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 agree to the following terms and conditions and all applicable laws in using the information and materials. By accessing and browsing this website, you accept, without limitation or qualification, the terms and conditions provided in these Terms of Use and acknowledge that they supersede any other agreement between you and Exelixis, Inc. (“Exelixis”) covering Exelixis’ website or the contents of Exelixis’ website. We may change these Terms of Use at any time without notice.

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

ATTENTION:  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  BY USING THIS WEBSITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE (WWW.EXELIXIS.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 WEBSITE.

Privacy

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

Limited License

All contents on our website, 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 Exelixis, its affiliates or partners or other individuals or organizations and are protected by copyright laws. You may view and copy the Site Content on the public portions of our website solely for non-commercial, personal and informational use. Any copy of the Site Content you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. Nothing contained herein shall be construed as conferring any license or right under any Exelixis copyright or the copyright of the owner. No other use of the information is authorized without the express written permission of Exelixis or the copyright owner. All other rights reserved.

Trademark Information

All trademarks, logos, trade names, trade dress, service marks and products of Exelixis ("Marks") displayed on our website are the property of Exelixis 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 Exelixis. 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.

User Content

You are solely responsible for all the content including, but not limited to text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, “User Content”) that you post, e-mail, or otherwise transmit via this website. We do not control User Content posted or otherwise transmitted via this website. We do not guarantee the accuracy, integrity, or quality of such User Content. Any communications you send to this website or otherwise to Exelixis by electronic mail, with the exception of personally identifiable information as defined in the Internet Privacy Statement, shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

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 website is appropriate for you. Use of this website 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 website or any other service offered by or through this website 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 WEBSITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS WEBSITE.

Disclaimers

Although we have attempted to provide accurate information on our website, we do not warrant or assume any responsibility for the accuracy or completeness of the Site Content. In particular, we may not update our website 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 change the Site Content provided on our website at any time without notice.

All Site Content is provided on an "AS IS" and “AS AVAILABLE” basis without warranty of any kind. To the maximum extent permitted by law, Exelixis, its affiliates and collaborators disclaim all warranties, express or implied, including without limitation those of merchantability, non-infringement and fitness for a particular purpose.

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

Use of this Website

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

  • Impersonate or misrepresent your affiliation with any person or entity;
  • Except as expressly permitted by the rules of this website, post or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation on this website 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 which 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 website without authorization; or
  • Frame, repackage, or otherwise re-distribute any portion of this website.

Exelixis may, at its sole discretion, take any action we deem necessary, including, but not limited to, termination of access to this website, 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 Exelixis, its affiliates, partners, suppliers or other users. Exelixis 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.

Limitation of Liability

Exelixis, its directors, officers, employees, affiliates, agents, representatives, consultants and collaboration partners shall not be liable for any direct, indirect, special, punitive, consequential or incidental damages (including without limitation those arising from lost profits, lost data or business interruption) resulting from the use, inability to use, or the result of use of our website or the materials, information or hyperlinks contained in it, or on any other hyperlinked website, whether based on warranty, contact, tort or any other legal theory, even if Exelixis, its directors, officers, employees, affiliates, agents, representatives, consultants or collaboration partners have been expressly advised of the possibility of such damages. You agree to hold Exelixis, its directors, officers, employees, affiliates, agents, representatives, consultants and collaboration partners harmless from and against any claims or actions based upon or related to the use of our website or any hyperlinked website or based on any reliance upon the information contained therein. 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.

Forward-Looking Statements

This website 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, cabozantinib; the continued development and clinical, therapeutic and commercial potential of, and opportunities for, Exelixis’ partnered compounds and programs; future periods; future events; and future operating and financial plans and performance. Any statements contained in this website that are not statements of historical fact may be deemed to be forward-looking statements. Words such as “anticipates,” “believes,” “continue,” “demonstrate,” “estimates,” “expects,” “forecast,” “goal,” “intends,” “may,” “objective,” “outlook,” “plans,” “potential,” “should,” “will” and similar expressions are intended to identify forward-looking statements. These forward-looking statements are based upon Exelixis' current plans, assumptions, beliefs and expectations. Forward-looking statements involve risks and uncertainties. Exelixis' actual results and the timing of events could differ materially from those anticipated in such forward-looking statements as a result of these risks and uncertainties, which include, without limitation: risks related to the potential failure of cabozantinib to demonstrate safety and efficacy in clinical testing; Exelixis' ability to conduct clinical trials of cabozantinib sufficient to achieve a positive completion; the availability of data at the referenced times; the sufficiency of Exelixis' capital and other resources; the uncertain timing and level of expenses associated with the development of cabozantinib; the uncertainty of the FDA approval process; risks related to the potential failure of Exelixis’ partnered compounds and programs to demonstrate safety and efficacy in clinical testing; Exelixis' dependence on its relationships with its collaboration partners with respect to its partnered compounds and programs; Exelixis’ ability to maintain its rights under its collaborative agreements; timely receipt of potential reimbursements, milestones, royalties and profits under Exelixis’ collaborative agreements; Exelixis’ ability to enter into new collaborations; market competition; and changes in economic and business conditions. These and other risk factors are discussed under "Risk Factors" and elsewhere in Exelixis' periodic reports filed with the Securities and Exchange Commission (SEC), including Exelixis’ most recent Annual Report on Form 10-K and subsequent Quarterly Reports on Form 10-Q, and Exelixis’ other filings with the SEC. Exelixis expressly disclaims any duty, obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained in this website to reflect any change in Exelixis' expectations with regard thereto or any change 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, we are not responsible for the accuracy or reliability of any information accessible from these websites and we do not make any representations or warranties about them. Third party linked websites and their contents should not be attributed to Exelixis in any manner. 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.

This Website is for U.S. Audiences Only

Access to and use of this website is subject to the above terms and conditions. This website was developed and is maintained by Exelixis. This information is intended only for residents of the United States.