Legal Statement

TERMS AND CONDITIONS OF USE

Welcome to our Web site. XenoPort, Inc. owns, controls and maintains this 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

This Web site contains "forward-looking" statements. For this purpose, any statements contained in this Web site that are not statements of historical fact may be deemed to be forward-looking statements. Words such as "anticipates", "believes", "estimates", "expects", "intends", "may", "plans", "should", "will" and similar expressions are intended to identify forward-looking statements. There are a number of important factors that could cause the results of XenoPort to differ materially from those indicated by these forward-looking statements. We disclaim any obligation to update or revise any forward-looking statement contained on our Web site to reflect any change in our expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based.

Limited License

All contents on our Web site are protected by copyright. You may view and copy materials on the public portions of our Web site solely for non-commercial, personal and informational use. Any copy of this material or information you make 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.

Disclaimers

Although we have attempted to provide accurate 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.

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

Our Web site may, from time to time, contain information relating to various medical conditions, treatments, drugs in preliminary clinical trials and pharmaceuticals. This Web site does not purport to provide you with medical advice of any kind whatsoever. You are advised to consult a physician or other medical professional for advice regarding any medical condition or treatment thereof.

This Web site is also not intended to be used in making any decision relating to an investment in the securities of XenoPort.

You agree to indemnify, defend and hold harmless XenoPort, 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.

Hyperlinks

Our Web site may contain hyperlinks to Web sites owned and/or controlled by other parties. When you are leaving our Web site, we use the following symbol [ ] to indicate that you are leaving our Web site. Access to any other Web site is at your own risk, and we are not responsible for the accuracy or reliability of any information accessible from these Web sites. We provide these hyperlinks merely as a convenience, and the hyperlinks are not an endorsement.

Trademarks

"XenoPort", the XenoPort logo and Transported Prodrug are trademarks of XenoPort, Inc. Other trademarks and trade names appearing in this Web site are the property of their holders.