such website (collectively, the “Website“), clicking on
a button or taking another action to signify your acceptance of this Agreement,
you: (1) agree to be bound by this Agreement and any future amendments and
additions to this Agreement as published through the Website; (2) represent you
are of legal age in your jurisdiction of residence to form a binding contract;
and (3) represent that you have the authority to enter into this Agreement
personally and, if applicable, on behalf of any company, organization or other
legal entity on whose behalf you use the Website. Except as otherwise provided
herein, if you do not agree to be bound by this Agreement, you may not access or
use the Website.

THE INFORMATION PROVIDED ON THIS WEBSITE IS NOT INTENDED NOR RECOMMENDED AS A
SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR
PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING ANY MEDICAL CONDITION OR
TREATMENT. NOTHING CONTAINED ON THIS WEBSITE IS INTENDED TO BE FOR MEDICAL
DIAGNOSIS OR TREATMENT.

Subject to Section 9.9 of this Agreement, Phathom reserves the right to modify
this Agreement or its policies relating to the Website at any time, effective
upon posting of an updated version of this Agreement on the applicable Website.
You should regularly review this Agreement, as your continued use of the Website
after any such changes constitutes your agreement to such changes.

The Privacy Policy, available at www.phathompharma.com/privacy, explains how we
collect, use and disclose your data in connection with the Website. By using the
Website, you agree that Phathom can use such data in accordance with the Privacy
Policy.

1. Ownership of and License to Use Phathom Properties.

1.1 Use of the Website. Phathom and its licensors own all rights, title and
interest in the Website. The Website is protected by copyright and other
intellectual property laws throughout the world. Subject to this Agreement,
Phathom grants you a nonexclusive, nontransferable, limited license (without the
right to sublicense) to use the Website solely for your personal non-commercial
purposes. Any future release, update or other addition to the Website shall be
subject to this Agreement. Phathom and its licensors reserve all rights not
granted in this Agreement. Phathom reserves the right to exercise whatever
lawful means it deems necessary to prevent unauthorized use or access of the
Website. You agree to protect the Website, and its proprietary content,
information and other materials, from any unauthorized access or use, and you
agree that you will not use the Website or such proprietary content, information
or other materials except as expressly permitted herein or expressly authorized
in writing by Phathom. You are solely responsible for your use of and activity
in relation to the Website.

1.2 Trademarks. Phathom’s stylized name and other graphics, logos, service
marks, trademarks, trade dress and trade names used on or in connection with the
Website are the trademarks of Phathom and may not be used without permission in
connection with any third-party products or services or in any manner that is
likely to cause confusion or create the impression that Phathom or its licensors
endorse any product or service. Other trademarks, service marks and trade names
that may appear on or in the Website are the property of their respective
owners. You will not remove, alter or obscure any copyright notice, trademark,
service mark or other proprietary rights notices incorporated in or accompanying
the Website.

1.3 Feedback. You agree that your submission of any ideas, suggestions,
documents, and/or proposals to Phathom (“Feedback“) is at your own risk and that
Phathom has no obligations with respect to such Feedback. You represent and
warrant that you have all rights necessary to submit the Feedback. You hereby
grant to Phathom the right to use any Feedback in any way at any time without
any additional approval or compensation.

