Terms and Conditions

Welcome to our website.

Please review the following terms and conditions concerning your use of our website and the information and materials on our website. By accessing and using the website, you personally and on behalf of the legal entity of which you are a representative, agent or employee when acting in that capacity, agree to be bound by the following terms and conditions and warrant that you are authorized to bind that entity. We reserve the right to change the terms and conditions from time to time at our sole discretion. Your continued access after the change constitutes acceptance of the amended provisions, and the terms in place at the time of access apply. If you do not agree with the terms and conditions, do not use and access or continue to use and access our website. These terms and conditions apply to all visits to our website.

Limited License

We hereby authorize you to access, view and copy information and materials published by us on the public portions of our website, and, with appropriate attribution, to search or link to the public portions of our website. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of this material that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. This permission terminates automatically and without notice if you breach any of these terms and conditions. Upon termination or request from us, you hereby agree to immediately destroy any downloaded or printed material. Information and materials on our website may be protected by copyright and other laws protecting intellectual property or proprietary rights, and those proprietary rights may belong to us or to third parties. Except as specified above, nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of or any third party. Except as expressly provided above, no portion of the information on our website may be reproduced in any form, or by any means, without our prior written permission.

User Communications and User Provided Ideas

You should assume that any communication you transmit to us will not be private. You authorize Cytokinetics to treat such communication or information as non-confidential and non-proprietary. Neither Cytokinetics nor its employees or representatives will accept or consider unsolicited ideas. In spite of this policy, if you do submit such to us, any feedback, information, suggestions, ideas or materials you submit through or in connection with this website (an "Idea") will be considered non-confidential by us. By providing such Ideas to us, you hereby grant to us, at no charge, a perpetual, irrevocable, non-exclusive, transferable, freely sublicenseable (through multiple tiers), royalty free, worldwide right and license to copy, use, make derivative works of, display, perform, distribute and freely exploit any copyrights and other intellectual property rights in and to, or based upon, the Ideas. We will be free to use and/or disseminate such Ideas on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Ideas that you provide, and that you, not Cytokinetics, have full responsibility for the Ideas. You must not transmit or post any indecent, threatening, infringing or unlawful materials to us through this website. Cytokinetics will cooperate with law enforcement agencies or a court order with respect to disclosing the identity of anyone posting or transmitting information or materials that may violate applicable laws.

Compliance With Applicable Laws

User access to our website is governed by all applicable federal, state and local laws. If the laws of your jurisdiction do not permit access, then you must refrain from doing so.

Disclaimers

Although we have attempted to provide accurate information and materials on our website, we assume no responsibility and make no warranties regarding for the accuracy, completeness, availability, or timeliness of that information and those materials. The information and materials contained on our website may be out of date or include omissions or other errors. We may change the information provided on our website at any time without notice.

THE WEBSITE AND ALL INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CYTOKINETICS, ITS AFFILIATES AND PARTNERS DISCLAIM ALL WARRANTIES OR CONDITIONS,EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND THE USE OFREASONABLE SKILLS AND CARE.

The use of the word "partner" or "partnership "does not mean a legal partner or legal partnership.

Limitation of Liability

YOUR USE AND ACCESS OF OUR WEBSITE IS AT YOUR OWN RISK. CYTOKINETICS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING OUR WEBSITE, AND OUR AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES BASED UPON, RELATED TO OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR THE MATERIALS, INFORMATION OR LINKS TO OTHER WEBSITES OR INFORMATION OF THIRD PARTIES WITHIN OUR WEBSITE, EVEN IF CYTOKINETICS OR SUCH OTHER PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD CYTOKINETICS, ITS AFFILIATES AND PARTNERS HARMLESS FROM AND NOT TO SUE SUCH PERSONS FOR ANY CLAIMS BASED UPON, RELATED TO OR IN CONNECTION WITH THE USE OF OUR WEBSITE, THE MATERIALS AND INFORMATION ON OUR WEBSITE, OR ANY WEBSITES LINKED FROM OUR WEBSITE.

Third Party Information and Websites

Our website contains information and materials from third parties, and links to websites owned and/or controlled by parties other than Cytokinetics. Access to any other website is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. We provide these links as a convenience and their inclusion is not and does not imply an endorsement. It is also up to you to take precautions to ensure that whatever websites you access are free of viruses and other items of a destructive nature. Mention of the products or services of third parties is for information purposes only and is neither an endorsement nor a recommendation.

Governing Law and Jurisdiction

All matters relating to your access to, or use of, our website shall be governed by U.S. federal law or the laws of the State of California, without the application of any conflict of law principles that might lead to the application of another jurisdiction's laws. Any legal action or proceeding relating to your access to, or use of, our website shall be instituted in a state court in San Mateo County, California or the U.S. district court for the Northern District of California. You and Cytokinetics agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding, and irrevocably waive any objections to such jurisdiction or venue, including, without limitation forum non conveniens.

Infringement of Third Party Rights; Address for Notices of Infringement

If you believe that any information or materials available on our website infringe the intellectual property rights of others or are otherwise unlawful, please contact us at the address on the "contact us" page. We are committed to complying with applicable laws, and will respond appropriately to notices that conform to applicable legal requirements.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on our website are the property of Cytokinetics or other third parties. You are not permitted to use these Marks without our prior written consent or the prior written consent of the third party that owns the Mark. "CYTOKINETICS," and our logo used alone and with the mark "CYTOKINETICS," and "CYTOMETRIX" are registered service marks and trademarks of Cytokinetics. PUMA is a trademark of Cytokinetics. "GLAXOSMITHKLINE" is a registered trademark of GlaxoSmithKline, plc. "AMGEN" is a registered trademark of Amgen Inc. All other trademarks used on the website are the property of their respective owners.