Terms & Conditions

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

Welcome to our Web site. This Web site is provided to you by Orexigen® Therapeutics, Inc.  Orexigen owns, controls and maintains this Web site for your information and education and as a service to the Internet community. Through your access to and use of this Web site, you accept, without limitation or qualification, the terms and conditions set forth below. Please review the following terms and conditions concerning your use of our Web site.  By accessing and using any information and/or materials from our Web site, you agree to be bound by these terms and conditions.  We reserve the right to change these terms and conditions from time to time at our sole discretion.  If you do not agree with these terms and conditions, do not use our Web site.  In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for such violations.  These terms and conditions apply to all visits to our Web site.

Forward-Looking Statements

Orexigen cautions you that statements included in the company's conference calls, press releases, presentations and other materials posted on, or available through, this Web site that are not a description of historical facts are forward-looking statements.  The inclusion of forward-looking statements should not be regarded as a representation by Orexigen that any of its plans will be achieved.  Actual results may differ materially from those discussed in the conference calls, press releases, presentations and other materials posted on, or available through, this Web site due to the risks and uncertainties inherent in the Orexigen business including, without limitation: the progress and timing of its clinical trials; the potential that earlier clinical trials may not be predictive of future results; the ability for Contrave® or Empatic™ to receive regulatory approval on a timely basis or at all; the potential for adverse safety findings relating to Empatic or Contrave to delay or prevent regulatory approval or commercialization, or result in product liability claims; Orexigen and its licensors may not be able to obtain, maintain and successfully enforce adequate patent and other intellectual property protection of its product candidates; and other risks described in the Company’s filings with the Securities and Exchange Commission. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of such conference calls, press releases, presentations and other materials. All forward-looking statements are qualified in their entirety by this cautionary statement and Orexigen undertakes no obligation to revise or update such statements to reflect events or circumstances after the date made. This caution is made under the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.

Copyright and Trademarks of Orexigen

Unless otherwise specified, as between you and us, all materials appearing on this Web site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Orexigen.  All audio and video clips are the sole property of Orexigen or our respective content providers.  The content and software on this Web site is the property of Orexigen and/or its partners, distributors or suppliers and is protected by U.S. and international copyright laws. Except as set forth herein, you may only view, download, print and retain a copy of pages of this Web site provided that (1) your use of such information from this Web site is for your informational, personal and non-commercial use only, (2) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (3) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) no modifications of such information shall be made.  Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, modify, transmit or distribute any information from this Web site in whole or in part without our prior written permission.  All rights not expressly granted herein are reserved. 
Trademarks and service marks owned by Orexigen include:  the Orexigen logo, OREXIGEN and design, CONTRAVE and EMPATIC.  Other trademarks and trade names appearing in this Web site are the property of their holders.
The absence of a product, name, slogan or logo from the above list does not constitute a waiver of our trademark or other intellectual property rights concerning that name, slogan or logo. The use of any Orexigen trademark or service mark without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly.

Disclaimers

Although we have attempted to provide accurate, up to date information on our Web site, we assume no responsibility for the accuracy of the information.  In particular, we may not update our Web site on a daily or other regular basis.  As such, the information and materials contained on our Web site may be out of date or include omissions or other errors.  We may change the information provided on our Web site at any time without notice.
WE CANNOT GUARANTEE THAT THE INFORMATION PROVIDED THROUGH THIS WEB SITE WILL BE ACCURATE OR UP-TO-DATE.  OREXIGEN DOES NOT WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEB SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ASSUME ALL RESPONSIBILITY FOR PROTECTING YOURSELF BY USING ANTI-VIRUS PROGRAMS.

THIS WEB SITE AND THE CONTENT ON THIS WEB SITE ARE PROVIDED BY US ON AN "AS-IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
This Web site is also not intended to be used in making any decision relating to an investment in the securities of Orexigen. You agree to indemnify, defend and hold harmless Orexigen, its subsidiaries, affiliates, directors, officers, employees, agents and assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to, or associated with, your use of this Web site and any violation of these terms and conditions by you.

Limitation of Liability

YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OREXIGEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF THIS WEB SITE, ITS CONTENT OR LINKS OR YOUR RELIANCE ON INFORMATION CONTAINED ON THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OREXIGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Hyperlinks

This Web site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties. Clicking on such a link to a third-party site will cause you to leave this Web site. The linked third-party sites are not controlled by Orexigen and it is not responsible for the contents of any linked third-party site, any link contained in a linked third-party site, or any changes or updates to such third-party sites. We cannot guarantee, represent or warrant that the content of these third-party sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. Orexigen is not responsible for Webcasting or any other form of transmission received from any third-party linked site. These links are provided to you only as a convenience and the inclusion of any third-party link does not imply endorsement by us of the third-party site. By using this Web site to link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Web site to link to another site.  In addition, if you access a linked site, please note that Orexigen is not responsible for any of the policies of the linked sites. 

Third Party Content

Certain content from third parties may be made available as part of this Web site. This content is believed to be reliable, but we do not endorse, adopt or guarantee the accuracy or completeness of this content.

Product Information/No Medical Advice
Nothing contained in this Web site is intended as a promotion of any product candidate in a way that conflicts with the laws and regulations of the country in which you are located.  The content of this Web site is not a substitute for professional medical advice and should not be interpreted as treatment recommendations or relied on for medical diagnosis or treatment.  Only a physician who has had an opportunity to interact with the patient in person, with access to the patient's records and the opportunity to conduct appropriate follow-up, can diagnose a patient's condition and provide recommendations for treatment. The information provided on this Web site is presented in summary form, is general in nature, and is provided for informational purposes only.  The information on this Web site is intended only for the purpose of helping patients and family members better understand certain health conditions and treatment options.  Due to the rapid changes in medical science, the information provided on this Web site may not be current.

Never disregard medical advice or delay in seeking it because of something you have read on this Web site.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Web site.  We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access to this Web site to any user being investigated and/or remove any material from our servers.  You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms and Conditions could subject you to criminal or civil penalties.

User Feedback
Orexigen will treat any suggestions, questions, comments, data, materials or the like other than personally identifiable information (collectively, the “Feedback”) sent to Orexigen as non-confidential and non-proprietary information.  Orexigen shall have no obligation of any kind to you or a third party with respect to such Feedback.  You agree that Orexigen shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party.  You further agree that Orexigen shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party's consent.

Termination of Usage
We may terminate or suspend your access to all or part of this Web site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this Web site or is in violation of any applicable law or these Terms and Conditions.

Applicable Law
The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the State of California, USA, without regard to any conflict of law provisions.  We make no representation that the content in this Web site is appropriate for access outside of the United States.  Those who choose to access this Web site from outside the United States do so on their own initiative and are responsible for compliance with local laws.  If any provision within these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts of San Diego County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts.  No action arising under or relating to these Terms and Conditions may be brought by either party more than one year after the cause of action has occurred.