Terms of Use

DYNAVAX TERMS OF USE

Effective Date: Dec 19, 2018

These Terms of Use are entered into by and between you and Dynavax Technologies Corporation, Dynavax GmbH and their respective subsidiaries and affiliates (“Dynavax,” “we,” “us” or “our”). The following Terms of Use, together with the Privacy Notice (collectively, these “Terms”), govern your access to and use of the websites found at dynavax.com, heplisavb.com, any other websites owned and controlled by us that link to these Terms and any of these websites’ subdomains (“our Sites” or “these Sites”). Please read the following Terms carefully before using the Sites.

BY ACCESSING OR USING THESE SITES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY NOTICE FOUND HERE, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS YOU MAY NOT ACCESS, BROWSE OR USE THESE SITES.

General

These Sites are provided by Dynavax for the convenience of visitors to our Sites. Your use of these Sites is at your own risk and you agree to only use these Sites for the purposes for which is has been designed. Notwithstanding any other provision herein, Dynavax reserves the right to change, modify or otherwise alter any features of these Sites, in each case, at any time and for any purpose without prior written notice. Further, Dynavax reserves the right to protect its rights, property and interests to the maximum extent of the law.

Use of the Sites

The Sites are not intended for, or directed to, children under the age of 13. We do not knowingly receive personal data from children under the age of 13. If you are under the age of under the age of 13, do not provide us with any personal data either directly, through any website forms, or by any other digital means. If you become aware that your child has provided us with personal data, please contact us at [Contact Email]. If you do not qualify, you may not use these Sites. While accessing or using these Sites, you agree to comply with all applicable laws, rules and regulations, and these Terms. Your access to and use of these Sites is conditioned upon your compliance with the rules of conduct set forth in this section. Your failure to comply with any such rule may result in termination of your access to or use of these Sites (or any part thereof). You agree that you will not:

Use these Sites for any fraudulent, harmful or unlawful purpose.
Interfere with, damage or disrupt the operation of these Sites or the servers or networks used to make these Sites available; or violate any requirement, procedure, policy or regulation of such servers or networks.
Restrict or inhibit any other person from using these Sites (including by hacking or defacing any portion of these Sites).
Reverse engineer, decompile or disassemble any portion of these Sites, except where such restriction is expressly prohibited by applicable law.
Reproduce, duplicate, copy, modify, adapt, translate, sell, resell or otherwise exploit for any commercial purpose any portion of (or any access to or use of) these Sites without our express prior written consent.
Remove any copyright, trademark or other proprietary rights notice from these Sites or materials originating from these Sites.
Frame or mirror any portion of these Sites without our express prior written consent.
Systematically download and/or store Site content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Sites, without our express prior written consent.

Intellectual Property Information

These Sites, their features, functions, and the information and content which they contain, are the property of Dynavax and its affiliates and licensors, and is protected by intellectual property rights, including United States and international copyright, trademark patent and/or other proprietary rights and laws. All trademarks and logos appearing on these Sites are the property of their respective owners. We reserve all of our intellectual property rights in these Sites and the information and materials made available through these Sites, and do not grant you any license or right in or to any trademarks, logos or other intellectual property rights. Except as expressly authorized in advance by us, you agree not to reproduce, copy, modify, republish, sell, transmit, distribute or create derivative works based on, all or any part of these Sites, any materials made available through these Sites or the intellectual property rights contained therein.

User Information

In these Terms, your “User Information” means any material that we collect from you through, or in relation to your use of, these Sites, for whatever purpose. You own your User Information and you hereby grant, and agree to grant, to Dynavax an unrestricted, worldwide, irrevocable, non-exclusive, perpetual, fully-paid, royalty-free, transferrable license to access, view, display, reproduce, adapt, publish, translate, store, host, cache, maintain, modify, distribute, and otherwise use and exploit your User Information in any manner, provided that it is in accordance with the Privacy Notice and applicable law. You also grant Dynavax the right to sub-license these rights through multiple tiers, and the right to bring an action for infringement of these rights. You agree that you are solely responsible for the content of all information that you provide to us and that such information is true, accurate, complete, does not infringe any other person’s legal rights, and you agree that you will maintain and update such information regularly.

Privacy and Security

You can learn how we handle your information when you use these Sites by reading our Privacy Notice, which explains how we collect, use and disclose information that pertains to your privacy. We encourage you to become familiar with the Privacy Notice because when you access or use these Sites you signify your agreement to the Privacy Notice and consent to the collection, use, disclosure and other handling of information consistent with that policy.

You recognize and agree that if you submit your personally identifiable information to our Sites, while Dynavax has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, Dynavax shall not be responsible for such interceptions or unauthorized access.

Third Party Content

These Sites may contain links to websites and content owned, maintained or operated by third parties. Dynavax is providing these links to you only as a convenience. The inclusion of any link does not imply that Dynavax endorses any third-party website, content or third-party company or product. You acknowledge that Dynavax does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy, integrity, quality, legality, usefulness or safety of any information presented at such other websites. We have no obligation to monitor third party content, and we may, in our sole discretion, block or disable access to any third party content (in whole or part) via these Sites at any time. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access other companies’ websites you do so at your own risk.

