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Terms of Use
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Terms of Use

Welcome to our website (the "Site"). This Site is maintained by Sunesis Pharmaceuticals, Inc. ("Sunesis") to provide general information about our company and is not intended to provide investment or medical advice. Please review the following terms and conditions concerning your use of the Site (the "Terms of Use"). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, USING, OR DOWNLOADING ANY INFORMATION AND/OR MATERIALS FROM THE SITE, YOU ARE AGREEING TO ACCEPT, WITHOUT LIMITATIONS, THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

1. License. The content of the Site (the "Site Content") is owned or controlled by Sunesis and is protected by copyright laws throughout the world. Sunesis authorizes you to reproduce portions of the Site Content for the sole purpose of your non-commercial reference use only, provided any copy you make retains all copyright or other proprietary notices and disclaimers contained herein. All other uses require a prior written authorization from Sunesis. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Sunesis and its suppliers reserve all rights not granted in these Terms of Use.

2. Modification. Sunesis reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Sunesis will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site. While Sunesis intends to periodically update the Site, it has no obligations to do so and makes no representations or warranties as to the Site's accuracy or completeness.

3. Communication. Sunesis will treat any feedback or suggestions you provide to Sunesis as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Sunesis to the contrary, you agree that you will not submit to Sunesis any information or ideas that you consider to be confidential or proprietary. By submitting your contact information and any other personal information through the Site, you hereby authorize Sunesis to use and disclose this information, including for the purposes of sending periodic mailings to you about Sunesis product candidates, services, and news. These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Site Content).

4. Links. Links to other websites are provided for the users' convenience only and are not an endorsement or a recommendation of the content of such websites.

5. Forward-Looking Statements. The statements on the Site that relate to future events, Sunesis' expectations or Sunesis' future financial or operating performance are forward-looking statements. Sunesis has attempted to identify forward-looking statements by using words such as "anticipates," "believes," "could," "estimates," "expects," "intends," "may," "plans," "potential," and "predicts," or the negative of these words. These statements are only predictions and involve known and unknown risks, uncertainties, and other factors that may cause Sunesis or Sunesis' industry's actual results and performance to be materially different from those expressed or implied by these statements. These risks include the timely and successful development of products, receipt of necessary regulatory approvals and commercial acceptance of products, the obtaining of proprietary protection for any such products, the impact of competitive products and pricing and reimbursement policies, changing market conditions and other risks. Actual results may differ materially from those projected. These forward-looking statements represent Sunesis' judgment as of the date of posting. Sunesis disclaims, however, any intent or obligation to update these forward-looking statements. In addition, please see Sunesis' Annual Report on Form 10-K under the caption "Item 1A - Risk Factors" for further risks facing Sunesis. You can access Sunesis' latest Annual Report on Form 10-K from the following page of the Site

6. Press Releases. The information contained within press releases issued by Sunesis should not be deemed accurate or current except as of the date the release was posted. Sunesis has no intention of updating, and specifically disclaim any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is subject to material risk. See "Forward-Looking Statements" above.

7. Warranty Disclaimer. SUNESIS IS PROVIDING THE SITE AND THE SITE CONTENT ON AN "AS IS" BASIS FOR USE AT YOUR OWN RISK. SUNESIS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. SUNESIS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.

8. Limitation of Liability. IN NO EVENT SHALL SUNESIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SUNESIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. SUNESIS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

9. General Provisions. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any legal action or proceeding relating to the Site is governed by U.S. federal law and/or the laws of the State of California and shall be instituted in the state or federal courts of San Mateo County, California. You and Sunesis agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

SUNESIS, the Sunesis logo logo, and TETHERING® are trademarks of Sunesis Pharmaceuticals, Inc. and may not be used without permission in connection with any third-party products or services. All other trademarks, trade names, and services appearing on the site are the property of their respective owners.