UPDATED: 30 JUNE, 2015
These terms govern your usage of any content at http://pfenex.com/ (the “Website”) maintained by Pfenex Inc. and its affiliates or subsidiaries from time to time (the “Company”).
Please read these terms before using the Website.
The Website has been designed to provide general information about the Company and its products and other related information from time to time. The information contained in this Website is not intended to provide investment or medical advice.
Everything you see on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by the Company or by one of its affiliates, or by third parties who have licensed their materials to the Company. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. The Company owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:
- Only use the Content you download for your personal, noncommercial use or to further your business dealings with Company
- Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of the Company
- Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of the Company
- Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.
No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. The Company reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Company.
All product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of the Company, its licensees, or other third parties. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, publication rights and communications regulations and statutes. Please be aware that the Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
While the Company intends to periodically update this Website, it undertakes no obligation to do so and makes no representations or warranties as to its accuracy or completeness. Access to and use of the Content is solely at your own risk, and neither the Company nor any party involved in creating Content for the Website and/or maintaining or delivering this Website shall be liable for any damage of any kind arising out of the access, use or the inability to access or use this Website, or for any omissions or errors contained in the Website.
The Company may provide links on the Service to other sites, including social media sites such as Facebook, Twitter, or LinkedIn (“Third Party Sites”), including the content therein, or may embed certain content delivered by third parties, such as stock quotes delivered by PR Newswire (such third party content, whether located at Third Party Sites or embedded within this Website is collectively referred to herein as “Third Party Content”). The Company has no control over any Third Party Sites or Third Party Content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Third Party Sites or Third Party Content. The Company provides links to or embeds Third Party Sites or Third Party Content only as a convenience, and the inclusion of any link to a Third Party Site or any Third Party Content on the Website does not imply our affiliation, endorsement, or adoption of the linked or embedded Third Party Site or Third Party Content. ACCESS AND USE OF THIRD PARTY SITES AND THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Website. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Sites.
FORWARD-LOOKING STATEMENT DISCLAIMER
This Website may contain, from time to time, forward-looking statements involving risks and uncertainties, including expectations regarding future performance, operating results, business strategies, plans, intentions, financial goals, objectives of management and product development efforts. Words such as “anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,” “seeks” and similar expressions that may be used on this site are intended to identify forward- looking statements that are subject to various known and unknown risks and uncertainties beyond the Company’s reasonable control. Such risks and uncertainties include, but are not limited to, those arising from or related to research and development, clinical trials, and challenges inherent in new product development, including obtaining regulatory approval; the Company’s ability to manage operating expenses; the Company’s ability to obtain additional funding to support its business activities and establish and maintain strategic business alliances and new business initiatives; the Company’s dependence on third parties for development, manufacture, marketing, sales and distribution of products; unexpected expenditures; the impact of pharmaceutical industry regulation and health care legislation in the United States and internationally; exposure to litigation, including patent litigation, and/or regulatory actions; competition and product liability. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in the section entitled “Risk Factors” contained in the Company’s most recent Annual Report on Form 10-K, Quarterly Reports of Form 10-Q, and the Company’s other filings with the Securities and Exchange Commission (SEC) available at the SEC’s Internet site (www.sec.gov). The Company’s actual results, plans and/or intentions may differ materially from those in the forward-looking statements. No representation is made as to the accuracy of such statements, assumptions, estimates, projections, and intentions. Furthermore, we are under no duty to update any of the forward-looking statements after the date such information is posted and specifically disclaim any obligation to do so.
By accessing and/or using the Website, you agree to indemnify, defend and hold the Company, our subsidiaries, affiliates and parents, and their respective officers, directors, employees, members, agents, representatives, consultants, legal and business advisors, business partners, information providers, licensors and licensees and their respective successors, heirs and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with (directly or indirectly) or any claim arising out of, or breach by you of, these terms or from your unauthorized use of this Website. You agree to cooperate as fully as required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
Disclaimer of Warranties and Liability
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY, COMPLETE OR ERROR FREE.
EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE WEBSITE. IN NO EVENT SHALL ANY OF PFENEX INC., OUR SUBSIDIARIES, AFFILIATES AND PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, CONSULTANTS, LEGAL AND BUSINESS ADVISORS, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS OR USE OF THE WEBSITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEBSITE, REGARDLESS OF WHETHER THE COMPANY OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE COMPANY’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
We do not warrant that the functions or informational materials contained in or accessed through our Website are free of computer viruses or other harmful components. Although we make a good faith effort to update the Content of our Website periodically, we do not have a duty to update information contained in our Website, and we will not be liable for any failure to update such information.
The Company assumes no responsibility or liability arising from the Content of the Website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Website or accessed through the Website.
Access to the information on this Website may be terminated at any time and for any reason without prior notice. To the extent so requested by the Company, you agree to immediately return all copies and forms of the information provided to you and not to further distribute or discuss the contents of any such information without the prior written consent or authorization of the Company.
These terms are governed by and shall be construed in accordance with the laws of the State of California without regard to its conflict of law provisions. By accessing or using this Website, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of California for resolution of any disputes arising out of or relating to these terms or your use of the Website. You agree that, except as expressly provided herein (and other than the Company and its affiliates), there shall be no third party beneficiaries of these terms.
The failure by us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.
If any portion of these terms is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of these terms will be enforced as written.