Terms of Use

By accessing information or materials on our website you acknowledge certain of our intellectual property rights and agree, without limitation or qualification, to be bound by the following terms and conditions that supersede any other agreement between you and Heron Therapeutics, Inc. covering Heron Therapeutics, Inc.’s website or the contents of the website. We reserve the right to change these Terms of Use from time to time at our discretion and without notice and such changes shall become effective when posted on the website.

The product information provided on our website is intended for residents of the United States.

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE (WWW.HERONTX.COM), YOU INDICATE THAT YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Limited License

All contents on our website, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, the “Site Content”) and all intellectual property rights therein, are owned, controlled, or licensed by Heron Therapeutics, Inc., its affiliates or partners or other individuals or organizations and are protected by copyright laws. We authorize you to view and make a reasonable number of copies of materials made available by us on the public portions of our website provided that such material is used solely for non-commercial, personal and informational purposes. You may not publicly distribute information or materials made available on the website and no use of the website or the information therein is authorized other than the use expressly described in these Terms of Use. Any copies of material on the website that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of Heron Therapeutics, Inc. or any third party. No other use of the information is authorized without the express written permission of Heron Therapeutics, Inc. or the copyright owner. All other rights reserved.

User-Provided Ideas

Heron Therapeutics, Inc. does not accept or consider unsolicited ideas submitted through or in connection with the website. Notwithstanding the foregoing, you agree that any feedback, information, suggestions, ideas or materials (e.g., text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips, etc.) you submit through or in connection with this website (each, an “idea”) will not be subject to any use or disclosure restrictions and will be considered non-confidential by us. By providing ideas to us you agree that we shall have, at no charge, a non-exclusive, transferable, royalty free, perpetual, irrevocable, worldwide right and license to reproduce distribute, display, perform and create derivative works of such ideas and to use, make, offer for sale, sell and import products containing or based on such ideas. We shall be free to use and disseminate such ideas on an unrestricted basis for any purpose. In addition, we do not control ideas posted or otherwise transmitted via this website by others and we do not guarantee the accuracy, integrity, or quality of such ideas. Any communications you send to this website or otherwise to Heron Therapeutics, Inc. by electronic mail, with the exception of personally identifiable information as defined in the Internet Privacy Statement, shall be deemed to be non-confidential.

Privacy

Our policies concerning the use of your personal information are set forth in the Internet Privacy Statement on this website and incorporated by reference herein. By using this website or the services provided by or through this website (“services”), you agree to waive and release Heron Therapeutics, Inc. from any claim or liability in connection with the collection, use, or disclosure of information consistent with the Internet Privacy Statement.

Medical Advice

The Site Content is provided for informational purposes only and should not be construed as medical, legal, financial, investment, or other professional advice or opinion. We do not offer personalized medical advice or patient-specific treatment advice. Only your doctor or other healthcare professional can determine if a product described on this website is appropriate for you. Use of this website is not a substitute for a call or visit to, or consultation with, your physician or a healthcare professional. You should not rely on this website or any other service offered by or through this website for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN OR HEARD ON THIS WEBSITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS WEBSITE.

Disclaimer

The Site Content is for your general education only and is not intended to provide advice or guidance or to be used for any commercial purpose. The Site Content may be out of date or include omissions or other errors. In particular, we may not update our website on a daily or other regular basis. We may update or otherwise change the Site Content at any time without notice. The identification or description of products or services of Heron Therapeutics, Inc. or third parties on the website is for informational purposes only and does not constitute a representation, warranty, guarantee, endorsement or recommendation of such products and services. All Site Content is provided “AS IS” and “AS AVAILABLE” without warranty of any kind. To the maximum extent permitted by law, Heron Therapeutics, Inc. and its affiliates and partners disclaim all warranties, express or implied, regarding the website and the Site Content therein, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights.

We make no warranty that this website will meet your requirements; that this website will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that this website is free of viruses or other harmful components. We make no warranty regarding any goods or services purchased or obtained through this website or any transactions entered into through this website. You assume the entire risk as to the results and performance of this website and any goods or services purchased therefrom.

Limitation of Liability

Heron Therapeutics, Inc. its directors, officers, employees, affiliates, agents, representatives, consultants and business partners shall not be liable for any direct, indirect, special, punitive, consequential or incidental damages (including without limitation those arising from lost profits, lost data or business interruption) arising from or related to use, inability to use, or the result of use of the website or the materials, information or hyperlinks contained therein, or on any other hyperlinked website, whether based on warranty, contact, tort or any other legal theory, even if Heron Therapeutics, Inc. its directors, officers, employees, affiliates, agents, representatives, consultants or business partners have been expressly advised of the possibility of such damages. You agree to hold Heron Therapeutics, Inc., its directors, officers, employees, affiliates, agents, representatives, consultants and business partners harmless from and against any claims or actions based upon or related to the use of our website or any hyperlinked website or based on any reliance upon the information contained therein. Applicable law may not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

Use of this Website

You agree not to do any of the following while visiting or using this website or any services provided by or through this website:

• Impersonate or misrepresent your affiliation with any person or entity;
• Except as expressly permitted by the rules of this website, post or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation on this website or through the services;
• Post or transmit any information or material that is defamatory, offensive, indecent, obscene, or unlawful;
• Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful components;
• Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
• Access or use password protected, secure or non-public areas of this website without authorization; or
• Frame, repackage, or otherwise re-distribute any portion of this website.