2. Restrictions on Use of Website. The rights granted to you in this Agreement
are subject to the following restrictions: (a) you shall not license, sell,
rent, lease, transfer, license, sublicense, assign, reproduce, distribute, host
or otherwise commercially exploit the Website or any portion of the Website; (b)
you shall not frame or use framing techniques to enclose any trademark, logo or
Website (including images, text, page layout or form); (c) you shall not use any
metatags or other “hidden text” using Phathom’s name or trademarks; (d) you
shall not modify, translate, adapt, merge, make derivative works of,
disassemble, decompile, reverse compile or reverse engineer any part of the
Website, or use any means to discover the trade secrets in the Website, except
to the extent the foregoing restrictions are expressly prohibited by applicable
law; (e) you shall not use any manual or automated software, devices or other
processes (including but not limited to spiders, robots, scrapers, crawlers,
avatars, data mining tools or the like) to “scrape” or download, access or
monitor data from or on the Website or to obtain or attempt to obtain any
content, materials, documents or information through any means not purposely
made available through the Website (except that we grant the operators of public
search engines revocable permission to use spiders to copy materials from the
Website for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or
archives of such materials); (f) you shall not access the Website to build a
similar or competitive website, application or service; (g) except as expressly
stated herein, no part of the Website may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means; (h) you shall not remove or destroy any copyright notices or other
proprietary markings contained on or in the Website; (i) you shall not interfere
with or attempt to interfere with the proper functioning of the Website or use
the Website in any way not expressly permitted by this Agreement; (j) you shall
not attempt to harm the Website, including but not limited to, by violating or
attempting to violate any related security features, introducing viruses, worms,
or similar harmful code into the Website, or interfering or attempting to
interfere with use of the Website by any other user, host or network, including
by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing”
the Website, or circumventing any functionality that controls access to or
otherwise protects the Website; (k) you shall not probe, scan or test the
vulnerability of the Website or any network connected to the Website, nor breach
the security or authentication measures on or of the Website or any network
connected to the Website, and you shall not reverse look-up, trace or seek to
trace any information on any other user of the Website to its source, or exploit
the Website or any service or information made available or offered by or
through the Website, in any way where the purpose is to reveal any information,
except as expressly authorized by Phathom and provided for by herein; (l) you
shall not use the Website in any manner that violates any law, or to solicit the
performance of any illegal activity or other activity which infringes our rights
or the rights of others; and (m) you shall not use the Website for any purpose
other than to receive information regarding Phathom and its research, products
and services. Any unauthorized use of the Website terminates the licenses
granted by Phathom pursuant to this Agreement.

3. Third-Party Links. The Website may contain links to third-party services such
as third party websites, applications, or ads (“Third-Party Links“). When you
click on such a link, we will not warn you that you have left the Website.
Phathom does not control and is not responsible for Third-Party Links. Phathom
provides these Third-Party Links only as a convenience and does not review,
approve, monitor, endorse, warrant, or make any representations with respect to
them, or any content, products or services accessible through such links. Your
use of all Third-Party Links is at your own risk.

4. Indemnification. You agree to indemnify and hold Phathom, its corporate
parents, subsidiaries, and affiliates, and the officers, directors, employees,
agents, representatives, partners and licensors of each (collectively, the
“Phathom Parties“) harmless from any damages, losses, costs, liabilities and
expenses (including reasonable attorneys’ fees) relating to or arising out of
any claims concerning: (a) your use or misuse of the Website; (b) your violation
of this Agreement; (c) your violation of any rights of another party; or (d)
your violation of any applicable laws, rules or regulations. Phathom reserves
the right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with Phathom in asserting any available defenses. You agree that
the provisions in this Section will survive any termination of this Agreement or
your access to the Website. You will not, in any event, settle any claim or
matter without the written consent of Phathom.

5. Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE
IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
PHATHOM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
PHATHOM PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE
WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PROVIDED THEREON
WILL BE ACCURATE OR COMPLETE OR (2) YOUR USE OF THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PHATHOM SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY ERRORS OR OMISSIONS IN THE WEBSITE. YOU ARE RESPONSIBLE FOR
VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

6. Limitation of Liability.

6.1 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THE PHATHOM PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE
OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS
INTERRUPTION OR PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER OR NOT PHATHOM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE PHATHOM PARTIES BE LIABLE
TO YOU FOR MORE THAN ONE HUNDRED DOLLARS ($100) IN THE TOTAL AGGREGATE AMOUNT.

6.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PHATHOM AND YOU.

7. Termination. At its sole discretion, Phathom may modify or discontinue the
Website, or may modify, suspend or terminate your access to the Website, for any
reason, with or without notice to you and without liability to you or any third
party. In addition to suspending or terminating your access to the Website,
Phathom reserves the right to take appropriate legal action, including without
limitation pursuing civil, criminal or injunctive redress. The foregoing rights
shall be in addition to any other rights and remedies available to Phathom. All
provisions of this Agreement which by their nature should survive termination
shall survive the termination of your access to the Website, including provision
regarding ownership, warranty disclaimers, indemnity, and limitations of
liability.

8. International Users. The Website is controlled and offered by Phathom from
its facilities in the United States of America. Phathom makes no representations
that the Website is appropriate or available for access or use in other
locations. Those who access or use the Website from other countries do so at
their own volition and risk and are responsible for compliance with local law.

