PROVENGE Terms and Conditions
Dendreon Corporation ("Dendreon" or “We”) provides materials on its Web sites for
consumers and health care providers for general informational, educational, and
disease and treatment awareness purposes. There are also materials on certain Dendreon
Web sites to help health care providers facilitate care. Certain parts of its Web
sites may also be used by individuals interested in seeking employment opportunities
with Dendreon. These Terms & Conditions cover only the Web sites and mobile sites
that are registered to Dendreon ("Web sites"), including
www.dendreon.com, www.PROVENGE.com, ProvengeHCP.com, DendreonOnCall.com,
DendreonMedicalAffairs.com, and
www.PROVENGEReimbursement.com.
Although accessible by others, the Web sites and their contents are primarily intended
for access and use by US residents.
Please carefully read these Terms & Conditions before using the Web sites, they
apply to your access and to the use of Dendreon's Web sites. By accessing or using
any of Dendreon's Web sites including, without limitation, printing or downloading
materials from the Web site, or otherwise using the Web site, you agree that you
have read and agree to be bound by these Terms & Conditions including, but not limited
to, disclaimers of warranties, damage and remedy exclusions and limitations, and
a choice of Washington law. If you do not agree to be bound by these Terms & Conditions,
please discontinue access and use of the Web site. We reserve the right to revise
these Terms & Conditions at any time. Your continued use of this Web site after
we post revised Terms & Conditions, which will be reflected by the "updated date"
at the bottom, signifies your acceptance of the revised Terms & Conditions. Therefore,
it is important to check the Terms & Conditions each time you visit any Dendreon
Web site. Dendreon may, in its sole discretion, discontinue this Web site or any
part thereof or terminate your access to the Web site or certain features at any
time and without notice, including, without limitation, due to any violation by
you of these Terms & Conditions. You agree that you do not have any rights in this
Web site and that Dendreon will have no liability to you if this Web site is discontinued
or your ability to access the Web site or any content you may have posted on the
Web site is terminated.
The Web site contains information concerning Dendreon and its products and services,
including PROVENGE® (sipuleucel-T) and others, and general information
regarding health conditions that Dendreon's products treat that may be useful to
our customers, patients, investors, employees, and stockholders, as well as potential
employees and the general public. Dendreon makes no representations or warranties
and assumes no responsibility or liability as to the accuracy, completeness, reliability,
or usefulness of any information contained on the Web site. Further, Dendreon expressly
disclaims any obligation to update or correct information contained on the Web site
and explicitly disclaims any duty to do so. Dendreon assumes no liability or responsibility
for any errors or omissions in the content of the Web site. Dendreon reserves the
right to make additions, deletions, or modifications to the information or materials
on the Web site at any time and in any way without notice.
The Web Site Does Not Provide Medical Advice or Instructions on Product Use
The information presented on this Web site is not intended to provide medical advice
or to provide instructions on the use of our products, and should not be relied
upon as the basis of any health care decision. This information is not intended
to replace informed medical advice from your qualified health care provider regarding
any questions or concerns you may have about your health or about the potential
beneficial uses and possible adverse effects of any health care product.
Forward-looking Statements
The statements in this Web site that are not descriptions of historical facts may
be forward-looking statements. Those statements involve substantial risk and uncertainties.
These risks and uncertainties may cause actual results to differ materially from
the results discussed in any forward-looking statements, particularly those risks
and uncertainties inherent in the process of discovering, developing and commercializing
drugs that are safe and effective for use as human therapeutics. Factors that may
cause such a difference include material developments affecting our business and
prospects, such as the failure to successfully commercialize any approved product;
lack of achievement of expected revenue goals; risks and uncertainties surrounding
the presentation of data to the FDA and approval of biologics product applications
by the FDA; risks related to our clinical trials; the risk that the results obtained
in one clinical trial will not be obtained in a subsequent clinical trial; the risk
that the safety or efficacy results of a clinical trial will not support an application
for a biologics license; the risk that the FDA will not approve a product for which
a biologics license has been applied; the risk that preclinical development efforts
will not generate results that warrant further development of a product candidate;
progress on the expansion of our commercial facilities, including the expansion
of our manufacturing capacity and other necessary infrastructure; success in the
hiring of additional personnel to support business growth and expansion; our dependence
on the efforts of third parties for certain key components and services; our reliance
on intellectual property protection; and the risk we may need to raise additional
capital to fund business growth or operations. Further information on the factors
and risks that could affect Dendreon's business, financial condition, and results
of operations are contained in Dendreon's public disclosure filings with the US
Securities and Exchange Commission, which are available at
www.sec.gov.
