Terms of Use

These Terms of Use describe the terms and conditions applicable to your use of portola.com and any of the other websites and online services that link to these Terms of Use (the “Sites”) operated by Portola Pharmaceuticals, Inc. (“Portola,” “we,” “our,” “us”), and to your use of the information, materials, products, and services available through the Sites. The Portola Pharmaceuticals Sites are copyrighted work belonging to Portola Pharmaceuticals, Inc. Portola grants you the right to use the Sites subject to the terms and conditions of use (“Terms of Use”) set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITES.

The information provided on the Sites is for general information and educational purposes. Certain sections of the Sites are intended for particular audiences, including Portola’s customers and shareholders, potential employees, healthcare professionals, and members of the general public. The content of the Sites is not intended to provide medical advice. Users should not rely on the materials on the Sites in deciding on a treatment plan, drug usage, or any other medical advice. If you are not a healthcare professional or if you are in need of medical services, please contact a physician or other medical provider.

  1. LICENSE. Portola owns and operates the Sites. The documents and other information and content available on the Sites (the “Site Content”) are protected by copyright laws throughout the world. Portola grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, current or potential business partner, or current or potential investor of Portola. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Portola and its suppliers reserve all rights not granted in these Terms of Use.
  2. INTELLECTUAL PROPERTY. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound, music, artwork, and computer code (collectively, “Content”), including by not limited to the design, structure, selection, coordination, expression, and arrangement of such Content contained on the Sites is owned, controlled, or licensed by or to Portola, and is protected by U.S. trade dress, copyright and other laws, and other international conventions and laws. Except as expressly provided in these Terms, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Sites or a portion thereof without the prior written permission of Portola. You are only authorized to view, use, copy for your records, and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) on the Sites for your informational, non-commercial use, provided that you leave all copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer, or distribute a significant portion of the Content on the Sites, or the design or layout of the Sites, or individual sections of it, in any form or media. You may not access, retrieve any data from, or otherwise perform any other activities on or through the Sites using any type of software or other automated process (including without limitation scripts, robots, scrapers, crawlers, or spiders). The commercial use, reproduction, transmission, or distribution of any information, software, or other material available through the Sites without the prior written consent of Portola is strictly prohibited. Portola Pharmaceuticals and other related graphics, logos, service marks, and trade names used on the Sites are the trademarks of Portola and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Sites are the property of their respective owners.
  3. MODIFICATION. Portola reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Sites or any part thereof with or without notice. Portola may, at any time, make changes to the Sites and the information, materials, products, and services available through the Sites. Any modifications will take effect when posted and, if you have created an online account through the Sites, by directly communicating the modifications to you. Your continued use of the Sites constitutes your agreement to the Terms of Use effective at the time of your use. You agree that Portola 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 Sites. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Sites.
  4. FEEDBACK. Portola will treat any feedback or suggestions you provide to Portola as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Portola to the contrary, you agree that you will not submit to Portola any information or ideas that you consider to be confidential or proprietary.
  5. MAILINGS. By submitting your contact information and any other personal information through the Sites, you hereby authorize Portola to use and disclose this information, including for the purposes of sending periodic mailings to you about Portola products, services, and news. These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Site Content).
  6. PRIVACY, CONDUCT & CONTENT.  We are committed to protecting your privacy and security and have explained the steps we take to do so in the Portola’s internet Privacy Policy which is incorporated herein by reference. You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Sites. Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this before emailing any information to us.  You agree not to submit or transmit any materials or emails through the Sites that (i) are defamatory, threatening, obscene or harassing; (ii) contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of the Sites or of any Portola’s system or server connected to the Sites; (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission; or (iv) otherwise violate any applicable laws. Portola shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
  7. THIRD PARTY LINKS. The Sites may contain links to other web sites operated by third parties. Such third party web sites are not under the control of Portola. Portola is not responsible for the content of any third party web site or any link contained in a third party web site. Portola provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.
  8. WARRANTY DISCLAIMER. PORTOLA IS PROVIDING THE SITES AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. PORTOLA 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. PORTOLA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITES. INFORMATION AT THESE SITES MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THE SITE AND MAY CONTAIN ERRORS.
  9. LIMITATION OF LIABILITY. IN NO EVENT SHALL PORTOLA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PORTOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. PORTOLA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITES, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).
  10. INDEMNIFICATION.  YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PORTOLA, AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, LICENSORS, OR OTHER PARTNERS AND EMPLOYEES, FROM AND AGAINST ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY CONTENT THAT YOU SUBMIT OR TRANSMIT TO OR THROUGH THE SITES, YOUR USE OF THE SITES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
  11. 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. You may have other agreements with Portola. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise, or amend the terms of any other agreements you may have with Portola. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using these Sites, you hereby expressly consent to the personal jurisdiction and venue in the state courts located in San Mateo County, California or federal courts located in San Francisco County, California for any lawsuit filed there against you by Portola arising from or related to these Terms of Use.
  12. TWITTER GUIDELINES.
    In an effort to harness the power of social media to share information with our various stakeholders, we have joined Twitter and can be followed at our corporate account: @Portola_Pharma. Given the legal and regulatory standards unique to the healthcare industry and publicly traded companies, we’ve developed the following guidelines and disclaimers to explain how we use this social media channel.

