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Privacy Policy

Privacy and Terms

Updated November 3, 2009

Privacy Statement

NeurogesX, Inc. respects your privacy. This website ("Site") collects only the personal information that you choose to provide, and NeurogesX uses the information only for its legitimate business purposes. NeurogesX will not sell, share, or otherwise distribute your personally identifiable information to third parties for their purposes. Please read our full policy and let us know if you have any questions or concerns.

How We Collect Information

NeurogesX recognizes your need for appropriate protection and management of personally identifiable information you share with us (the phrases "personally identifiable information" means any information by which you can be reasonably identified, such as your name, address, telephone number, etc.). The purpose of this Privacy Policy is to inform you what personally identifiable information we may collect from you when you visit our Site, and how we use such information, and the choices you have regarding our use of, and your ability to review and correct, the information.

In general, you can visit many of our Web pages without telling us who you are or revealing any personally identifiable information. We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.

If you choose to provide us with information about yourself, such as your name, address, telephone number, e-mail address, etc., we will respect the trust that you have placed in us. Whether or not to provide such information is completely your own choice; NeurogesX collects only the personal information that you provide to us. But if you choose not to provide the information we request, you may be unable to access certain services, offers, and content on our Site.

How We Use Information We Collect

We use the information which is automatically received from your Web browser to see which pages you visit within our Site. Such information is used to develop statistics that are helpful to understanding how this Site is used by our visitors. This statistical data is interpreted by NeurogesX in its continuing effort to present the Site content that visitors are seeking in a format they find most helpful.

When NeurogesX receives personally identifiable information, we may use it for reasonable business purposes, such as contacting you, via e-mail or regular mail, to provide you with information we believe may be of interest to you. If you e-mail us, you are voluntarily releasing information to us. Your e-mail address will be used by NeurogesX to respond to you.

Third-Party Use of Information

NeurogesX will not sell, share, or otherwise distribute your personally identifiable information to third parties except as provided herein and in accordance with applicable laws and regulations.

Personally identifiable information may occasionally be transferred to service provider third parties who act for or on behalf of NeurogesX, or in connection with the business of NeurogesX, for further processing in accordance with the purposes for which the data was originally collected.

In case of a security breach or pursuant to a legal matter that requires cooperation with authorities, your identity and the information you provide may be used for investigation purposes. NeurogesX may, at its sole discretion, also remove all the personally identifiable information and use the rest for historical, statistical, or scientific purposes.

Cookies

To enable NeurogesX to provide customized and personalized services, NeurogesX may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer. Cookies, by themselves, do not tell us any personally identifiable information about you. However, if you choose to furnish the Site with personally identifiable information (such as your e-mail address), that information could be linked to the data stored in the cookie. NeurogesX reserves the right to change our use of cookies and our practices regarding linkage to personally identifiable information without any prior notification.

Children

In order to respect the privacy of children online, we do not knowingly collect, seek, maintain, or process personal information submitted by children under the age of 18. If you have a child under the age of 18 who you believe may have provided information to us, please e-mail us at inquiries@neurogesx.com and we shall expeditiously delete it.

Internet Information Security

We take reasonable precautions to ensure that any personally identifiable information you provide on this Site is kept confidential and that only those personnel with legitimate business purposes will have access to this information. Even so, we cannot guarantee that data provided to us will not be subject to loss, alteration, misuse, unauthorized access, disclosure, or destruction. It is important to be aware that all internet transmissions are subject to security breaches and errors. You should take precautions in choosing the information you send to NeurogesX via e-mail and safeguard any passwords or special types of identification you use to access this Site.

California Privacy Rights

California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed "Personal Information" to any third parties for the third parties direct marketing purposes. Except as provided in this Privacy Policy, NeurogesX will not sell or share your Personal Data, except as identified in this statement, for marketing purposes without your consent.

California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us at inquiries@neurogesx.com, or write to us at NeurogesX, Inc., 2215 Bridgepointe Parkway, San Mateo, California 94404, Attention: Legal Department.