Limited Right of Use/Ownership of Contents
Content on this Web site that is provided by Dendreon or its licensors, including
certain graphics, photographs, images, screen shots, text, digitally downloadable
files, trademarks, logos, product and program names, slogans, and the compilation
of the foregoing ("Dendreon Content") is the property of Dendreon and its licensors,
and is protected in the U.S. and internationally under trademark, copyright, and
other intellectual property laws. You agree not to copy, modify, adapt, upload,
download, post, transmit, republish translate, exhibit, display, use, perform, distribute,
participate in the transfer or sale of, create derivative works from, reverse engineer,
decompile or dissemble, or in any way exploit any of the Dendreon Content, including
without limitation the HTML or other software instructional code, contained in,
or forming part of, our Web site, in whole or in part, without our prior written
permission except for your own personal, non-commercial purposes or where otherwise
indicated on the Web site where found as permissible. You also agree not to use
Dendreon Content in connection with products or services that are not those of Dendreon,
in any other manner that is likely to cause confusion among consumers, that disparages
or discredits Dendreon and/or its licensors, that dilutes the strength of Dendreon's
or its licensor's property, or that otherwise infringes Dendreon's or its licensors'
intellectual property rights. We may offer the download and use of RSS feeds, digital
audio, video content, and/or podcasts from our Web sites. The download and use of
RSS feeds from this Web site is subject to our RSS Feed License terms. The download
and use of digital audio and/or video content and/or podcasts from this Web site
is subject to our Podcast License terms. Nothing contained in this Web site, except
for any RSS Feed License or Podcast License shall be construed as granting a license
or other rights under any patent, trademark, copyright, or other intellectual property
of Dendreon or any third party. Please be advised that Dendreon actively enforces
its intellectual property rights to the fullest extent allowed by applicable laws.
The prohibitions discussed in the paragraph above, include, but are not limited
to, a prohibition on scraping or using any "robot," "bot," "spider," "data mining,"
"computer code," or any other automated device, program, tool, algorithm, process
or methodology, or manual process having similar processes or functionality, to
access, acquire, copy, or monitor any portion of the Web site or any data or content
found on or accessed through the Web site, without our prior permission. In addition,
linking to any page other than one of the Dendreon Web sites' home pages (also known
as deep linking) is prohibited except when done in conformity with the RSS Feed
License or Podcast License.
Dendreon®, the Dendreon logo, Dendreon Targeting Cancer, Transforming
Lives™, PROVENGE®, Neuvenge™, and
the Antigen Delivery Cassette™ are our trademarks. All other registered trademarks
and trademarks are property of their respective owners.
Non-Endorsement, Discretion to Post, and Limited Rights Regarding User-Posted
Content
Information and postings on forums, comment areas, blogs, or other interactive features
may be provided by persons acting on our behalf, as well as unrelated third parties.
Many Web site users may use anonymous screen names and are people not otherwise
connected with us. Dendreon is not responsible for the content of any communication
submitted or posted by Web site users to any features publicly viewable on the Web
site, such as blogs, message boards, or other interactive content, nor do we guarantee
the truthfulness, accuracy, or validity of any posted communication. Any action
you take or do not take based upon information posted to the Web site's interactive
features, including, but not limited, to medical, investment, trading, employment,
or other decisions, is done at your own risk.
