ABOUT US PRODUCT PIPELINE INVESTOR RELATIONS NEWS CAREERS


InterMune, Inc. provides the materials on its website for general informational, educational, and disease awareness purposes. Although accessible by others, the website and its content are intended strictly for access and use by U.S. residents only.

NOTHING ON THIS WEBSITE CONSTITUTES OR IS INTENDED TO CONSTITUTE AN INVITATION OR OFFER TO INVEST OR DEAL IN THE SECURITIES OF INTERMUNE.

Please carefully read these Terms and Conditions that apply to your access and to the use of the website. By accessing or using the website, you agree to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE ACCESS AND USE OF THE WEBSITE.

We reserve the right to revise these Terms and Conditions or any portion of them at any time and in any way without notice by updating this posting. Your use of this website is subject to any such revisions, and you should periodically visit this page to review the current Terms and Conditions that apply to your use of this website.

This website contains information concerning InterMune that may be useful to our customers, patients, investors, employees and stockholders as well as the general public. InterMune 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 website. Further, InterMune expressly disclaims any obligation to update or correct information contained on the website and explicitly disclaims any duty to do so. InterMune assumes no liability or responsibility for any errors or omissions in the content of the website. InterMune reserves the right to make additions, deletions or modifications to the information or materials on the website at any time and in any way without notice.

The information presented on our website 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 healthcare 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.

Except for the historical information contained herein, this website contains certain forward-looking statements that involve risks and uncertainties. The statements contained in this website that are not historical, including without limitation, statements regarding InterMune's expectations, beliefs, intentions or strategies regarding the future, are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. You can identify those statements by the fact that they contain words such as "anticipate," "believe," "estimate," "expect," "potential," "intend," "project" or other terms of similar meaning. These statements reflect beliefs of management that were current at the time they were made and were based on numerous assumptions that InterMune cannot control and that may not develop as InterMune expects. Consequently, InterMune's actual results may differ materially from those described in the forward-looking statements. All forward-looking statements and other information included in this website are based on information available to InterMune as of February 1, 2006, and InterMune assumes no obligation to update any such forward-looking statements or information. Factors that could cause or contribute to such differences include, but are not limited to, those discussed under the heading "Risk Factors" and the other risks and factors discussed in InterMune's most recent Form 10-K and other periodic filings (i.e., 8-K and 10-Q) filed with the Securities and Exchange Commission. The SEC's website is http://www.sec.gov, and our filings are contained in the SEC's Edgar archives. In sum, these significant risks include, but are not limited to, the following listing of InterMune's "Risk Factors," which are discussed in detail in our periodic filings filed with the SEC.

Risks Related to the Development of Our Products and Product Candidates

  • We may not succeed in our development efforts or in growing product revenues.
  • Clinical development is a long, expensive and uncertain process, and delay or failure can occur at any stage of any of our clinical trials.
  • We do not know whether our planned clinical trials will begin on time, or at all, or will be completed on schedule, or at all.
  • Preclinical development is a long, expensive and uncertain process, and we may terminate one or more of our current preclinical development programs.
  • We may not be able to recover our investment in our strategic non-core assets through strategic divestiture or partnering, which could harm our business and our results of operations.

Risks Related to Government Regulation and Approval of our Products and Product Candidates

  • If we have failed to comply with FDA or other government regulations prohibiting the promotion of off-label uses and the promotion of products for which marketing clearance has not been obtained, it could result in regulatory enforcement action by the FDA or other governmental authorities, which would harm our business.
  • If the FDA imposes significant restrictions or requirements related to our products for any disease or withdraws its approval of any of our products for any disease for which they have been approved, our revenues would decline.
  • If our clinical trials fail to demonstrate to the FDA and foreign regulatory authorities that any of our products or product candidates are safe and effective for the treatment of particular diseases, the FDA and foreign regulatory authorities may require us to conduct additional clinical trials or may not grant us marketing approval for such products or product candidates for those diseases.
  • The pricing and profitability of our products may be subject to control by the government and other third-party payors.
  • Our failure or alleged failure to comply with anti-kickback and false claims laws could result in civil and/or criminal sanctions and/or harm our business.

Risks Related to Manufacturing and Our Dependence on Third Parties

  • The manufacturing and manufacturing development of our products and product candidates present technological, logistical and regulatory risks, each of which may adversely affect our potential revenues.
  • Our manufacturing strategy, which relies on third-party manufacturers, exposes us to additional risks as a result of which we may lose potential revenues.
  • Our agreements with third-party manufacturers may restrict our ability to establish alternative sources of products in a timely manner or at an acceptable cost, which may cause us to be unable to meet demand for our products and to lose potential revenues.
  • We rely on third parties to conduct clinical trials for our products and product candidates, and those third parties may not perform satisfactorily.