Heron Therapeutics, Inc. may, at its sole discretion, take any action we deem necessary, including, but not limited to, termination of access to this website, if we believes a user’s conduct or content fails to conform to the terms and conditions provided in these Terms of Use or may create liability for Heron Therapeutics, Inc., its affiliates, partners, suppliers or other users. Heron Therapeutics, Inc. will not be liable to you or any third party as a result of such termination and modification. The terms and conditions provided in the Terms of Use will survive any such termination and modification.

Forward-Looking Statements

This website contains forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995, including without limitation, statements related to: the degree of commercial success of SUSTOL^®, CINVANTI^®, ZYNRELEF™, and any other product candidates that we commercialize; the scope, rate of progress, results and costs of preclinical testing and clinical trials; the timing and cost to manufacture our products; the number and characteristics of product development programs we pursue and the pace of each program, including the timing of clinical trials; the time, cost and outcome involved in seeking other regulatory approvals; scientific progress in our research and development programs; the magnitude and scope of our research and development programs; our ability to establish and maintain strategic collaborations or partnerships for research, development, clinical testing, manufacturing and marketing of our products and product candidates; the cost and timing of establishing sales, marketing and distribution capabilities if we commercialize products independently; the cost of establishing clinical and commercial supplies of our product candidates and any products that we may develop; general market conditions; the degree of commercial success of the continued development and clinical, therapeutic and commercial potential of, and opportunities, for ZYNRELEF; the timing of the commercial launch of ZYNRELEF; the potential market opportunity for ZYNRELEF in the US and Europe; the timing and results of studies for the HTX-034 and HTX-019 development programs; the full-year 2021 net product sales guidance for the oncology care franchise; the expected future balances of Heron’s cash, cash equivalents and short-term investments; the expected duration over which Heron’s cash, cash equivalents and short-term investments balances will fund its operations; the extent of the impact of the ongoing COVID-19 pandemic on our business; the continued development and clinical, therapeutic and commercial potential of, and opportunities, for Heron Therapeutics, Inc.’s partnered compounds and programs; future periods; future events; and future operating and financial plans and performance; and other risks and uncertainties identified in the Company’s filings with the U.S. Securities and Exchange Commission. Forward-looking statements reflect our analysis only on their stated date, and Heron takes no obligation to update or revise these statements except as may be required by law. Any statements contained in this website that are not statements of historical fact may be deemed to be forward-looking statements. Words such as “anticipates,” “believes,” “continue,” “demonstrate,” “estimates,” “expects,” “forecast,” “goal,” “intends,” “may,” “objective,” “outlook,” “plans,” “potential,” “should,” “will” and similar expressions are intended to identify forward-looking statements. These forward-looking statements are based upon Heron Therapeutics, Inc.’s current plans, assumptions, beliefs and expectations. Forward-looking statements involve risks and uncertainties. Heron Therapeutics, Inc.’s actual results and the timing of events could differ materially from those anticipated in such forward-looking statements as a result of these risks and uncertainties. These and other risk factors are discussed under “Risk Factors” and elsewhere in Heron Therapeutics, Inc.’s periodic reports filed with the Securities and Exchange Commission (SEC), including Heron Therapeutics, Inc.’s most recent Annual Report on Form 10-K and subsequent Quarterly Reports on Form 10-Q, and Heron Therapeutics, Inc.’s other filings with the SEC. Heron Therapeutics, Inc. expressly disclaims any duty, obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained in this website to reflect any change in Heron Therapeutics, Inc.’s expectations with regard thereto or any change in events, conditions or circumstances on which any such statements are based.

Hyperlinks

Our website may contain hyperlinks to websites owned or controlled by parties other than Heron Therapeutics, Inc. Access to any such website is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such websites and we do not make any representations or warranties about them. Third party linked websites and their contents should not be attributed to Heron Therapeutics, Inc. in any manner. We provide these hyperlinks merely as a convenience and the inclusion of such hyperlinks does not imply an endorsement of any product, service, individual, or entity.

Governing Law and Jurisdiction

We reserve our right to any remedy available at law or equity in the event of your breach of these Terms of Use. All matters arising from or related to these Terms of Use and your access to, or use of, the website shall be governed by U.S. federal law. You agree that you will bring any legal action or proceeding arising from or relating to your access to, or use of, the website exclusively in a state court in San Diego County, California or in a US district court for the Southern District of California located in San Diego County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, such courts in any such legal action or proceeding.

Reservation

Any rights not expressly granted in our website are reserved to us. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Trademark Information

Heron Therapeutics^®, the Heron Therapeutics, Inc. logo, SUSTOL^®, CINVANTI^®, ZYNRELEF™ and Biochronomer^® (collectively, “Heron’s Marks”) are registered trademarks of Heron Therapeutics, Inc. Any use of Heron’s Marks except as permitted herein is prohibited and may be in violation of trademark law and other laws. Heron’s Marks and all other trademarks, logos, trade names, trade dress, service marks and products of Heron Therapeutics, Inc. (collectively with Heron’s Marks, “Marks”) displayed on our website are the property of Heron Therapeutics, Inc. or third parties, are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Heron Therapeutics, Inc. These Marks may not be used in whole or in part without the prior written permission of such owners.

This Website is for US Audiences Only

Access to and use of this website is subject to the above Terms of Use. This website was developed and is maintained by Heron Therapeutics, Inc. This information is intended only for residents of the United States.