Terms of Use
This website (the “Site”) is a copyrighted work of Alexza Pharmaceuticals, Inc. (“Alexza”). Alexza grants you the right to use the Site subject to the terms and conditions of use (“Terms of Use”) set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
1. LICENSE; RESTRICTIONS. Alexza owns and operates the Site. The documents and other information and content available on the Site (the “Site Content”) are protected by copyright laws throughout the world. Subject to these Terms of Use, Alexza grants you a limited license to access and use the Site and Site Content for the sole purpose of reviewing the Site Content as a current or potential customer, current or potential business partner, current or potential investor of Alexza, or an applicant for employment. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, reverse engineering, or performance of any Site Content is strictly prohibited. Alexza and its suppliers reserve all rights not granted in these Terms of Use.
In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, Site Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Site. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of this Site without our express permission. You may not attempt to probe, scan or test the vulnerability of the Site or any system to which it is connected or attempt to breach any security measures. Your use of this Site is strictly for your personal, non-commercial use only. Your use of the Site must be in compliance with all applicable laws and rights of third parties, including without limitation all third party intellectual property rights.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site including without limitation any violation or attempted violation of the security of this 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 this Terms of Use, 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 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 this Terms of Use could subject you to criminal or civil penalties.
2. NO MEDICAL ADVICE. Site Content is for informational purposes only and should not be construed as making any recommendations or medical advice. Alexza does not, through this Site or otherwise, directly or indirectly, practice medicine, render medical advice, or provide medical services. After reviewing the Site and before taking any action related to any content on this Site, you are expected to make a reasonable investigation into, and consider the potential consequences of, any such action. This includes, but is not limited to, talking to your doctor to determine the best course of treatment for your individual condition. If you obtain any information through the Site, you use such information at your own risk. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THIS, OR ANY OTHER, WEB SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 (OR OTHER APPLICABLE EMERGENCY NUMBER) IMMEDIATELY.
3. TRADEMARKS. The ALEXZA Pharmaceuticals name and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of Alexza and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.
4. MODIFICATION. Alexza reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Alexza will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
5. FEEDBACK AND SUBMISSIONS.
You hereby grant to Alexza the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all feedback, suggestions, ideas, or other improvements to, or reviews of, the Site or the content you communicate to Alexza (together, (“Feedback”), and to incorporate any Feedback, in whole or in part or modified as Alexza sees fit, in other works, products, or services in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback.
Alexza will not be required to treat any Feedback as confidential, and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Alexza products, services, or other business operations. You are fully responsible for any content you send us, including the truthfulness and accuracy of such content and its non-infringement of any other person’s proprietary or privacy rights.
Alexza will treat any Feedback you provide to Alexza as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Alexza to the contrary, you agree that you will not submit to Alexza any information or ideas that you consider to be confidential or proprietary and that Alexa may use any such feedback or suggestions submitted by you for any purpose without any compensation to you.
You grant to Alexza the right to use all content you upload or otherwise transmit to this Site, subject to these terms and conditions and Alexza’s privacy policy in any manner Alexza chooses, including, but not limited, to copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
6. THIRD PARTY LINKS. This Site may be linked to other websites which are not maintained by, or related to, Alexza. Links to such websites are provided as a service to users and are not sponsored by or affiliated with this Site or Alexza. Alexza has not reviewed any or all of such websites and is not responsible for the content of those websites. Alexza is not responsible for webcasting or any other form of transmission received from any linked website. Links are to be accessed at the user’s own risk, and Alexza makes no representations or warranties about the content, completeness, or accuracy of these links or the websites linked to this Site. Alexza provides links as a convenience, and the inclusion of any link to a third-party website does not necessarily imply endorsement by Alexza of that website, its owner, or its content. Alexza is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any links to or from third-party sites.
