Web Terms of Use and Privacy Policy 

Terms of Use

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE AND OUR PRIVACY POLICY. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU MUST NOT USE THIS SITE. 

User Rights

Five Prime Therapeutics, Inc. (“FivePrime”, “we” or “us”) owns the websites located at www.fiveprime.com and www.fiveprime.net (together, this “Site”).  FivePrime owns or controls this Site, the computers hosting this Site, and the content provided on this Site, including text, graphics and audio and video clips (“Content”).  You may access this Site and download and print Content presented on this Site solely for your personal, non-commercial use only.  FivePrime grants you no other rights, including with respect to this Site or any Content.  For clarity, FivePrime reserves all copyrights, trademark and other rights it has in all copyrighted and trademarked Content.  Any unauthorized use of this Site or any Content will terminate your right to access this Site or use any Content as permitted by these Terms of Use and any such unauthorized use may violate applicable laws, including copyright laws, trademark laws or communications regulations or statutes.

Linking

FivePrime makes no claim or representation regarding, and accepts no responsibility for, the quality, content or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. FivePrime does not control any such linked site and we are not responsible for the content of any such linked site. We provide links in this Site to you as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or of any information contained therein. When using any linked site, you should review the applicable terms and policies of that site, including privacy and data gathering practices of that site.

Forward-Looking Statements

This Site contains forward-looking statements involving risks and uncertainties and FivePrime’s actual results could differ materially from those express or implied in this Site.  The forward-looking statements may include statements regarding expectations regarding our research, preclinical or clinical programs, including regarding the filing of INDs, receipt data, potential indications or market potential.  Various factors may cause differences between our expectations and actual results including because (a) the development and commercial potential of our programs could be adversely impacted by changes in our plans or timelines, including because of unexpected safety or efficacy data observed during non-development work or clinical trials, lower than expected enrollment rates in clinical trials, changes in expected competition or changes in regulatory support for our development path; (b) we or our partners determine to advance, slow or terminate a pre-clinical development program; and (c) we become a party to unexpected litigation or other disputes.  Any such changes could also cause unexpected impacts on our prospects, cash utilization and costs and expenses.  We expressly disclaim any obligation or undertaking to update or revise any forward-looking statements to reflect any change in expectations, even as new information becomes available or other events occur in the future.  All forward-looking statements made in this Site are qualified in their entirety by this cautionary statement.

Third-Party Information about FivePrime

We may provide links to third-party sites or services that contain business or financial information about FivePrime. We provide access to such sites and the information contained therein as a convenience.  We neither regularly monitor nor control the content of third parties' statements or sites. Accordingly, we do not endorse or adopt these sites or any information contained therein. We make no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party sites or other third-party information that is identified on this Site. Users visit these third-party sites and use the information contained therein at their own risk.

Trademarks

FivePrime, the FivePrime logo, and any product or service names appearing on this Site are trademarks, service marks or registered trademarks or service marks of FivePrime or third parties.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by FivePrime.

Warranties and Disclaimers

FIVEPRIME PROVIDES THIS SITE AND THE CONTENT ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. FIVEPRIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT AND SERVICES ON THE SITE. FIVEPRIME DOES NOT REPRESENT OR WARRANT THAT CONTENT AND MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE FIVEPRIME ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, FIVEPRIME CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER (S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Medical Information

This Site may contain information related to certain medical conditions and treatments therefor. This information is not meant to be, and should not be considered as, medical advice. If you have a medical condition, you should consult your physician or health care provider.

Limitation of Liability

IN NO EVENT SHALL FIVEPRIME BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF THIS SITE OR CONTENT CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Waiver

No waiver by FivePrime, whether express or implied, of any provision of these Terms of Use shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms of Use. Nor shall FivePrime be estopped from enforcing any provision of these Terms of Use. Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your access to the Site, and to block or prevent future access to and use of the Site.

Applicable Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law rules. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your access to or use of this Site or any Content shall be filed only in state or federal court located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.

Severability

If any portion of these Terms of Use (or other terms and conditions applicable to a section of this web site) is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms of Use as possible. Any unaffected provision of these Terms of Use shall remain in full force and effect.

Changes to Terms of Use

FivePrime reserves the right to modify these Terms of Use at our discretion. If we decide to change these Terms of Use, we will post those changes here. We encourage you to visit this section of the Site regularly in order to remain informed of any changes. Changes to these Terms of Use shall become effective as of the time they are posted to this Site.

LAST UPDATED: April 2013