www.optinose.com User Agreement
These Sites contain “forward-looking statements” within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements regarding Optinose’s future operations, financial performance, financial position, prospects, strategies and objectives and other future events. In some cases, you can identify forward-looking statements by words such as “may,” “will,” “could,” “would,” “should,” “expect,” “intend,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “project,” “potential,” “continue,” “ongoing,” “scheduled” and similar expressions, although not all forward-looking statements contain these identifying words.
Forward-looking statements are based upon Optinose’s current expectations, intentions and assumptions regarding future events and are subject to a number of risks, uncertainties and other factors, many of which are outside of Optinose’s control, that could cause actual results to differ materially and adversely from those expressed or implied by such statements. Factors that could cause or contribute to such differences include, but are not limited to: the ability to successfully commercialize XHANCE™ (fluticasone propionate); the ability to obtain adequate reimbursement for XHANCE; the level of acceptance of XHANCE by physicians, patients and healthcare payors; the design and execution of clinical trials to support future indications for XHANCE; the ability to obtain additional capital; reliance on contract manufacturers and suppliers for commercial supply; the uncertainty of patent protection; use of a contract sales organization; litigation and other risks detailed in the Optinose’s filings with the Securities and Exchange Commission. Additionally, other unknown, unidentified or unpredictable factors could also materially and adversely impact actual results. As a result, you should not place undue reliance on forward-looking statements.
Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date the statement was made. While Optinose may update certain forward-looking statements from time to time, it specifically disclaims any obligation to do so, whether as a result of new information, future developments or otherwise.
Optinose, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within these Sites. Optinose reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. Optinose cannot and does not review all communications made on or through these Sites, but, although not obligated to, may review, filter, verify, make changes to or remove any User Content, Site Material, these Sites or the products or services made available in connection with these Sites, with or without notice in its sole discretion. You agree that You must evaluate and bear all risks associated with the use of Site Material or User Content and that You may not rely on such Site Material or User Content.
THESE SITES, THEIR CONTENT, THE EMAIL ALERT SERVICE AND THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THESE SITES 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 THESE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THESE SITES, ITS CONTENT, THE EMAIL ALERT SERVICE AND THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THESE SITES IS AT YOUR SOLE RISK. OPTINOSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THESE SITES, THE EMAIL ALERT SERVICE OR THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THESE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. FURTHER, OPTINOSE EXPRESSLY DISCLAIMS ANY OBLIGATION OR DUTY TO UPDATE OR CORRECT INFORMATION CONTAINED ON THESE SITES AND MAY CEASE THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THESE SITES 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 THESE SITES, THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THESE SITES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
Links to Other Websites
These Sites 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 These Sites
If a third party links to these Sites, 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 these Sites. 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.
Optinose welcomes Your feedback and suggestions. Any ideas, suggestions, information, know-how, material or other content (collectively, “content”) received through these Sites, including emails to Optinose or postings on interactive portions of these Sites, 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 these Sites 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 these Sites 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 these Sites are Copyright © 2017 OptiNose, Inc. and/or its affiliate and subsidiary companies, or its licensors, all rights reserved. Optinose also owns a copyright in these Sites 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 these Sites 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 these Sites should be sent to: General Counsel, OptiNose, Inc., 1020 Stony Hill Road, Suite 300, Yardley, Pennsylvania 19067.
Limitation of Liability
We Are Not Providing Investment Advice or Soliciting Offers
Nothing in these Sites constitutes investment advice, including our SEC filings. We provide investor relations materials for Your convenience and information only. In addition, investor relations materials and our other content on these Sites are not offers to sell or solicitations of an offer to buy any security. There are no guarantees about the future performance of the stock market or our stock. Before You invest in any security, You are urged to consult with a qualified financial advisor.