7. PRESS RELEASES. Press releases are intended to provide general information related to Alexza’s current and planned business. Press releases are not intended to provide readers with complete background on any particular issue, or act as investment advice. The information contained within press releases issued by Alexza may not be accurate, current (except as of the date the release was posted), or complete. You acknowledge that Alexza has no intention of updating, and specifically disclaims any duty to update or correct, the information in the press releases.
8. WARRANTY DISCLAIMER. ALEXZA IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. ALEXZA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. ALEXZA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALEXZA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. ALEXZA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME JURISDICTIONS, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ALEXZA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, PERSONAL INJURY, DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ALEXZA, OR WHETHER OR NOT ALEXZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. ALEXZA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY OF ALEXZA FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ALEXZA’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ALEXZA’S FRAUD OR FRAUDULENT MISREPRESENTATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that, unless such a limit is prohibited by applicable law, you cannot file a claim or cause of action arising out of or related to these Terms of Use or the Site including without limitation Site Content more than one (1) year after such claim or cause of action arose.
10. INDEMNIFICATION. You will indemnify and hold Alexza, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Terms of Use by you, including without limitation any use of Site Content other than as expressly authorized in this Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, fines, costs, expenses, and attorney’s fees (collectively “Losses”) of the Indemnified Parties in connection therewith, including without limitation in relation to the defense of any third party claims related thereto. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Site, including without limitation for any Indemnified Party’s Losses, except to the extent such claims and losses are due to the negligent or willfully malicious acts of Alexza.
11. CHANGES TO THESE TERMS. ALEXZA MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME FOR ANY REASON. IF WE MAKE ANY CHANGES, WE WILL CHANGE THE LAST UPDATED DATE ABOVE AND POST THE NEW TERMS OF USE ON THIS WEBSITE. YOU SHOULD CONSULT THESE TERMS OF USE REGULARLY FOR ANY CHANGES. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
12. INTERNATIONAL USERS. THE SITE CAN BE ACCESSED FROM COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN THE UNITED STATES OF AMERICA. THESE REFERENCES DO NOT IMPLY THAT ALEXZA INTENDS TO ANNOUNCE SUCH PRODUCTS OR SERVICES IN YOUR COUNTRY. THE SITE, THE SITE CONTENT AND SUCH PRODUCTS AND SERVICES ARE CONTROLLED AND OFFERED BY ALEXZA FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. ALEXZA MAKES NO REPRESENTATIONS THAT SITE, THE SITE CONTENT AND SUCH PRODUCTS AND SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE SITE OR THE SITE CONTENT FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
13. NO INVESTMENT ADVICE. Nothing on this Site constitutes an invitation or offer to invest or deal in the securities of Alexza. This Site may contain forward-looking statements that reflect Alexza’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity, and enforcement of its intellectual property, the stability of its commercial relationships, and the general economic conditions. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this Site and the past performance of the price of securities must not be relied on as a guide to their future performance.
14. PRIVACY. Your personal information will be treated in accordance with our Privacy Policy, located at our privacy policy. If you use the Site, you are acknowledging the content of our Privacy Policy.
15. TERMINATION OR RESTRICTION OF ACCESS. Alexza reserves the right, in its sole discretion, to (i) terminate your access to the Site and the related services or any portion thereof at any time, without notice; and (ii) withdraw, suspend, or discontinue any functionality or feature of the Site.
16. GENERAL PROVISIONS. The communications between you and Alexza may take place via electronic means, whether you visit the Site or send Alexza emails, or whether Alexza posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Alexza in an electronic form; and (b) agree to all terms and conditions, agreements, notices, disclosures and other communications that Alexza provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Alexza’s principal place of business is located for any lawsuit filed there against you by Alexza arising from or related to these Terms of Use.
17. CONTACT INFORMATION. If you have any questions about the foregoing, please emails us to info@alexza.com.
18. Legal Notices.
Alexza Pharmaceuticals, Inc.
6550 Dumbarton Circle, Suite A
Fremont, CA 94555
TEL: (650) 944-7000
Last Updated: July 2024