Risks Related to Our Intellectual Property Rights

  • We may not be able to obtain, maintain and protect certain proprietary rights necessary for the development and commercialization of our products or product candidates.
  • If we breach our license agreements, we may lose our ability to develop and sell our products.
  • Over time, we will lose our ability to block others from using the intellectual property we currently own to create competing products, which may impair our ability to generate revenues.
  • Our competitors and others may have or may obtain rights that may limit or prevent us from developing and commercializing our products and product candidates.
  • Litigation or third-party claims of intellectual property infringement could require us to spend substantial time and money and could adversely affect our ability to develop and commercialize products.
  • If the owners of the intellectual property we license fail to maintain the intellectual property, we may lose our rights to develop our products or product candidates.
  • If our employees, consultants and vendors do not comply with their confidentiality agreements or our trade secrets otherwise become known, our ability to generate revenue and profits may be impaired.
  • By working with corporate partners, research collaborators and scientific advisors, we are subject to disputes over intellectual property, and our ability to obtain patent protection or protect proprietary information may be impaired.

Risks Related to Our Financial Results and Other Risks Related to Our Business

  • If physicians do not prescribe Actimmune or prescribe it less often for the treatment of IPF, our revenues will decline.
  • If we fail to obtain the capital necessary to fund our operations, we will be unable to successfully execute our business plan.
  • If we continue to incur net losses for a period longer than we anticipate, we may be unable to continue our business.
  • Failure to accurately forecast our revenues could result in additional charges for excess inventories or non-cancelable purchase obligations.
  • If product liability lawsuits are brought against us, we may incur substantial liabilities.
  • Our use of hazardous materials, chemicals, viruses and radioactive compounds exposes us to potential liabilities.
  • We face certain litigation risks that could harm our business.
  • Insurance coverage is increasingly difficult to obtain or maintain.
  • Budget or cash constraints may force us to delay our efforts to develop certain products in favor of developing others, which may prevent us from meeting our stated timetables and commercializing those products as quickly as possible.
  • Failure to attract, retain and motivate skilled personnel and cultivate key academic collaborations will delay our product development programs and our business development efforts.

Risks Related to our Common Stock

  • We may fail to meet our publicly announced revenue and/or expense projections and/or other financial guidance, which would cause our stock to decline in value.
  • Our stock price may be volatile, and an investment in our stock could decline in value.
  • If our officers, directors and certain stockholders choose to act together, they may be able to significantly influence our management and operations, acting in their own best interests and not necessarily those of other stockholders.
  • Substantial sales of shares may negatively impact the market price of our common stock.
  • We have implemented anti-takeover provisions, which could discourage, prevent or delay a takeover, even if the acquisition would be beneficial to our stockholders, or frustrate or prevent any attempts by our stockholders to replace or remove our current management or Board of Directors.

Risks Related to Our Outstanding Convertible Notes

  • Our indebtedness and debt service obligations may adversely affect our cash flow.
  • We may not have the ability to raise the funds necessary to finance any required redemptions of our outstanding convertible notes, which might constitute a default by us.

All content of this website is protected by copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the HTML or other software instructional code, contained in our website without our prior written permission except for your own personal, non-commercial purposes. Nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of InterMune or any third party. Please be advised that InterMune actively enforces its intellectual property rights to the fullest extent.

InterMuneŽ is a registered trademark of InterMune, Inc. ActimmuneŽ is a registered trademark of Genentech, Inc., licensed by InterMune, Inc.

We have provided links to certain other third-party websites merely as a convenience for users of the website. These other websites are maintained on third-party servers and are not under the control or influence of InterMune. Access to such third-party websites is at the user's own risk and InterMune is not responsible for accuracy or reliability or the information on those websites. Inclusion of such links to third-party websites does not constitute an endorsement, approval, or guarantee of the accuracy of the content of any linked websites, including any of the opinions and predictions of any financial analysts with respect to InterMune or any of its securities. We expressly disclaim any responsibility for the content of any third-party websites linked to our website. We urge you to use discretion when you access any third-party websites linked to our website.

THE CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND INTERMUNE MAKES NO REPRESENTATIONS OR WARRANTITES 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. INTERMUNE MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE OR ERROR FREE.

EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE WEBSITE. IN NO EVENT SHALL ANY OF INTERMUNE, OUR SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, 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, ACCESS OR USE OF THE WEBSITE, REGARDLESS OF WHETHER INTERMUNE OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

We do not warrant that the functions or informational materials contained in or accessed through our website are free of computer viruses or other harmful components.

InterMune assumes no responsibility or liability arising from the content of the website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the website or accessed through the website.




   © InterMune 2004  |  Terms and Conditions  |  Privacy Policy
 HOME
 CONTACT US 
 SITE MAP  
SEARCH
     built@zoomedia