TERMS OF USE

Web Site Terms of Use and Legal Restrictions

PLEASE READ THESE "TERMS OF USE" CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. OPEXA MAY CHANGE ANY OR ALL OF THESE TERMS WITHOUT NOTICE.

As used on this web site, "Opexa," "Opexa Therapeutics," and "the Company" refer to Opexa Therapeutics Inc.

Acceptance of Terms of Use

These terms constitute a legal agreement between you and Opexa governing your use of this web site and the materials contained herein. Your use of this web site indicates your acknowledgement that you have read, understood and agree to be bound by these terms and comply with all applicable laws and regulations. The material provided on this web site is protected by law, including, but not limited to, United States copyright law and international treaties.

This web site is controlled and operated by Opexa from its office located within the United States. Opexa makes no representation that materials in the web site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this web site or the information and materials contained herein is governed by the laws of the state of Texas, without giving effect to its conflict of laws provisions.

Use Restrictions

The copyright in all material provided on this web site is held by Opexa or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Opexa or the copyright owner.

Subject to the terms and conditions of this agreement, Opexa grants you a non-exclusive, non-transferable, limited right to access, use and display this web site and its content for personal, non-commercial use only and subject to the conditions that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. You agree not to interrupt or attempt to interrupt the operation of this web site in any way.

Upon termination of the permission granted hereby, you will immediately destroy any downloaded and printed materials. You also may not, without Opexa's permission, "mirror" any material contained on this web site on any other server. You agree to abide by all additional restrictions displayed on the web site as it may be updated from time to time. Except as expressly provided herein, Opexa does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. Any unauthorized use of any material contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Nothing on this web site constitutes or is intended to constitute an invitation or offer to invest in the securities of Opexa.

Trademarks

Opexa® is a registered service mark and Tovaxin® is a registered trademark of Opexa Therapeutics, Inc. All other trademarks are the property of their respective owners. Nothing on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the web site, without the written permission of the trademark owner. Opexa aggressively enforces its intellectual property rights to the fullest extent of the law. No trademarks of Opexa may be used in any way, including in advertising or publicity pertaining to distribution of materials on this web site, without prior, written permission. Opexa prohibits use of the Opexa logo as a "hot" link to any Opexa site unless establishment of such a link is approved in advance by Opexa in writing.

Forward-Looking Statements

Statements contained in this website, other than statements of historical fact, constitute “forward-looking statements.” The words “expects,” “believes,” “anticipates,” “estimates,” “may,” “could,” “intends,” and similar expressions are intended to identify forward-looking statements. These forward-looking statements do not constitute guarantees of future performance. Investors are cautioned that statements which are not strictly historical statements, including, without limitation, statements regarding current or future financial payments, returns, royalties, performance and position, management’s strategy, plans and objectives for future operations, plans and objectives for product development, plans and objectives for present and future clinical trials and results of such trials, plans and objectives for regulatory approval, litigation, intellectual property, product development, manufacturing plans and performance, and management’s initiatives and strategies, constitute forward-looking statements. Such forward-looking statements are subject to a number of risks and uncertainties that could cause actual results to differ materially from those anticipated, including, without limitation, risks associated with: market conditions, Opexa’s capital position, the ability of Opexa to enter into and benefit from a partnering arrangement for Opexa’s product candidate, Tovaxin®, on reasonably satisfactory terms (if at all), Opexa’s dependence (if partnered) on the resources and abilities of any partner for the further development of Tovaxin, Opexa’s ability to compete with larger, better financed pharmaceutical and biotechnology companies, new approaches to the treatment of diseases Opexa targets, Opexa’s expectation of incurring continued losses, Opexa’s uncertainty of developing a marketable product, Opexa’s ability to raise additional capital to continue its development programs, the success of Opexa’s clinical trials, Opexa’s ability to develop and commercialize products, Opexa’s ability to obtain required regulatory approvals, Opexa’s compliance with Food and Drug Administration regulations, Opexa’s ability to obtain, maintain and protect intellectual property rights (including for Tovaxin), the risk of litigation regarding Opexa’s intellectual property rights, the success of third party development and commercialization efforts with respect to products covered by intellectual property rights transferred by Opexa, Opexa’s limited manufacturing capabilities, Opexa’s dependence on third-party manufacturers, Opexa’s ability to hire and retain skilled personnel, Opexa’s volatile stock price, and other risks detailed in Opexa’s filings with the Securities and Exchange Commission. These forward-looking statements speak only as of the date made. Opexa assumes no obligation or undertaking to update or revise any forward-looking statements to reflect any changes in expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based. You should, however, review additional disclosures Opexa makes in the reports filed with the Securities and Exchange Commission.

Updates

The information contained in this web site was current as of the date such information was posted. The information contained in each press release included in this web site was current as of the date of that press release. Opexa intends to provide updates to information on this web site, as appropriate. In advance of such updates, please send inquiries about the existence of more current, publicly available information on a particular subject to info@opexa.com.

We will do our best to respond to all inquiries, but cannot guarantee that we will be able to provide a timely answer to any particular inquiry.

No Advice Provided

Opexa does not intend for you to consider any of the information contained or referenced in this web site to be a solicitation or promotion for any product or drug candidate or as medical advice for the treatment of any illness or disease, and you should not use it for these purposes. You should consult with 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 healthcare product.

Disclaimer of Warranty

THIS WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY STATEMENTS OR INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, OPEXA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. OPEXA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. OPEXA RESERVES THE RIGHT TO MAKE CHANGES TO THE CONTENT OF THE WEB SITE AND ANY PRODUCTS, PROGRAMS OR SERVICES DESCRIBED IN THE WEB SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OPEXA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR ANY LINKED WEB SITE, EVEN IF OPEXA OR AN OPEXA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

Transmissions to This Web Site

Any "personal information" you voluntarily provide to Opexa via this web site is protected by the Privacy Policy associated with this web site. Opexa does not want you to, and you should not, send any confidential or proprietary information to Opexa via this web site. Any materials, information or ideas you transmit to or post on this web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Opexa or its affiliates for any purpose whatsoever, including, but not limited to, the research, development, manufacture and marketing of pharmaceutical products. To the extent that the foregoing provisions conflict with the terms of a written agreement between you and Opexa, the terms of such agreement will control. You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Third Party Links

This web site may contain hyperlinks to certain third party web sites. Opexa does not maintain or control such third party sites and any hyperlinks are provided solely as a convenience to you. By providing these links, Opexa is not endorsing, adopting or agreeing with any of the content of the linked sites, or implying that Opexa is affiliated with or legally authorized to use any trademark, trade name, logo or copyright symbol displayed or assessable through the links, or that any linked web site is authorized to use any trademark, trade name, logo or copyright symbol belonging to Opexa. The content of linked web sites is not part of this web site. Opexa does not review or control the content of third party sites. Opexa expressly disclaims any responsibility for the content of any third party sites linked to this web site. Opexa urges you to use discretion when you access any third party sites linked to this web site. You are responsible to take all protective measures to guard against viruses or other destructive elements.

Entire Agreement

These Terms of Use and any other notices and policies contained in this web site constitute the entire agreement between Opexa and you with respect to your use of this web site and the content of this web site. Any cause of action you may have with respect to your use of this web site or the content must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Revisions to Terms of Use

Opexa may at any time revise these Terms of Use by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. These Terms of Use were last revised on April 23, 2010.