The following requirements apply to your use the Web site: (a) you will not use
any electronic communication feature of the Web site for any purpose that is unlawful,
tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory,
embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce,
or distribute any information, software, or other material protected by copyright
or any other intellectual property right (as well as rights of publicity and privacy)
without first obtaining the permission of the owner of such rights; (c) you will
not collect or store personal data about other users; (d) you will not use the Web
site for any commercial purpose not expressly approved by Dendreon in writing; (e)
you will not upload, post, email, or otherwise transmit any advertising or promotional
materials or any other form of solicitation or unauthorized communication; (f) you
will not upload, post, email, or otherwise transmit any material that contains viruses
or any other computer code, files, or programs which might interrupt, limit, or
interfere with the functionality of any computer software or hardware or telecommunications
equipment.
From time to time on certain areas of our Web site you may be able to submit written
posts and certain other materials ("User Content"). By using these features, you
agree that you will not post any content that is unlawful, harmful, tortious, defamatory,
libelous, obscene, invasive of the privacy of another person, threatening, harassing,
abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable
or inappropriate as determined by Dendreon; that you will not post any content that
contains personal information about any individual, violates the privacy/publicity
of any other individual or entity, or anything that you are under a contractual
obligation to keep private or confidential; that you will not impersonate any person
or organization, including without limitation, the personnel of Dendreon, or misrepresent
an affiliation with another person or organization; and you will not post any content
that contains viruses, corrupted files, or any other similar software or programs
that may adversely affect the operation of the Site, or feature of the Site. You
further understand and agree that you have no ownership rights in materials you
submit to us, to any account you may have with us, or other access to the Web site
or features therein. Dendreon may cancel your account and delete all User Content
associated with your account at any time, and without notice, if Dendreon deems
that you have violated these Terms, the law, or for any other reason. Dendreon assumes
no liability for any information removed from our Web site, and reserves the right
to permanently restrict access to the Site or a user account.
By submitting communications or content to any interactive part of this Web site,
you agree that such submission is non-confidential for all purposes and that any
inclusion of personally identifiable information, such as name, photograph, or other
information in such posts may allow others to identify you. If you are a health
care professional, you agree that you will not submit any information that would
directly identify a patient or any information for which you do not have all necessary
consents or authorization to disclose. We reserve the right (but assume no obligation)
to monitor any submissions or postings and delete, move, or edit any content that
we consider inappropriate or unacceptable for any reason. Where we do moderate interactive
features such as blogs, we may review comments and postings for relevance, topicality,
and appropriateness and we may withhold or remove postings for any reason, within
our sole discretion. We are unlikely to post comments relating to ongoing legal
matters or regulatory issues. The posting of submissions that are selected for publication
will be delayed during our review process. We may forward some comments to Dendreon
employees for follow-up.
We reserve the right to republish any material contributed by Web site visitors.
By posting, displaying, or publishing any User Content on the Web site or submitting
any correspondence to us, you expressly grant us a global, nonexclusive, sub-license,
fully-paid, royalty free license to publish, reproduce, sell, disclose, distribute,
or use User Content for any purpose whatsoever in any and all media now known or
hereinafter developed without the requirement to make payment to you or to any third
party or the need to seek any third party permission. This license includes the
right to host, index, cache, distribute, and tag any User Content, as well as the
right to sublicense User Content to third parties, including other users, for use
on other media or platforms known or hereinafter developed. You hereby further grant
us the global, non-exclusive right to use any ideas, concepts, or techniques embodied
in such materials for any purpose whatsoever. In addition, you hereby waive any
and all moral rights you may have in any such materials. Further, you hereby authorize
us to edit and otherwise modify any such material prior to our use, publication,
distribution, sale, reproduction, or disclosure thereof. You also agree that all
User Content will be deemed to be provided to us on a non-confidential and non-proprietary
basis. You represent and warrant that you own the content submitted, displayed,
published or posted by you on the Site and otherwise have the right to grant the
license set forth herein, and the displaying, publishing or posting of any content
you submit, and our use thereof does not and will not violate the privacy rights,
publicity rights, copyrights, trademark rights, patents, contract rights or any
other intellectual property rights or other rights of any person or entity. As further
explained in our Privacy Policy, we will also comply with legal requests to disclose
any personally identifiable information or other information collected over our
Web sites (such as submissions, communications, or postings to others), including
to law enforcement agencies. In addition, your information may otherwise be used
or disclosed consistent with the Privacy Policy, which is available
here .
