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.

2. 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.

3. 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.

4. FEEDBACK. Alexza will treat any feedback or suggestions 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.

5. Mailing LIST. By signing up to our mailing list(s), you hereby authorize Alexza to use and disclose this information, including for the purposes of sending periodic mailings to you about Alexza products, services, and news, if you indicated your interest in receiving such mailings. These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Site Content).

6. THIRD PARTY LINKS. The Site may contain links to other websites operated by third parties. Such third party websites are not under the control of Alexza. Alexza is not responsible for the content of any third party website or any link contained in a third party website. Alexza provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites.

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 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.

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, 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 A ALEXZA’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ALEXZA’S FRAUD OR FRAUDULENT MISREPRESENTATION.

10. 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.

11. 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 YOUR COUNTRY. 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.

12. NO MEDICAL ADVICE. Site Content is for informational purposes only and should not be construed as making any recommendations or medical advice. While there may be information on the Site related to certain medical conditions and their treatment, should a medical condition exist, promptly see your own physician or health care provider. Alexza does not offer personalized medical diagnosis or patient-specific treatment advice. Indeed, only your doctor or other health care professional can determine if a product described in this, or any, web site is appropriate for you. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THIS, OR ANY OTHER, WEB SITE.

13. NO INVESTMENT ADVICE. Nothing on this Site constitutes an invitation or offer to invest or deal in the securities of Alexza. 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 www.alexza.com/privacy-policy. If you use the Site, you are acknowledging the terms and conditions of our Privacy Policy.

15. 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.

16. CONTACT INFORMATION.  If you have any questions about the foregoing, please contact us here.

Last Updated: August 2019