THE INFORMATION ON WWW.ACORDA.COM IS BEING PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS INTENDED TO BE USED BY RESIDENTS OF THE UNITED STATES ONLY.
DESCRIPTION OF THE SITE The Site provides information about Acorda and our efforts to identify, develop and commercialization of novel therapies that improve neurological function in people with multiple sclerosis (“MS”), spinal cord injury (“SCI”) and other disorders of the central nervous system (“CNS”). Unless explicitly stated otherwise, any new features or services that augment or enhance the Site in the future shall be considered part of the Site and subject to the Terms.
INFORMATIONAL PURPOSES ONLY; NO MEDICAL ADVICE; NO INVESTMENT ADVICE The Site is provided for informational purposes only. Acorda is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the “Content”) transmitted or made available via the Site. Acorda is not responsible or liable for any decisions you may make in reliance on the Content.
In particular, the Content contained on the Site should never be considered to be or used as a substitute for the advice provided by your physician or other health care provider. Do not use or rely on this information or other Content to diagnose or treat a disease or health problem. You should instead always consult your physician or other health care provider for such medical advice or services.
This Site may contain forward-looking statements that are subject to risks and uncertainties that might cause actual results to differ. These statements reflect beliefs of management that were current at the time they were made and were based on numerous assumptions which Acorda cannot control and which may not develop as Acorda expects. These risks are detailed in Acorda’s filing with the Securities Exchange Commission (SEC). With respect to any financial or investment information regarding Acorda provided on the Site, such information is provided for informational purposes only and is not intended to be as investment advice. Such information is provided on a “let the investor beware” basis, meaning that you assume all risk for any investment, trading or other decisions you make based on such information. We advise that you consult a stock broker or other authorized financial advisor or representative before making any investment or other financial decisions. Nothing on the Site constitutes or is intended to be an invitation or offer to invest or deal in the securities of Acorda.
THIRD PARTY WEBSITES The Site may provide links to websites or resources outside of the Site. Because Acorda has no control over external sites and resources, you acknowledge and agree that Acorda is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources.
Your correspondence or business dealings with, or participation in promotions of, any websites that you find or link to through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that Acorda shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Site. You will be notified when you are about to link to a site other than www.acorda.com.
SUBMISSIONS If you submit any questions, comments, suggestions, information, ideas, concepts, graphics or other materials to Acorda, whether oral, written or electronic (collectively, “Submissions”), no confidential or other relationship shall be established between you and Acorda. Your submissions shall be considered non-confidential and shall be the sole and exclusive property of Acorda. Acorda has the right to publish, reproduce, modify, adapt, distribute, transmit to others and otherwise use any submissions for any purpose whatsoever (including, but not limited to, research, development, manufacture, advertising or sale of any products or ingredients incorporating or relying on such submissions), in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
MODIFICATIONS TO SITE; TERMINATION Acorda reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Acorda is not liable to you or to any third party for any modification, suspension or discontinuance of the Site. Acorda reserves the right, in its sole discretion, immediately and without notice to suspend or terminate the Terms and/or your ability to access the Site.
ACORDA’S PROPRIETARY RIGHTS You acknowledge and agree that the Site and any necessary software used in connection with the Site (the “Software”) contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized in writing by an authorized representative of Acorda, you agree not to display, publish, reproduce, transmit, distribute, post, modify, adapt, rent, lease, sell or otherwise use the Software or any Content contained therein or on the Site, in whole or in part. You may download Content for your own personal, non-commercial use, and by downloading the Content, you agree to abide by these Terms and any copyright notice or other restrictions contained in or pertaining to such Content. You must keep intact any author attribution, copyright or trademark notice in any such Content that you download. You may not use such downloaded Content for any commercial purpose. Modification of the Content or use of the Content for any other purpose is a violation of Acorda’s copyright and other proprietary rights.
You agree that you will not challenge the ownership rights of Acorda in or to any and all trademarks, logos, service marks and/or domain names of Acorda (the “Acorda Marks”), and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the Acorda Marks. The Acorda Marks include, but are not limited to, the following: ACORDA THERAPEUTICS, ACORDA THERAPEUTICS (and design), and ACORDA.COM. In addition, all product names appearing on the Site in type form different from that of the surrounding text are Acorda Marks. Such product names include, but are not limited to, the following: ZANAFLEX CAPSULES®, and ZANAFLEX®. Acorda will enforce its intellectual property rights to the fullest extent of the law.
ZANAFLEX CAPSULES®, and ZANAFLEX® are registered trademarks of Acorda Therapeutics, Inc.
Ampyra® is a registered trademark of Acorda Therapeutics, Inc. AMPYRA® is a registered trademark of Acorda Therapeutics, Inc.
JURISDICTIONAL ISSUES Please note that, if and when they become available, the products referred to on the Site will be available in the United States, unless otherwise expressly specified. The information and other Content contained on the Site are intended for use only by persons in the United States. Acorda makes no representations that the Content or Software on the Site are appropriate for users in countries other than the United States, which countries may have different legal or regulatory requirements or restrictions regarding, or may require different indications for, the sale or use of pharmaceutical products or information. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with national and local laws, if and to the extent national and local laws are applicable. Nothing herein should be considered a solicitation, promotion or indication for any product that is not permitted by the laws or regulations of the country where you reside.
Also, please note that certain software and data files from the Site may be subject to export controls imposed by the United States government and may not be downloaded or otherwise exported to a country (or a national or resident of a country) upon which the United States government has placed an embargo. If you download or use any such software of data files, you warrant that you are not located in, or a national of, or under the control of, any such country, or a foreign citizen of such country.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SOFTWARE OR CONTENT OFFERED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACORDA MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT OR SOFTWARE ON OR ACCESSIBLE THROUGH THE SITE. ANY DOWNLOADING, RELIANCE ON OR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. ACORDA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ACORDA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF ACORDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRESENT OR FUTURE EMPLOYMENT WITH ACORDA Should you become employed with Acorda, none of the information or materials on the Site shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on the Site shall affect the employment relationships between Acorda and its current, former, or future employees.
NOTICE Notices to you may be made via either email or regular mail. You may also be provided with notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site.
GENERAL INFORMATION The Terms constitute the entire agreement between you and Acorda and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This agreement is governed by the laws of the United States and the State of New York, without regard to choice of law principles. You and Acorda agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of New York. The failure of Acorda to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you and Acorda nevertheless agree that the court should endeavor to give effect to your and Acorda’s intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
CONTACTING US If you have any questions or comments about the Terms, or if you would like to report any violations of the Terms, please contact us at email@example.com.
Updated August 12, 2010
© 2010 Acorda Therapeutics, Inc. All rights reserved.