Sites and Linking
This Web site may provide links to certain other third-party Web sites merely as
a convenience for users of Dendreon Web sites. These third-party Web sites are maintained
on third-party servers and are not under the control of, sponsored by, or affiliated
with, this Web site or Dendreon. We do not control the material on such third-party
Web sites. Access to such third-party Web sites is at the user's own risk and Dendreon
is not responsible for its accuracy or reliability. Inclusion of links to third-party
Web sites does not constitute an endorsement, warranty, approval, or guarantee the
accuracy, the contents, or completeness of any linked Web sites, including any of
the opinions and predictions of any financial analysts with respect to Dendreon
or any of its securities. We expressly disclaim any responsibility for the content
of any third-party Web sites linked to our Web site. Information you submit at a
third party site accessible from this Web site is subject to the terms of that site's
privacy policy, and Dendreon has no control over how your information is collected,
used, or otherwise handled. We urge you to use discretion when you access any third-party
Web sites linked to our Web site.
Privacy
Personal information you provide to us is subject to our Privacy Policy, as updated
from time to time, which is available here.
Indemnification
By accessing and/or using the Web site, you agree to indemnify, defend, and hold
Dendreon, its parents, subsidiaries and affiliates, and their respective officers,
directors, employees, members, agents, representatives, business partners, information
providers, licensors and licensees and their respective heirs and assigns (collectively,
the "Indemnified Parties") harmless from and against any and all liability and costs,
claims, damages, and expenses, including, without limitation, reasonable attorney's
fees and expenses, incurred by the Indemnified Parties in connection with any claim
arising out of, or breach by you of, these Terms & Conditions, any related license
terms (eg, any RSS Feed License terms or Podcast License terms), any violations
thereof by your dependents or which arises from the use of User Content you submitted,
posted, or otherwise provided to Dendreon, or this Web site, or from any other unauthorized
use by you of this Web site. You agree to cooperate as fully as reasonably required
in the defense of any claim. We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you. You shall not enter into any settlement agreement that affects the rights
of any of the Indemnified Parties or requires the taking of any action by any of
them, without our prior written approval.
Disclaimer of Warranties and Liability
Dendreon makes no representations about the reliability of the features of this
Web site, the Content, User Content, or any other Web site feature, and disclaims
all liability in the event of any service failure. You acknowledge that any reliance
on such material or systems will be at your own risk. Dendreon makes no representations
regarding the amount of time that any Content or User Content will be preserved.
THE CONTENT ON DENDREON'S WEB SITES ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS
AVAILABLE" AND DENDREON MAKES NO REPRESENTATIONS OR WARRANTIES 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 WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
DENDREON MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEB SITE WILL BE
AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION
CONTAINED ON THE WEB SITE WILL BE TIMELY, COMPLETE, OR ERROR FREE.
EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE
OF ANY DENDREON WEB SITES. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL DENDREON OR
ANY OF OUR SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS
AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF
ANY KIND OR NATURE (EVEN IF DENDREON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING
FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS, OR USE OF ANY DENDREON WEB SITE
OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEB SITES, REGARDLESS
OF WHETHER DENDREON OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN
ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL DENDREON BE RESPONSIBLE
FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DENDREON'S REASONABLE
CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE,
THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR
SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES
OF DAMAGES, DENDREON'S LIABILITY, AND THAT OF ITS SUBSIDIARIES OR AFFILIATES AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS
PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS
IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES' LAWS.
Dendreon does not endorse, verify, evaluate or guarantee any information provided
by users and nothing shall be considered as an endorsement, verification or guarantee
of any User Content. You shall not create or distribute information, including but
not limited to advertisements, press releases or other marketing materials, or include
links to any sites which contain or suggest an endorsement by Dendreon without the
prior review and written approval of Dendreon.
We do not warrant that the functions or informational materials contained in or
accessed through our Web sites are free of computer viruses or other harmful components.
Although we make a good faith effort to update the content of our Web site periodically,
we do not have a duty to update information contained in our Web sites, and we will
not be liable for any failure to update such information.