Medical Information/Conditions

Any information posted on our Sites related to medical conditions and their treatment is general in nature and is intended only for educational and general information purposes. Should you have a medical condition that may require treatment, or if you have any specific medical questions, promptly see your own doctor or other health care provider. Nothing on these Sites is intended to act as professional medical advice or act as a replacement for in-person visits with a doctor, and you should not rely on it for managing your health. If you are a patient in a medical emergency, please seek emergency treatment from a doctor or other health care provider instead of reviewing information on our Sites. We do not offer medical diagnosis or treatment from these Sites, and none of the information contained on these Sites should be construed as providing medical advice or services of any kind. Only your doctor or other health care professional can determine if a particular medical treatment is appropriate for you.

Always seek the advice of your doctor or other qualified health care provider before starting any new treatment or with any question that you may have about a medical condition.

Forward-Looking Statements

Our Sites contain forward-looking statements that are subject to a number of risks and uncertainties, including statements about our commercial products and product candidates, clinical development plans and timelines, business plans, projected operating results and financial position. Actual results may differ materially due to the risks and uncertainties inherent in our business, including whether product candidates can be further developed, financed or commercialized, or even if further development is permitted, that successful development and approval can occur in a timely manner or without significant additional studies and difficulties or delays in development; initiation and completion of pre-clinical studies and clinical trials of our other product candidates, the results of clinical trials and the impact of those results on the initiation or continuation of subsequent trials and issues arising in the regulatory process; achieving the objectives of and maintaining our collaborative and licensing agreements; the scope and validity of patent protection for our products; possible claims against us based on the patent rights of others; our ability to obtain additional financing to support our operations; and other risks detailed in the “Risk Factors” section of our current periodic reports filed with the SEC. We undertake no obligation to revise or update information herein to reflect events or circumstances in the future, even if new information becomes available.

Reliance on Information

While Dynavax may periodically update or correct information presented on these Sites, such information may include typographical errors and/or technical inaccuracies and/or omissions. Dynavax makes no representation or warranty as to the timeliness, usefulness, completeness or accuracy of any information on these Sites and expressly disclaims any obligation to update such information. Any reliance you place on such information is strictly at your own risk. Dynavax also reserves the right to make additions, deletions or modifications to any information on these Sites for any reason, at any time and from time to time without any prior notice.

Social Media Guidelines

Dynavax may from time to time establish and maintain social media accounts on sites such as Facebook, Linkedin and Twitter.

Other social media accounts may be added and these social media accounts may be removed. However, we have no obligation to notify you of any adding or removing of any social media account.

Your use of the Dynavax social media channels is subject to these “Social Media Guidelines” and the terms of use of the internet or social media platform accessed through the Social Media Guidelines. In addition, please be aware that the privacy policy of the social media platform will govern any information, including personal or protected health information, you disclose to us via a social media platform. For this reason, we recommend that you do not disclose to us any information via a social media platform that you are not comfortable with being public. As a biopharmaceutical company with commercial and development-stage products, we are committed to maintaining ethical, legal, and regulatory standards.

To ensure productive communications that are consistent with our mission and public commitments, we have put in place the following basic guidelines and disclaimers to help you understand how we will use these platforms. We ask for your understanding as we engage in these media, recognizing in particular that responses may at times appear limited in nature.

Guidelines

The Dynavax social media channels may contain message boards and other interactive features that allow users to post, submit, publish, display, or transmit to other users or persons content (collectively, “User Contributions”) on or through such channels. We welcome your @ mentions, replies, comments, likes and shares, and we will use reasonable efforts to respond to questions. Any User Contribution you post to a Dynavax social media channel will be considered non-confidential and non-proprietary. By providing any User Contribution on a Dynavax social media channel, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, provided that it complies with the Privacy Notice and applicable law. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this the Dynavax social media channels.
We have the right, in our sole discretion, to remove or refuse to post any User Contribution for any or no reason or take appropriate legal action, however we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Without limiting the foregoing, User Contributions must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, that promotes illegal activity, or that would violate the legal rights of others, including without limitation information that relates to or exploits children, political campaigning or lobbying, or topics that do not relate to Dynavax.
We make no promises regarding the time frame in which we respond to any question. Some responses may be limited in nature.
Do NOT use this channel to report adverse drug reactions or other medical issues. All adverse events and other medical issues should be immediately reported to the FDA at https://www.fda.gov/safety/medwatch/, or via email to us at dynavaxmedinfo@lashgroup.com.
There may be some questions or comments we cannot or will not address, including without limitation questions directly related to financial matters, clinical trial data, ongoing legal matters, regulatory issues or certain other elements of our business.
We hope that your contributions will add value to the overall dialogue and appreciate you providing links or other resources to support any claims.
We will abide by relevant law, regulations, and guidance that apply to our products or to our responses to your comments or questions.

