Legal Disclaimer

BEFORE ACCESSING THIS WEBSITE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THIS SITE. BY ACCESSING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, WHETHER YOU ARE A CASUAL VISITOR, A DOCTOR, SURGEON, SCIENTIST, HOSPITAL, HEALTHCARE AGENCY, CLINIC, SOFTWARE PROVIDER, PATIENT, INVESTOR OR A PURCHASER OF PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION BY OPTINOSE TO ACCESS OR OTHERWISE USE THIS SITE. YOU SHOULD REVIEW THIS POSTING OF THE TERMS OF USE EACH TIME YOU ACCESS THIS SITE AS THE TERMS MAY CHANGE AT ANY TIME IN OUR SOLE DISCRETION, AND YOUR USE OF THIS SITE AFTER SUCH CHANGE WILL SIGNIFY YOUR ACCEPTANCE OF THE CHANGED TERMS.

www.optinose.com User Agreement

Welcome to www.optinose.com (also referred to as “Site”) owned and operated by OptiNose, Inc. and/or a subsidiary (also referred to as “OptiNose”, “us” or “we”). This Site and its content are for general informational purposes and intended strictly for access and use by United States residents. These Terms of Use govern Your access and use of this Site. By accessing or using this Site, You indicate that You understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms of Use and agree to be legally bound by them. Please note that OptiNose reserves the right to change these Terms of Use at any time at its sole discretion. Your continued use of this Site following any such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. Therefore, You are urged to review the Terms of Use each time You access this Site.

License Grant

These Terms of Use provide You with a personal, revocable, nonexclusive, nontransferable license to use this Site subject to, and conditioned on, Your compliance with these Terms of Use. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Republication or citation of any content generated by this Site without OptiNose’s express written consent is prohibited. You agree not to copy, modify, adapt, frame, mirror, reproduce, translate, distribute, transmit, reverse engineer, decompile or disassemble any aspect of this Site, except as expressly permitted by these Terms of Use. As a further condition of use of this Site, You warrant to OptiNose that You will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms of Use. Any rights not expressly granted herein are reserved.

Disclaimer

THIS SITE, ITS CONTENT, THE EMAIL ALERT SERVICE AND THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. OPTINOSE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, THE EMAIL ALERT SERVICE OR THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE, ITS CONTENT, THE EMAIL ALERT SERVICE AND THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THIS SITE IS AT YOUR SOLE RISK. OPTINOSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE, THE EMAIL ALERT SERVICE OR THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. FURTHER, OPTINOSE EXPRESSLY DISCLAIMS ANY OBLIGATION OR DUTY TO UPDATE OR CORRECT INFORMATION CONTAINED ON THIS SITE AND MAY CEASE THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THIS SITE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR MATERIAL YOU OBTAIN FROM THIS SITE, THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THIS SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

Medical Information

Medical information that appears on this Site is for informational purposes only and is not, nor is intended to be, a medical diagnosis or a replacement for advice given by a physician or other medical professional. The information provided on this Site should not be relied upon as the basis of any healthcare decision. Without limiting anything else in these Terms of Use or otherwise, OptiNose is not responsible for any errors or omissions in the Site. YOU MUST CONSULT WITH A PHYSICIAN, DOCTOR OR HEALTHCARE PROVIDER BEFORE TAKING ANY PRODUCT OR USING ANY INFORMATION ON THIS SITE.

Links to Other Websites

This Site may link You to other websites that are not owned or controlled by OptiNose. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website’s owners or sponsors. These links are provided for Your convenience only. OptiNose expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites. If You choose to hyperlink to another website, You do so at Your own risk. We reserve the right to terminate a link to a third party website at any time.

Links from Other Websites to This Site

If a third party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to this Site. OptiNose expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites.

Submissions

OptiNose welcomes Your feedback and suggestions. Any ideas, suggestions, information, know-how, material or other content (collectively, “content”) received through this Site, including emails to OptiNose or postings on interactive portions of the Site, shall be deemed PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on the part of OptiNose to keep such information secret.

You hereby grant OptiNose a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for OptiNose to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) or act on such content without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. OptiNose is free to use, for any purpose whatsoever, any content, including but not limited to publishing, or developing, manufacturing and marketing products using such content. You warrant that all “moral rights” in any content have been waived and you hereby RELEASE OptiNose from any liability under any legal theory in connection with the use, modification, sale or disclosure of any content.

You are not authorized to post on or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other content that could give rise to any civil or criminal liability under the law.

Intellectual Property Rights

All materials contained on this Site are protected by law, including but not limited to United States copyright and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with this Site are Copyright © 2017 OptiNose, Inc. and/or its affiliate and subsidiary companies, or its licensors, all rights reserved. OptiNose also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement and enhancement of such content. OptiNose® and Breath Powered® are registered trademarks of OptiNose, Inc. or its affiliate and subsidiary companies. XHANCE is a trademark of OptiNose, Inc. or its affiliate and subsidiary companies. Unauthorized use of any material or trademarks contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes and other laws and regulations. Please be aware that OptiNose actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Copyright Owners’ Rights Under the Digital Millennium Copyright Act of 1998

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe in good faith that materials hosted by OptiNose infringe Your copyright, You (or Your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office website. Notices and counter-notices for the Site should be sent to: General Counsel, OptiNose, Inc., 1020 Stony Hill Road, Suite 300, Yardley, Pennsylvania 19067.

Limitation of Liability

YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THIS SITE, THE EMAIL ALERT SERVICE AND ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THIS SITE. IN NO EVENT SHALL OPTINOSE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL (INCLUDING LOSS OF PROFITS), PUNITIVE OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXISTENCE, ACCESS OR USE OF THIS SITE, THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THIS SITE, REGARDLESS OF WHETHER OPTINOSE OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS ALSO INCLUDES DAMAGES FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. IN NO EVENT WILL OPTINOSE’S LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OF USE OR THE PERFORMANCE OR BREACH THEREOF, OR THE SITE OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR SUCH ITEM OR PRODUCT.

Indemnification

You agree to indemnify and hold harmless OptiNose and/or its affiliates and subsidiaries, and their respective officers, directors, employees, shareholders, agents, representatives, service providers and licensors, and their respective successors and assigns, from and against any damages (including reasonable attorneys’ and professional fees and litigation costs) arising out of or related to Your breach of these Terms of Use or Your misuse of this Site.

The provisions regarding use of the Site and the provisions regarding Indemnification are for the benefit of OptiNose and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities may be afforded by OptiNose the right to assert and enforce those provisions directly against you on its own behalf. Furthermore, OptiNose may assign any of its rights and duties under these Terms of Use to any party at any time without notice to you.

Privacy Policy

Please see our Privacy Policy governing this Site. The Privacy Policy is incorporated by reference into, and is a part of, these Terms of Use. By using this Site You agree to the terms of the Privacy Policy and You consent to the collection, use and disclosure of information in accordance with the Privacy Policy. Please be sure to read the Privacy Policy before using or submitting information to this Site.

Miscellaneous

These Terms of Use shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be the commonwealth of Pennsylvania. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to You. Specific areas or pages of this Site may include additional or different terms relating to the use of this Site or the rights or obligations of You or OptiNose. In the event of a conflict between such terms and these Terms of Use, such specific terms shall control.