Terms 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 information or materials on this Web site, you acknowledge certain of our intellectual property rights and you accept, without limitation or qualification, to be bound by the Terms of Use set forth below that supersede any other agreement between you and XenoPort covering our Web site or the contents of the Web site. . We reserve the right to change these Terms of Use from time to time at our sole discretion and without notice, and such changes shall become effective when posted on the Web site.

The product information provided on our Web site is intended for residents of the United States.

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE (WWW.XENOPORT.COM), YOU INDICATE THAT YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Forward-Looking Statements

This Web site contains “forward-looking” statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995, including, without limitation, statements related to: the continued development and clinical, therapeutic and commercial potential of, and opportunities for, HORIZANT®;; future periods; future events; and future operating and financial plans and performance. 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,” “could,” “estimates,” “expects,” “forecast,” “goal,” “intends,” “may,” “objective,” “outlook,” “plans,” “potential,” “predict,” “project,” “should,” “will,” “would” and similar expressions are intended to identify forward-looking statements. There are a number of important factors that could cause our results, performance, time frames or achievements to differ materially from those indicated, expressed or implied by these forward-looking statements. We disclaim any duty, obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained on this 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, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, the “Site Content”) and all intellectual property rights therein, are owned, controlled, or licensed by XenoPort, our affiliates or partners or other individuals or organizations and are protected by copyright. You may view and make a reasonable number of copies of materials made available on the public portions of our Web site solely for non-commercial, personal and informational purposes. You may not publicly distribute information or materials made available on the Web site, and no use of the Web site or the information therein is authorized other than the use expressly described in these Terms of Use. Any copy you make of this material or information shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained in this Web site shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of XenoPort or any third party. No other use of the information is authorized without the express written permission of XenoPort or the copyright owner. All other rights reserved.

User-Provided Ideas

XenoPort. does not accept or consider unsolicited ideas submitted through, or in connection with, the Web site. Notwithstanding the foregoing, you agree that any feedback, information, suggestions, ideas or materials (e.g., text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips, etc.) you submit through, or in connection with, this Web site (each, an “idea”) will not be subject to any use or disclosure restrictions and will be considered non-confidential by us. By providing ideas to us, you agree that we shall have, at no charge, a non-exclusive, transferable, royalty-free, perpetual, irrevocable, worldwide right and license to reproduce distribute, display, perform and create derivative works of such ideas and to use, make, offer for sale, sell and import products containing or based on such ideas. We shall be free to use and disseminate such ideas on an unrestricted basis for any purpose. In addition, we do not control ideas posted or otherwise transmitted via this Web site by others and we do not guarantee the accuracy, integrity, or quality of such ideas. Any communications you send to this Web site or otherwise to XenoPort by electronic mail, with the exception of personally identifiable information as defined in the XenoPort Internet Privacy Statement shall be deemed to be non-confidential.

Privacy

Our policies concerning the use of your personal information are set forth in the XenoPort Internet Privacy Statement on this Web site and incorporated by reference herein. By using this Web site or the services provided by or through this Web site (“services”), you agree to waive and release XenoPort from any claim or liability in connection with the collection, use, or disclosure of information consistent with the XenoPort Internet Privacy Statement.

Medical Advice

The Site Content is provided for informational purposes only and should not be construed as medical, legal, financial, investment, or other professional advice or opinion. We do not offer personalized medical advice or patient-specific treatment advice. Only your doctor or other healthcare professional can determine if a product described on this Web site is appropriate for you. Use of this Web site is not a substitute for a call or visit to, or consultation with, your physician or a healthcare professional. You should not rely on this Web site or any other service offered by or through this Web site for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN OR HEARD ON THIS WEB SITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS WEB SITE.

Disclaimers

The Site Content is for your general education only and is not intended to provide advice or guidance or to be used for any commercial purpose. The identification or description of products or services of XenoPort or third parties on the Web site is for informational purposes only and does not constitute a representation, warranty, guarantee, endorsement or recommendation of such products and services. Although we have attempted to provide accurate information on our Web site, we assume no responsibility for the accuracy of the Site Content. In particular, we may not update our Web site on a daily or other regular basis. As such, the Site Content may be out of date or include omissions or other errors. We may update or change the Site Content at any time without notice.

All Site Content is provided “AS IS” and “AS AVAILABLE” without warranty of any kind. To the maximum extent permitted by law, XenoPort, its affiliates and its collaborators disclaim all warranties, express or implied, regarding the Web site and the Site Content therein, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third- party rights.

We make no warranty that this Web site will meet your requirements; that this Web site will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that this Web site is free of viruses or other harmful components. We make no warranty regarding any goods or services purchased or obtained through this Web site or any transactions entered into through this Web site. You assume the entire risk as to the results and performance of this Web site and any goods or services purchased therefrom.

Limitation of Liability

You agree to indemnify, defend and hold harmless XenoPort, its subsidiaries, affiliates, directors, officers, employees, agents, consultants, business partners 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 hyperlinked Web site or based on any reliance upon the information contained therein and any violation of these Terms of Use by you. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Use of this Web site

You agree not to do any of the following while visiting or using this Web site or any services provided by or through this Web site:

  • Impersonate or misrepresent your affiliation with any person or entity;
  • Except as expressly permitted by the rules of this Web site, post or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation on this Web site or through the services;
  • Post or transmit any information or material that is defamatory, offensive, indecent, obscene, or unlawful;
  • Post or transmit any information or software that contains a virus, Trojan horse, worm or other harmful components;
  • Violate any applicable law or regulation, including, without limitation, any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
  • Access or use password protected, secure or non-public areas of this Web site without authorization; or
  • Frame, repackage, or otherwise re-distribute any portion of this Web site.

XenoPort may, at its sole discretion, take any action we deem necessary, including, but not limited to, termination of access to this Web site, if we believes a user’s conduct or content fails to conform to the terms and conditions provided in these Terms of Use or may create liability for XenoPort, our affiliates, partners, suppliers or other users. XenoPort will not be liable to you or any third party as a result of such termination and modification. The terms and conditions provided in the Terms of Use will survive any such termination and modification.

Hyperlinks

Our Web site may contain hyperlinks to Web sites owned and/or controlled by other parties. Access to any other Web site is at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements accessible from these Web sites, and we do not make any representations or warranties about them. Third party linked Web sites and their contents should not be attributed to XenoPort in any manner. We provide these hyperlinks merely as a convenience, and the hyperlinks are not an endorsement of any product, service, individual, or entity.

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 arising from, or related to, these Terms of Use and your access to, or use of, the Web site shall be governed by U.S. federal law. You agree that you will bring any legal action or proceeding arising from, or relating to, your access to, or use of, the Web site exclusively in a state court in Santa Clara County, California or in 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, such courts in any such legal action or proceeding.

Reservation

Any rights not expressly granted in our Web site are reserved to us. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Trademarks

“XenoPort”, the XenoPort logo, and HORIZANT® are registered trademarks of XenoPort. Any use of “XenoPort” except as permitted herein is prohibited and may be in violation of trademark law and other laws. All trademarks, logos, trade names, trade dress, service marks and products of XenoPort (“Marks”) displayed on our Web site are the property of XenoPort or third parties, are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with, or endorsement by, XenoPort. These Marks may not be used in whole or in part without the prior written permission of such owners.

This Web Site is for U.S. Audiences Only

Access to, and use of, this Web site is subject to the above Terms of Use. This Web site was developed and is maintained by XenoPort. This information is intended only for residents of the United States.