    Guidelines:

    • We look forward to your mentions, retweets and replies. We will do our best to reply to your questions, but we cannot guarantee a response and reserve the right to use our judgment in selecting the messages we respond to. For example, we may not respond to inflammatory or disrespectful comments, or posts using foul language.
    • There may be times when we cannot engage in specific discussions, particularly when questions or comments relate to financial, legal, medical, confidential or regulatory issues.

    Disclaimers:

    • The posting and presence of content on Twitter and on this site does not necessarily mean that Portola Pharmaceuticals agrees with the content, ensures its accuracy or otherwise approves of it. Nothing in any Twitter page constitutes a binding representation or agreement on the part of Portola Pharmaceuticals.
    • Portola Pharmaceuticals does not endorse any comments or products of its followers or of any Twitter accounts it follows. The same applies to re-tweeting messages posted on accounts that Portola Pharmaceuticals does not own, or marking them as “favorites”.
    • We may provide links or references to external websites within our tweets as a convenience to users; however, Portola Pharmaceuticals claims no responsibility for the operation or content of these linked or referenced websites and is not liable for any damages or injury arising from those websites or any content on these websites.
    • Portola Pharmaceuticals reserves all rights relating to its use of the Portola Pharmaceuticals Twitter account, including, but not limited to, modifying or discontinuing the content of the account or the account in full, rejecting Twitter followers and responding to any questions or comments.
    • Any information relating to various medical conditions and their treatment is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use such information for diagnosing a health or fitness problem or disease and should consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
    • Please review Twitter’s terms of use carefully.
  13. FORWARD LOOKING STATEMENTS.  The Sites contain forward-looking statements. In some cases you can identify these statements by forward-looking words, such as “believe,” “may,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “could,” “would,” “project,” “plan,” “potential,” “seek,” “expect,” “goal” or the negative or plural of these words or similar expressions. These forward-looking statements include, but are not limited to, statements concerning the following:
    • our estimates and projections for the development of our product candidates, including clinical research and trials, regulatory approvals, manufacturing and commercial launches, both in the U.S. and abroad;
    • our discussion of perceived and projected competitive advantages of our product candidates;
    • the projected patient populations and commercial markets targeted by our product candidates;
    • our ability to obtain and maintain intellectual property protection for our products;
    • our estimates of our expenses, ongoing losses, future revenue, capital requirements and our needs for or ability to obtain additional financing;
    • our ability to identify, develop, acquire and in-license new products and product candidates;
    • our ability to successfully establish and successfully maintain appropriate collaborations and derive significant revenue from those collaborations;
    • our financial performance; and
    • developments and projections relating to our competitors or our industry.

    These forward-looking statements are subject to a number of risks, uncertainties and assumptions. Moreover, we operate in a very competitive and rapidly changing environment. New risks emerge from time to time. It is not possible for our management to predict all risks, nor can we assess the impact of all factors on our business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in any forward-looking statements we may make. In light of these risks, uncertainties and assumptions, the forward-looking events and circumstances discussed in the Sites may not occur and actual results could differ materially and adversely from those anticipated or implied in the forward-looking statements.

    You should not rely upon forward-looking statements as predictions of future events. Although we believe that the expectations reflected in the forward-looking statements are reasonable, we cannot guarantee that the future results, levels of activity, performance or events and circumstances reflected in the forward-looking statements will be achieved or occur. Moreover, except as required by law, neither we nor any other person assumes responsibility for the accuracy and completeness of the forward-looking statements. We undertake no obligation to update publicly any forward-looking statements for any reason to conform these statements to actual results or to changes in our expectations.

    You should read our Annual Report and most recent Quarterly Reports that we have filed with the Securities and Exchange Commission for a more complete description of the risks and uncertainties which apply to our business and forward-looking statements.

  14. CONTACT INFORMATION. If you have any questions about the foregoing, please contact us at the following e-mail address: privacy@portola.com. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Last updated: March 4, 2016