Pfenex.com Terms of Use

Welcome, and thank you for your interest in Pfenex Inc. (“Pfenex,” “we,” or “us”) and our websites at www.pfenex.com, www.pfenex.investorroom.com, and www.pfenex.applicantpro.com (collectively, the “Sites”). These Terms of Use govern only your use of the Sites and not any of our other products or services. These Terms of Use are a legally binding contract between you and Pfenex regarding your use of the Sites.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR OTHERWISE USING THE SITES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PFENEX’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Sites. YOUR USE OF THE SITES, AND PFENEX’S PROVISION OF THE SITES TO YOU, CONSTITUTES AN AGREEMENT BETWEEN PFENEX AND YOU TO BE BOUND BY THESE TERMS.

  1. Overview. Pfenex is a development and licensing biotechnology company focused on leveraging our proprietary platform to develop and improve protein therapies. Any medical information provided on the Sites is for informational purposes only. PFENEX AND THE SITES DO NOT PROVIDE ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR OPINIONS, NOR DOES YOUR USE OF THE SITES ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PFENEX. ALL MATERIALS ON THE SITES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.
  2. Eligibility. You must be at least 18 years old to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Sites; and (c) your use of the Sites is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
  3. Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Sites or any portion thereof (including any materials available on the Sites); (b) make modifications to the Sites; or (c) interfere with or circumvent any feature of the Sites, including any security or access control mechanism. If you are prohibited under applicable law from using the Sites, you may not use it.
  4. Submissions. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Sites or our business, products and services (“Feedback”) or submit content, materials, or information through interactive features of the Sites (“Content”) then you hereby grant Pfenex an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback or Content in any manner and for any purpose, including to improve the Sites and create or improve other products and services.
  5. Ownership; Proprietary Rights. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (“Materials”) provided on the Sites are protected by intellectual property and other laws. All Materials included in the Sites are the property of Pfenex or its third party licensors. Except as expressly authorized by Pfenex, you may not make use of the Materials. Pfenex reserves all rights to the Materials and the Sites not granted expressly in these Terms.
  6. Third Party Services and Linked Websites. The Sites may allow you to access, use, or interact with third party products and services. For example, Pfenex may provide tools through the Sites that enable you to export information to third party services, including through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Pfenex may transfer that information to the applicable third party service. Third party services may not be under Pfenex’s control, and, to the fullest extent permitted by law, Pfenex is not responsible for any third party service’s use of your exported information. Please note that when you use third-party services, you may also be required to agree to their terms and privacy policies. The Sites may also contain links to third party websites. Third party websites may not be under Pfenex’s control, and to the fullest extent permitted by law, Pfenex is not responsible for them.
  7. Monitoring Content. Pfenex does not have any obligation to monitor any content made available by third parties. You acknowledge and agree that Pfenex reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Sites for operational and other purposes. If at any time Pfenex chooses to monitor the content, Pfenex still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
  8. Prohibited Conduct. You shall not, and shall not permit any third party to: (a) modify or create any derivative works based on the Sites or any portion thereof; (b) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Sites or provide access to the Sites to third parties on a service bureau basis or otherwise; (c) use or access the Sites without permission, interfere with or circumvent any feature of the Sites, including any security or access control mechanism, or introduce any security threats into or through the Sites; (d) use the Sites or any portion thereof to exploit, interfere with, or circumvent any feature of any other site or service; (e) use the Sites or any portion thereof for any illegal, harmful, offensive, or objectionable purpose, including in a manner that disparages or defames, or violates the intellectual property or proprietary rights of, Pfenex or any third party; or (f) otherwise use the Sites or any portion thereof other than as provided herein, or in violation of any applicable law.
  9. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis. Please check these Terms periodically for changes. By using the Sites after changes are published, you agree to the updated Terms. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  10. Modification of the Sites. Pfenex reserves the right to modify or discontinue the Sites at any time (including by limiting or discontinuing certain features of the Sites), temporarily or permanently, without notice to you. Pfenex will have no liability for any change to the Sites or any suspension or termination of your access to or use of the Sites.
  11. Termination. If you violate any provision of these Terms, your authorization to access the Sites and these Terms automatically terminate. In addition, Pfenex may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Sites, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate and you must immediately cease all use of the Sites. Sections 1, 4, 5, and 11 through 21 will survive termination.