Questions and Comments

We strive to ensure the accuracy of any personal information you provide to us online. If you would like to update or review the personal information we have on file for you, please e-mail us your request. To assist us in properly updating our files, please include your old and new personal information in your request.

If you have any questions or comments about this Privacy Policy or if you wish to review and correct your personally identifiable information held by NeurogesX, please contact us.

NeurogesX reserves the right to change or modify this Privacy Policy as needed. Your continued use of this Site signifies your assent to any modifications of this Privacy Policy. By visiting this Site, you indicate your assent to the NeurogesX Privacy Policy. If you have any questions regarding this Privacy Policy, please contact us.

TERMS OF USE

Updated November 3, 2009

Access to and use of this Site are subject to the following terms and conditions and all applicable laws. If you do not agree with these terms of use, please do not use this Site. As we may revise the terms of use from time to time, you should review them periodically.

Medical Advice Disclaimer

No information in this Site is provided with the intention to give medical advice or instructions on the accurate use of NeurogesX products or the treatment of any medical condition. NeurogesX cannot answer unsolicited e-mails requesting personal medical advice; visitors should always consult a healthcare professional.

Copyrights

You should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of NeurogesX. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any NeurogesX copyright.

If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the information required by that Act.

Trademarks

All product names, logos, and service marks displayed on the Site that are identified by ^® or ^TM or appearing in type form different from that of the surrounding text (collectively, the "Trademarks") are registered or unregistered trademarks owned by or licensed to NeurogesX or our partners, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of NeurogesX or any third party. No use of any Trademark may be made without our prior written authorization.

User Responsibility

Each person assumes full responsibility and all risks arising from use of the Site. IN NO EVENT SHALL ANY OF NEUROGESX, OUR AFFILIATES, PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, 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 OR USE OF THE SITE, REGARDLESS OF WHETHER NEUROGESX OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses that may infect your computer equipment. IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. Without limiting the foregoing, everything on the Site is provided to you "AS IS" AND NEUROGESX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE. NEUROGESX HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEUROGESX MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NEUROGESX, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE.

Proprietary Information

Any communication or material that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary information, and NeurogesX shall have no obligation of any kind with respect to such information. NeurogesX and any of our affiliates or partners may use such information for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates and partners shall be free to use such information, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information.

Links to other Web sites

Without the prior written permission of NeurogesX, you may not frame or scrape any of the content on the site nor incorporate into another website
or other service any intellectual property of NeurogesX.

Links To NeurogesX Website. Links to this Site from other sites must comply with the guidelines set forth by NeurogesX and should be text-only and may not include the NeurogesX logo or other intellectual property. We strictly prohibit any suggestions of NeurogesX endorsement or recommendation of a specific company, product, or service.

Links From NeurogesX Website. This Site may include links to other sites. These links are provided solely for purposes of convenience. NeurogesX
is not responsible for the content or accuracy of information contained on other sites or other sites privacy practices. NeurogesX is not liable for any damages or injury arising from content contained on other sites. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You release NeurogesX and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.

Jurisdiction

This Site and its contents are intended for use by U.S. residents only and subject to all applicable laws of the United States, and in particular, the state of Delaware. Use of this Site implies and is subject to the consent to the laws of the United States and in the jurisdiction of the courts in the state of Delaware.

Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.

You further agree that any claim related to this Site must be filed within one year after it arises.

Forward-Looking Statements

This Site contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.

Reservation of Rights

NeurogesX reserves the right to alter or delete material from this Site at any time without notice. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms of Use at any time, and your use of the Site indicates your acceptance of any revisions to these terms.

NeurogesX failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms of Use.

NeurogesX may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without NeurogesX written consent. Nothing in these Terms of Use provides any third party with any remedy, claim, or cause of action.

Dispute Resolution

Visitors must contact NeurogesX to resolve any disputes that arise from use of this Site.