Disclaimers

Following a social media account does not indicate an endorsement of the account owner or its products and services. Favorites, likes, comments and/or retweets do not indicate Dynavax’s endorsement of the social media accounts or any of the content provided.
Dynavax may provide links or references to other sites as part of its social media posts. However, Dynavax claims no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of the platform.
Dynavax reserves all rights relating to its social media platforms including, but not limited to: (a) adding, removing or modifying any content or material posted on the accounts; (b) discontinuing the pages or any of our social media accounts at any time; (c) accepting or rejecting those who may wish to follow the accounts, including without limitation blocking disruptive users in Dynavax’s sole judgment; and (d) responding to any questions or comments addressed to the accounts.
Dynavax will not engage in sensitive topics or discussions about our products, other companies’ products, or treatment options. In addition, we may choose not to respond to communications for any reason, including without limitation if such communications contain:
- Disparaging, racist, threatening, obscene, unlawful, vulgar, defamatory, pornographic, lewd, discriminatory, harassing or otherwise objectionable content, including without limitation images, videos and links;
- Personal information, such as the name or medical condition of any individual, email addresses, phone numbers, personal photos or videos;
- Proprietary, confidential, sensitive or nonpublic information;
- Violations of copyright or intellectual property rights, including without limitation brand names, trade names, logos, copyright or trade secrets of any person, business or place;
- Attempts to target Dynavax or Dynavax followers with the intent to sell products and services, or recruit followers to other social channels;
- Contain information that is false, inaccurate or misleading;
- Harassment of others, including without limitation information that relates to or exploits children;
- Content posted by fake or anonymous users, including without limitation imitation of another person; or
- Violations of the terms and conditions of the social media platforms.
Dynavax does not offer medical diagnosis or treatment from our social media channels and none of the information shared should be construed as providing medical advice or services of any kind. Only your doctor or other health care provider can determine if a particular medical treatment is appropriate for you. Should you have a medical condition that may require treatment, or if you have any specific medical questions, promptly see your own doctor or other health care provider. Nothing on our social media channels is intended to act as professional medical advice.

Suggestions

We welcome your comments, feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property, you are not owed any compensation in exchange and you hereby assign all rights, title and interest in and to your Suggestions to Dynavax; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.

California Users

If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.

No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE SITES AND OTHER INFORMATION ON OR ACCESSIBLE FROM THESE SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, DYNAVAX DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THESE SITES IS UP-TO-DATE OR FREE OF ERRORS; (ii) THE CONTENT, FUNCTIONS OR SERVICES PROVIDED BY THESE SITES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THAT THESE SITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THESE SITES.

DYNAVAX AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Disclaimers

IN NO EVENT SHALL DYNAVAX, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS, BE LIABLE TO YOU, ANY OTHER USER OF THESE SITES, THIRD-PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THESE SITES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY PROBLEM WITH THESE SITES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THESE SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.

Limitation of Liability

Dynavax and its partners are not liable for any damages resulting from the use of our Sites and information contained within. You agree to hold Dynavax and our partners harmless from and against any claims or actions based upon or related to the use of our Sites.

Indemnity

You agree to indemnify and hold harmless Dynavax, its licensors, its officers, directors, employees, agents, trustees and affiliates from and against all losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees and costs) resulting from any violation by you of these Terms.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

These Sites can be accessed from every U.S. state, as well as from other countries around the world. Each of those places has laws that may differ from those of California, which is where Dynavax’s corporate office is located. If you access these Sites from outside the U.S. you do so at your own risk. Whether inside or outside of the U.S., you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. In the event of a breach of these Terms, we reserve our legal right to remedy. By accessing or using these Sites you and Dynavax agree that the laws of California, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your access to or use of these Sites or any information it contains. With respect to such disputes, you and Dynavax also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court located in Alameda County, California or the U.S. district court for the Northern District of California.

Termination

These Terms are effective unless and until terminated by either you or Dynavax. You may terminate these Terms at any time, provided that you discontinue any further use of these Sites. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to these Sites. Termination shall not affect the respective rights and obligations of you or Dynavax arising before the date of termination.

Miscellaneous

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms, together with the Privacy Notice, contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement or written consents provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on the Sites. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Changes to These Terms

Dynavax reserves the right to change these Terms from time to time for any reason in our sole discretion and without prior notice. We will notify you of changes by posting the new Terms on the Sites and updating the effective date of the Terms. All changes are effective immediately when we post them to these Sites and your continued use of these Sites following the posting of revised Terms mean that you accept and agree to the changes; provided that any such changes shall only apply to your use of these Sites after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.

For Additional Information

If you have any questions about these Terms, please contact us at:

Dynavax Technologies Corporation
2100 Powell Street, Suite 720
Emeryville, CA 94608

Attn: General Counsel

Phone: +1.510.848.5100
Toll Free: +1.877.848.5100
Fax: +1.510.848.1327
privacy@dynavax.com