9. Dispute Resolution. Please read the following arbitration agreement in this
Section (“Arbitration Agreement”) carefully. It requires you to arbitrate
disputes with Phathom and limits the manner in which you can seek relief from
us.

9.1 Applicability of Arbitration Agreement. You agree that any dispute between
you and us relating in any way to the Website or this Agreement, will be
resolved by binding arbitration, rather than in court, except that (1) you may
assert claims in small claims court if your claims qualify; and (2) you or
Phathom may seek equitable relief in court for infringement or other misuse of
intellectual property rights (such as trademarks, trade dress, domain names,
trade secrets, copyrights, and patents).This Arbitration Agreement shall apply,
without limitation, to all claims that arose or were asserted before the
Effective Date of this Agreement or any prior version of this Agreement.

9.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement. To begin an
arbitration proceeding, you must send a letter requesting arbitration and
describing your claim to Phathom Pharmaceuticals, 2150 E. Lake Cook Road, Suite
800, Buffalo Grove, Illinois 60089, Attn: General Counsel. The arbitration will
be conducted by JAMS, an established alternative dispute resolution provider.
Disputes involving claims and counterclaims with an amount in controversy under
$250,000, not inclusive of attorneys’ fees and interest, shall be subject to
JAMS’ most current version of the Streamlined Arbitration Rules and procedures
available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other
claims shall be subject to JAMS’s most current version of the Comprehensive
Arbitration Rules and Procedures, available at
https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also
available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum.
If the arbitrator finds that you cannot afford to pay JAMS’s filing,
administrative, hearing and/or other fees and you cannot obtain a waiver from
JAMS, Phathom will pay them for you. In addition, Phathom will reimburse all
such JAMS’ filing, administrative, hearing and/or other fees for claims with an
amount in controversy totaling less than $10,000 unless the arbitrator
determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the county where you live or at another mutually
agreed location. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.

9.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to
resolve any dispute related to the interpretation, applicability, enforceability
or formation of this Arbitration Agreement including, but not limited to any
claim that all or any part of this Arbitration Agreement is void or voidable.
The arbitrator will decide the rights and liabilities, if any, of you and
Phathom. The arbitration proceeding will not be consolidated with any other
matters or joined with any other proceedings or parties. The arbitrator shall
have the authority to grant motions dispositive of all or part of any claim or
dispute. The arbitrator shall have the authority to award monetary damages and
to grant any non-monetary remedy or relief available to an individual under
applicable law, the arbitral forum’s rules, and this Agreement (including the
Arbitration Agreement). The arbitrator shall issue a written award and statement
of decision describing the essential findings and conclusions on which any award
(or decision not to render an award) is based, including the calculation of any
damages awarded. The arbitrator shall follow the applicable law. The arbitrator
has the same authority to award relief on an individual basis that a judge in a
court of law would have. The award of the arbitrator is final and binding upon
you and us.

9.4 Waiver of Jury Trial. YOU AND PHATHOM HEREBY WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED
HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Phathom are
instead electing that all covered claims and disputes shall be resolved by
arbitration under this Arbitration Agreement, except as specified in Section 9.1
above. An arbitrator can award on an individual basis the same damages and
relief as a court and must follow this Agreement as a court would. However,
there is no judge or jury in arbitration, and court review of an arbitration
award is subject to very limited review.

9.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF
IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF
MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER
USER. If a decision is issued stating that applicable law precludes enforcement
of any of this Section 9.5’s limitations as to a given claim for relief, then
the claim must be severed from the arbitration and brought into the State or
Federal Courts located in the State of Indiana. All other claims shall be
arbitrated.

9.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of
this Arbitration Agreement by sending a timely written notice of your decision
to opt out to the following address: Phathom Pharmaceuticals, 2150 E. Lake Cook
Road, Suite 800, Buffalo Grove, Illinois 60089, Attn: General Counsel or email
to info@phathompharma.com within 30 days after first becoming subject to this
Arbitration Agreement. Your notice must include your name and address and a
clear statement that you want to opt out of this Arbitration Agreement. If you
opt out of this Arbitration Agreement, all other parts of this Agreement will
continue to apply to you. Opting out of this Arbitration Agreement has no effect
on any other arbitration agreements that you may currently have with us, or may
enter into in the future with us.

