Terms of Use

These Terms and Conditions of Use constitute the entire agreement between you and Affymax, Inc. (the “Company”), relating to the information on, and your use of, the Websites at which these Terms and Conditions of Use are posted (collectively, the “Websites”). By using our Websites, you are acknowledging your consent to these Terms and Conditions of Use. Do not use our Websites if you do not agree to the following Terms and Conditions of Use. The Company reserves the right to modify these Terms and Conditions of Use from time to time. These Terms and Conditions of Use should be read in conjunction with our online Privacy Policy.

Notwithstanding anything to the contrary in the foregoing, you may be subject to certain additional agreements with the Company in addition to these Terms and Conditions of Use, which agreements may impact your ability to use our Websites. In the event that such agreements impose additional obligations on you not described in these Terms and Conditions of Use, those additional obligations will be considered to be a part of these Terms and Conditions of Use. Affymax may revise these terms and conditions from time to time without further notice by updating this posting.

Website Not Intended for Investment Advice

The Website has been designed to provide general information about Affymax and its products. These pages are not intended to provide investment advice.

No Medical Advice

The Company is not a healthcare provider. It does not render medical advice or services, and the information on our Websites should never be used as a substitute for the advice provided by your physician or other healthcare provider. You should not use this information to diagnose or treat a disease or health problem. You should instead always consult your physician or other healthcare provider for such medical advice or services.

Website Not Intended for Use by Children

This Website is not intended for children under the age of eighteen (18). We will not knowingly collect information from Website visitors under the age of eighteen (18).

Jurisdiction and Choice of Law

Please note that if and when they are available or become available, the products and services referred to on any of our Websites are, or will be, available in the United States. They may not be available in other countries. The information provided on our Websites is intended for use only by persons in the United States. The Company makes no representations that the information on our Websites is appropriate for visitors in countries other than the United States, which countries may have different legal or regulatory requirements, or indications for, or restrictions on, the sale or use of pharmaceutical products or information. Nothing herein should be considered a solicitation or promotion for any product or an indication for any product that is not permitted by the laws or regulations of the country where a visitor of our Websites resides.

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the state of California, without regard to choice of law principles. You agree that jurisdiction and venue for any legal proceeding directly or indirectly arising out of or relating to our Websites shall be in the state or federal courts located in the state of California.

Intellectual Property

Each of our Websites and its content, including art work, graphics, images, screen shots, text, music, digitally downloadable files, copyrights, trademarks, trade dress rights, logos, product and character names, slogans and the compilation of the foregoing (collectively, the “Content”) is the property of either the Company or its licensors, and is protected in the United States and internationally under trademark, copyright and other intellectual property laws. Third-party content is used by the Company subject to license, or subject to the fair use provisions of United States trademark and/or copyright laws and applicable provisions in other jurisdictions. Third-party trademarks are the property of their respective owners. All original Content used on our Websites is owned or licensed by the Company for use only on our Websites and in materials provided to health care professionals. Unless specifically noted, you understand and agree that you may not use any Content or third party content appearing at our Websites, including in any publications, in public performances, for any commercial purpose, including in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company’s or its licensor’s property, or that otherwise infringes the Company’s or its licensor’s intellectual property rights. Downloadable files are made available for your use subject to the terms herein, and may be used for personal or non-commercial use, provided that you do not violate any of the terms herein, and provided that the copyright notice of the Company appears in all copies of such information. With respect to materials provided to health care professionals, such health care professionals agree to comply with the terms described herein, and may only use Content or third-party content located at any of our Websites if approved in writing by us. Unauthorized use of any Content in any context is prohibited. Nothing contained herein shall be construed as conferring any license or right under any patent, copyright, or trademark of the Company.

Infringement Notification Policy

If you believe that your work has been copied in a way that constitutes copyright or moral rights infringement, please provide the Company with the following information. Please be advised that to be effective, notification must include ALL of the following:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed, or in respect of which you claim your moral rights have been infringed;
  3. a description of where the material that you claim is infringing is located, including the address of the website where this material is located;
  4. your address, telephone number, and e-mail address and all other information reasonably sufficient to permit us to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

By Mail:
Affymax, Inc.
Attn: Patent Department
4001 Miranda Avenue
Palo Alto, California 94304 USA

Acknowledgments, Representations and Warranties related to Websites where Information can be Uploaded or Downloaded

You understand and acknowledge that use of any of our Websites is at your own risk. The Company is not responsible or liable for any visitor postings or third-party content on any of our Websites, including biographical information provided by health care professionals. The Company is not liable for any Content on any of our Websites. You understand that we expressly disclaim any responsibility for any third-party information or material posted at any of our Websites. We have no responsibility for such content and are merely providing access to such content as a service to you.

We make no representations about the reliability of the features of any of our Websites, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. We make no representations regarding the amount of time any content or information will be preserved.

You participate in or operate and use uploaded information and other Website features at your own risk. If you are dissatisfied with any feature, operability, Content, third- party content, these Terms and Conditions of Use, other agreements we may impose as a condition of usage, or any other component of our Websites, your sole remedy is to discontinue use of our Websites.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

OUR WEBSITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT) ARISING FROM OR IN CONNECTION WITH THE USE OR EXISTENCE OF ANY OF OUR WEBSITES, THE INABILITY TO USE ANY OF OUR WEBSITES, AND/OR THE INFORMATION THAT ANY OF OUR WEBSITES CONTAIN, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY HAS NOT REVIEWED THE THIRD-PARTY WEBSITES THAT MAY BE LINKED TO ANY OF OUR WEBSITES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY THIRD-PARTY WEBSITES LINKED TO ANY OF OUR WEBSITES. THE COMPANY DOES NOT WARRANT THAT OUR WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES. ANY INFORMATION PRESENTED ON THE WEB SITE AS OF A PARTICULAR DATE MAY ONLY BE ACCURATE AS OF SUCH DATE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY TO UPDATE SUCH INFORMATION.

