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TERMS OF USE

 

Terms of Use

Welcome to our website. We are pleased to provide you with information and links to information regarding our company.

Access and use of any information and/or materials from our website requires that you acknowledge certain of our intellectual property rights and to agree to certain terms in using the information and materials. We may change these terms without notice.

Limited License

All contents on our website are protected by copyright. You may view and copy materials on the public portions of our website solely for non-commercial, personal and informational use. Any copy of this material or information you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the information is authorized.

Trademark Information

All trademarks, logos and service marks ("Marks") displayed on our website are the property of Exelixis or third parties. You are not permitted to use these Marks without our prior written consent or the prior written consent of the third party that owns the Mark.

Disclaimers

Although we have attempted to provide accurate information on our website, we assume no responsibility for the accuracy of the information. In particular, we may not update our website on a daily or other regular basis. As such, the information and materials contained on our website may be out of date or include omissions or other errors. We may change the information provided on our website at any time without notice.

All information provided on our website is provided "AS IS" without warranty of any kind. Exelixis, its affiliates and collaborators disclaim all warranties, express or implied, including those of merchantability and fitness for a particular purpose.

Limitation of Liability

Exelixis, its affiliates and collaborators shall not be liable for any direct, indirect, special, punitive, consequential or incidental damages resulting from use of our website or the materials, information or hyperlinks contained in it, or on any other hyperlinked website, even if Exelixis, its affiliates or partners have been expressly advised of the possibility of such damages. You agree to hold Exelixis, its affiliates and partners harmless from and against any claims or actions based upon or related to the use of our website or any hyperlinked website.

Forward-Looking Statements

The Exelixis website contains certain statements that are forward-looking. These statements may be identified by the use of words or phrases such as "anticipate," "believe," "continue," "estimate," "expect,'" "intend," "may," "plan," "potential," "should," "will," and similar expressions are intended to identify forward-looking statements. These statements are only predictions and are based upon our current plans, assumptions, beliefs and expectations. Forward-looking statements involve risks and uncertainties. Our actual results could differ materially from the anticipated results in our forward-looking statements. The risks and uncertainties that may affect the operations, performance, and results of our business include but are not limited to (1) our ability to enter into new collaborations, continue existing collaborations and receive milestones and royalties derived from future products developed from research efforts under collaborative agreements; (2) the potential failure of any of our compounds to demonstrate safety and efficacy in clinical testing; (3) the therapeutic and commercial value of our compounds; (4) our ability to successfully advance and develop additional compounds; (5) the rate of growth, if any, in license and contract revenues and the timing and level of expenses associated with the development of our business; and (6) our ability to protect or obtain intellectual property rights. These and other risk factors are discussed in our reports filed with the Securities and Exchange Commission. We expressly disclaim any duty, obligation or undertaking to release publicly any updates or revisions to any forward-looking statements made on this website to reflect any change in our expectations with regard thereto or any changes in events, conditions or circumstances on which any such statements are based.

Hyperlinks

Our website contains hyperlinks to websites owned and/or controlled by other parties. Access to any other website is at your own risk and we are not responsible for the accuracy or reliability of any information accessible from these websites. We provide these hyperlinks merely as a convenience and the hyperlinks are not an endorsement.

Governing Law and Jurisdiction

We reserve our right to any remedy available at law or equity in the event of your breach of these terms of use. All matters relating to your access to, or use of, our website shall be governed by U.S. federal law. Any legal action or proceeding relating to your access to, or use of, our website shall be instituted in a state court in San Mateo County, California or the U.S. district court for the Northern District of California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

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