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1.
INTRODUCTION
Welcome to www.acorda.com (the "Site"), which is owned and operated by Acorda
Therapeutics, Inc. ("Acorda" or "we"). Acorda provides the Site and the
information and services offered on the Site to you, subject to the following
Terms of Use (the "Terms"). The Site is available only for your personal,
non-commercial use. By using the Site, you agree to be bound by the Terms.
Acorda may, in its sole discretion, modify the Terms without notice to you.
Therefore, please continue to review the Terms when using the Site. By
continuing to access and use the Site after the Terms have been modified, you
are agreeing to such modifications. In addition, when using particular Acorda
services or features on the Site, you shall be subject to any posted guidelines
or rules applicable to such services or features that may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into the
Terms.
2. DESCRIPTION OF SERVICE
The Site provides information about Acorda and our efforts to develop
therapeutic products for spinal cord injury and other central nervous system
disorders, including information about our research initiatives, clinical trials
of products that we have developed and our network of scientific advisors, as
well as information about spinal cord injury, multiple sclerosis and related
central nervous system disorders. The Site and the information, features and
services available on the Site may be referred to herein collectively as the
"Service". Unless explicitly stated otherwise, any new features or services that
augment or enhance the Service in the future shall be considered part of the
Service and subject to the Terms.
3. INFORMATION YOU PROVIDE TO US
You may be required to provide certain information to us in order to take
advantage of certain features offered on the Site (for example, to join our
email distribution list or to request that we send you our information kit). If
you choose to provide information on the Site, you agree to provide true,
accurate, current and complete information about yourself as prompted by the
Site. Any personal and other information you provide to Acorda is subject to our
Privacy Policy.
4.
INFORMATIONAL PURPOSES ONLY; NO MEDICAL ADVICE;
NO INVESTMENT ADVICE
The Service is provided for informational purposes
only. Acorda shall not be 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 Service.
Acorda shall not be responsible or liable for any decisions made
in reliance on such information.
In particular, the information and other Content contained on the Site should
never be used as a substitute for the advice provided by your physician or other
health care provider. You should 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.
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 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.
5. THIRD PARTY WEBSITES
The Service 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 Service, including payment
and delivery of goods or services, 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 Service.
6. 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 considered the sole and exclusive
property of Acorda. Acorda shall have 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.
7. MODIFICATIONS TO SERVICE; TERMINATION
Acorda reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Acorda shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
Acorda reserves the right, at its sole discretion, immediately and without
notice to suspend or terminate the Terms and/or your ability to access the Site,
for any reason including any breach by you of the Terms or conduct by you that
Acorda determines to be inappropriate.
8. ACORDA'S PROPRIETARY RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection with the Service
(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 by Acorda, you agree not to
display, publish, reproduce, transmit, distribute, post, modify, adapt, rent, lease, sell or
otherwise use the Software, the Service or any Content contained thereon, in whole or
in part without our prior permission. However, you may download Content for your own
personal, non-commercial use, provided that you agree to abide by any copyright
notice or other restrictions contained in or pertaining to such Content and provided
that you 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
& 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.
Acorda will enforce its intellectual property rights to the fullest extent of
the law.
9. JURISDICTIONAL ISSUES
Please note that,
if and when they become available, the pharmaceutical products referred to
on the Site will be available in the United States. They may
not be available in other countries. 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 information and other Content contained 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 local laws, if and to the
extent 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 the user of the Site resides.
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.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION OR
OTHER CONTENT OFFERED ON THE SERVICE, 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 ON OR ACCESSIBLE THROUGH
THE SERVICE. ANY DOWNLOADING, RELIANCE ON OR USE OF SUCH CONTENT SHALL BE AT
YOUR SOLE RISK. ACORDA MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL
BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACORDA SHALL NOT BE 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
SERVICE, EVEN IF ACORDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. 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.
11. 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.
12. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the Terms or other matters by displaying
notices or links to notices to you generally on the Service.
13. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Acorda and govern
your use of the Service, superceding any prior agreements between you and
Acorda. 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. The Terms and the relationship between you and Acorda shall be
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, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms shall remain in full force and effect.
14. 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 info@acorda.com.
© 2004 Acorda Therapeutics, Inc. All rights reserved.
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