9.7 Severability. Except as provided in Section 9.5, if any part or parts of
this Arbitration Agreement are found under the law to be invalid or
unenforceable, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Arbitration Agreement shall
continue in full force and effect.

9.8 Survival of Agreement. This Arbitration Agreement will survive the
termination or expiration of the Agreement or your relationship with Phathom.

9.9 Modification. Notwithstanding any provision in this Agreement to the
contrary, we agree that if Phathom makes any future material change to this
Arbitration Agreement, you may reject that change within thirty (30) days of
such change becoming effective by writing Phathom at the following address:
Phathom Pharmaceuticals, 2150 E. Lake Cook Road, Suite 800, Buffalo Grove,
Illinois 60089, Attn: General Counsel.

10. General Provisions.

10.1 Assignment. This Agreement, and your rights and obligations hereunder, may
not be assigned, subcontracted, sublicensed delegated or otherwise transferred
by you without Phathom’s prior written consent, and any attempted assignment,
subcontract, sublicense, delegation, or transfer in violation of the foregoing
will be null and void. We may transfer, assign or delegate this Agreement and
its rights and obligations without consent.

10.2 Force Majeure. Phathom shall not be liable for any delay or failure to
perform resulting from causes outside its reasonable control, including, but not
limited to, acts of God, war, terrorism, riots, embargos, acts of civil or
military authorities, fire, floods, accidents, strikes or shortages of
transportation facilities, fuel, energy, labor or materials.

10.3 Exclusive Venue. To the extent the parties are permitted under this
Agreement to initiate litigation in a court, both you and Phathom agree that all
claims and disputes arising out of or relating to this Agreement will be
litigated exclusively in the state courts in Marion County, Indiana or federal
courts located in the Southern District of Indiana.

10.4 Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE
GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF INDIANA,
CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY
CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW
OF ANOTHER JURISDICTION.

10.5 Notice. You may give notice to Phathom at the following address: Phathom
Pharmaceuticals, 2150 E. Lake Cook Road, Suite 800, Buffalo Grove, Illinois
60089, Attn: General Counsel. Such notice shall be deemed given when received by
Phathom by letter delivered by nationally recognized overnight delivery service
or first class postage prepaid mail at the above address. By use of the Website,
you consent to receive electronic communications from Phathom (via a posting on
the Website), and you agree that any such communications satisfy any legal
requirement to make such communications in writing. You also agree that Phathom
may communicate any notices to you under this Agreement through electronic mail,
regular mail or posting the notices on the Website.

10.6 Contact Information. If you would like to contact us with respect to the
Website, please e-mail info@phathompharma.com.

10.7 Waiver. Any waiver or failure to enforce any provision of this Agreement on
one occasion will not be deemed a waiver of any other provision or of such
provision on any other occasion.

10.8 Severability. Subject to Sections 9.5 and 9.7, if any portion of this
Agreement is held invalid or unenforceable, that portion shall be construed in a
manner to reflect, as nearly as possible, the original intention of the parties,
and the remaining portions shall remain in full force and effect.

10.9 Entire Agreement. This Agreement is the final, complete and exclusive
agreement of the parties with respect to the subject matter hereof and
supersedes and merges all prior discussions between the parties with respect to
such subject matter.

10.10 Compliance with Law. You are responsible for compliance with all
applicable regulations and laws.

10.11 Relationship of the Parties. No joint venture, partnership, employment or
agency relationship exists between you and Phathom as a result of this Agreement
or use of the Website.

10.11 Relationship of the Parties. No joint venture, partnership, employment or
agency relationship exists between you and Phathom as a result of this Agreement
or use of the Website.

 * About Us
 * Our Science
 * News & Events
 * Life at Phathom
 * Contact Us
 * Privacy Policy
 * Terms & Conditions
 * ePRO Privacy Policy

Phathom Pharmaceuticals
info@phathompharma.com



© 2022 Phathom Pharmaceuticals. All rights reserved.

 * 
 * 


This website uses cookies to help us provide you with a more responsive and
personalized service. By using this website without changing your cookie
settings, you agree to our use of cookies. For more information on how we use
cookies and how to delete or block the use of cookies, please see our Privacy
Policy. By clicking on Accept you consent to our use of cookies.Accept