THE COMPANY ALSO DISCLAIMS RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE RELATING TO OUR WEBSITES WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF ANY OF OUR THIRD-PARTY VENDORS, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

If any of the above exclusions of warranties is unenforceable in your jurisdiction, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction's law.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND THIRD-PARTY VENDORS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS, DEMANDS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, OF ANY PERSON OR ENTITY, INCLUDING PERSONAL INJURY AND DEATH, REGARDLESS OF WHETHER THEY ARISE OUT OF OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF THE COMPANY, ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR USE OF ANY OF OUR WEBSITES, OR ANY CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS OFFERED, SOLD OR PURCHASED AS A RESULT OF ANY CONTACT INITIATED ON OR THROUGH OUR WEBSITES, (ii) YOUR BREACH OF THESE TERMS AND CONDITIONS OF USE, INCLUDING ANY ABUSIVE OR UNLAWFUL BEHAVIOR ON THE PART OF YOU OR YOUR DEPENDENTS, OR (iii) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT OF ANY PERSON. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS OF USE.

Visitor Submissions to a Website

If any visitor of our Websites makes any voluntary submission (such as questions, comments, or suggestions) to the Company, whether oral, written, or electronic, no confidential relationship shall be established between the visitor and the Company. The visitor's submission, and any information submitted with it, shall be considered non- confidential and shall be considered the sole and exclusive property of the Company. You agree that such submission constitutes a “work for hire,” under U.S. copyright law. You agree to assign all rights in and to your submission to the Company. The Company shall have no obligation of any kind (such as compensation) with respect to the submission or any materials that accompany it. The Company shall be free to use or transmit to others any ideas, concepts, information, or techniques contained in the visitor's submission and accompanying materials for any purpose whatsoever, including but not limited to research, development, manufacture, use, or sale of any products or ingredients incorporating or relying on such information.

Note: A visitor's personal information is treated in accordance with our online Privacy Policy.

Present or Future Employment with the Company

Should you become employed with the Company, none of the information or materials on any of our Websites shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on any of our Websites shall affect the employment relationships between the Company and its current, former, or future employees.

Links to Other Websites

Our Websites may from time to time contain links to other third-party websites or other Internet information sources ("Third-Party Sources"). These links are provided as a convenience to visitors and do not constitute an affiliation with such Third-Party Sources or third parties. They are not an endorsement, sponsorship, or recommendation by the Company of, or make us responsible for: (i) the third parties, (ii) the linked Third-Party Sources, or (iii) any content, services, or products available on or through such Third- Party Sources.

Severability

In the event that any provision of these Terms and Conditions of Use shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason, the remainder of these Terms and Conditions of Use shall not be affected in any way thereby.

Conditions of Use, Notices and Changes to the Privacy Policy

From time to time, our internal processes may change, or we may offer new or altered features at our Websites. If appropriate, we will revise these Terms and Conditions of Use or our Privacy Policy. We reserve the right, to the fullest extent permitted by law, to amend either these Terms and Conditions of Use or our Privacy Policy at any time without notice to you other than the posting of an amended Terms and Conditions of Use or Privacy Policy at our Websites. We encourage you to return to this area to read the most recent version of our Terms and Conditions of Use and Privacy Policy. The personal information you provide on our Websites will be treated in compliance with the Privacy Policy in effect as of the date you provide your personal information to us. However, if we alter our practices in a manner that will affect the treatment of the personal information you have already provided, we will attempt to provide visitors who have registered on our Websites with notice of our new Privacy Policy via e-mail.

Forward-looking Statements

This Web site contains forward-looking statements regarding our business, including statements relating to the Company’s financial projections and condition, milestones expected to be accomplished, the continuation and success of the Company's collaboration with Takeda, the timing, design and and results of, and plans for, the Company’s peginesatide research and development programprogram, and the timing and potential regulatory approval and commercialization of peginesatide in the European Union, or E.U., the potential advantages of OMONTYS, the commercialization of OMONTYS in the U.S., s and the Company’s plans for commercial development. The commercialization of peginesatide. Company's actual results may differ materially from those indicated in these forward-looking statements due to risks and uncertainties, including risks relating to the approvability and completeness of the New Drug Application (NDA), risks related to regulatory requirements and approvals, in particular the FDA’s interpretation and review of the data in the NDA New Drug Application and the Marketing Authorization Application including issues related to the subgroup analyses in non-dialysis, data quality and integrity particularly in non-inferiority designed trials, risks related to the continued safety and efficacy of peginesatide in clinical development, OMONTYS in clinical trials and studies in the U.S. and peginesatide in clinical trials and studies in the E.U., the potential for once-monthly dosing per month dosing and room temperature stability, the timing of patient accrual in ongoing and planned clinical studies, research and development efforts, industry and competitive environment, intellectual property rights and disputes and potential for costs, disruptions and consequences of litigation, financing requirements and ability to access capital, and other matters that are described under the caption "Risk Factors" in our periodic filings with the Securities and Exchange Commission. You should not place undue reliance on these forward-looking statements. The Company undertakes no obligation to update these forward-looking statements.