Dendreon assumes no responsibility or liability arising from content of the Web
sites nor for any error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any information within
the Web sites or accessed through the Web sites.
Dendreon Web Sites Copyright Infringement Policy for Interactive Features
Dendreon respects the intellectual property of others, and requires that our users
do the same. You may not upload, embed, post, e-mail, transmit, or otherwise make
available any material that infringes any copyright, patent, trademark, trade secret,
or other proprietary rights of any person or entity. Dendreon has the right to terminate
the access of infringers to interactive features.
If you believe your work has been copied and posted on or through the Web site in
a way that constitutes copyright infringement, please contact us:
privacy@dendreon.com.
Miscellaneous
These Terms constitute a binding agreement between you and Dendreon, and is accepted
by you upon your use of the Web site. These Terms & Conditions constitute the entire
agreement and govern your use of the Web site and any information or services offered
on the Web site. This agreement supersedes any prior terms of use or other agreements
between you and Dendreon concerning use of this Web site. Both you and Dendreon
acknowledge and agree that no partnership is formed and neither of you nor Dendreon
has the power or the authority to obligate or bind the other.
Any controversy or claim arising out of or relating to these Terms shall be settled
by binding arbitration in a location determined by the arbitrator as set forth herein
(provided that such location is reasonably convenient for claimant), or at such
other location as may be mutually agreed upon by the parties, in accordance with
the procedural rules for commercial disputes set forth in the Comprehensive Arbitration
Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS
Rules and Procedures. The arbitrator shall apply Washington law consistent with
the Federal Arbitration Act and applicable statutes of limitations, and shall honor
claims of privilege recognized at law. In the event that the claimant is able to
demonstrate that the costs of arbitration will be prohibitive as compared to the
costs of litigation, Dendreon will pay as much of the claimant's filing and hearing
fees in connection with the arbitration as the arbitrator deems necessary to prevent
the arbitration from being cost-prohibitive. If any part of this arbitration provision
is deemed to be invalid, unenforceable or illegal (other than that claims will not
be arbitrated on a class or representative basis), or otherwise conflicts with the
rules and procedures established by JAMS, then the balance of this arbitration provision
shall remain in effect and shall be construed in accordance with its terms as if
the invalid, unenforceable, illegal or conflicting provision were not contained
herein. If, however, the portion that is deemed invalid, unenforceable or illegal
is that claims will not be arbitrated on a class or representative basis, then the
entirety of this arbitration provision shall be null and void, and neither claimant
nor Dendreon shall be entitled to arbitrate their dispute. Upon filing a demand
for arbitration, all parties to such arbitration shall have the right of discovery,
which discovery shall be completed within sixty days after the demand for arbitration
is made, unless further extended by mutual agreement of the parties. THE ARBITRATION
OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES
WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE
LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED
WITH THE SITES AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING
ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2)
ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY,
OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED
OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD
FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES,
OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED
OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES
(IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE
ABOVE MAY NOT APPLY TO YOU.
These Terms & Conditions are governed by and shall be construed in accordance with
the laws of the State of Washington without regard to its conflict of law provisions.
By accessing or using this Web site, you agree to submit to the personal and exclusive
jurisdiction of the federal and state courts located within the State of Washington
for resolution of any disputes arising out of or relating to these Terms & Conditions
or your use of the Web site. You agree that, except as expressly provided in these
Terms & Conditions (and other than Dendreon and its affiliates), there shall be
no third-party beneficiaries of these Terms & Conditions. These terms operate to
the fullest extent permitted by law.
The failure by us to exercise or enforce any right or provision of these Terms &
Conditions shall not constitute a waiver of such right or provision, and no waiver
shall be enforceable unless in writing and signed by the party against whom enforcement
is sought.
If any portion of these Terms & Conditions is held to be unenforceable, the unenforceable
portion will be construed in accordance with the relevant law to as nearly as possible
reflect the original intentions of the parties and the remainder of the agreement
will be enforced as written.
Thank you for visiting our Web sites. If you have questions or comments regarding
any of our Web sites, they should be directed to:
privacy@dendreon.com.
Updated February 2013