  12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Sites, and you will defend and indemnify Pfenex and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Pfenex Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Sites; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  13. Additional Disclaimers; No Warranties. We are under no obligation to provide support for the Sites. THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PFENEX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PFENEX DOES NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PFENEX DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR Pfenex OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITES) OR ANY LOSS OF DATA. PFENEX IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE MATERIALS DISPLAYED ON THE SITES.
    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Pfenex does not disclaim any warranty or other right that Pfenex is prohibited from disclaiming under applicable law.
  14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PFENEX BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PFENEX HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PFENEX TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO FIFTY DOLLARS ($50). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  15. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. All disputes arising out of these Terms are subject to the sole and exclusive jurisdiction of the state and federal courts located within San Diego County, California and you and Pfenex submit to the personal and exclusive jurisdiction of these courts.
  16. Privacy Policy. Please read the Pfenex Privacy Policy at https://pfenex.com/privacy-information-notice/ carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
  17. Consent to Electronic Communications. By using the Sites, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  18. Contact Information. The Sites is offered by Pfenex Inc. located at 10790 Roselle St., San Diego, CA, 92121 You may contact us by sending correspondence to that address or by emailing us at info@pfenex.com.
  19. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Sites or to receive further information regarding use of the Sites.
  20. International Use. The Sites is intended for visitors located within the United States. We make no representation that the Sites is appropriate or available for use outside of the United States. Access to the Sites from countries or territories or by individuals where such access is illegal is prohibited. If local laws prohibit you from using the Sites, you may not do so.
  21. Forward Looking Statement Disclaimer. This website includes “forward-looking statements” within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Forward-looking statements generally relate to future events or Pfenex’s future financial or operating performance. In some cases, you can identify forward-looking statements because they contain words such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “could,” “intends,” “target,” “projects,” “contemplates,” “believes,” “estimates,” “predicts,” “potential” or “continue” or the negative of these words or other similar terms or expressions that concern Pfenex’s future expectations, strategy, plans or intentions; the future potential of Pfenex’s product candidates and the company in general, including future plans to advance, develop, manufacture and commercialize its product candidates; the timing of the potential commercial launch of products; Pfenex’s expectations with respect to the sufficiency of its cash resources; potential market opportunities for Pfenex’s product candidates, including the benefits of use of such products; Pfenex’s expectations regarding the timing and advancement of clinical trials and studies and the types of future clinical trials and studies for its product candidates; and Pfenex’s expectations with regard to future milestones, royalty payments, and reimbursements from Pfenex’s collaborations. These statements are based upon the current beliefs and expectations of Pfenex’s management and are subject to significant risks and uncertainties. If underlying assumptions prove inaccurate or risks or uncertainties materialize, actual results may differ materially from those set forth in the forward-looking statements. 
    Actual results may differ materially from those indicated by these forward-looking statements as a result of the uncertainties inherent in the clinical drug development process; Pfenex’s ability to successfully demonstrate the efficacy and safety of its product candidates; the pre-clinical and clinical results for its product candidates, which may not support further development of product candidates or may require Pfenex to conduct additional clinical trials or modify ongoing clinical trials or regulatory pathways; challenges related to commencement, patient enrollment, completion, and analysis of clinical trials; Pfenex’s ability to manage operating expenses; Pfenex’s ability to obtain additional funding to support its business activities and establish and maintain strategic business alliances and new business initiatives; general industry conditions and competition; the impact of pharmaceutical industry regulation and health care legislation in the United States and internationally; global trends toward health care cost containment; technological advances, new products and patents attained by competitors; Pfenex’s dependence on third parties for development, manufacturing, marketing, sales and distribution of products; unexpected expenditures; manufacturing difficulties or delays; litigation, including patent litigation, and/or regulatory actions; and difficulties in obtaining and maintaining intellectual property protection for its product candidates. Information on these and additional risks, uncertainties, and other information affecting Pfenex’s business and operating results is contained in Pfenex’s most recent annual report on Form 10-K, quarterly reports on Form 10-Q, current reports on Form 8-K, and in its other filings with the Securities and Exchange Commission available at the SEC’s Internet site (www.sec.gov).
    The information contained in this website was current as of the date presented. The company assumes no duty to update the information to reflect subsequent developments. Consequently, the company will not update the information contained in the website and investors should not rely upon the information as current or accurate after the presentation date.
  22. Miscellaneous. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Pfenex regarding your use of the Sites. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.