2. DESCRIPTION OF THE SITE
The Site and the information and features available on the Site may be referred to herein collectively as the “Site.” Unless explicitly stated otherwise, any new features or services that augment or enhance the Site in the future will be considered part of the Site and subject to the Terms.
3. INFORMATION YOU PROVIDE TO US
4. 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 is intended for healthcare providers, accordingly the Content should not be considered to be or used as a substitute for the advice provided by a physician or other healthcare provider. Do not use or rely on this information or other content to diagnose or treat a disease or health problem. You should always consult a physician or other healthcare provider for such medical advice.
This website may contain forward-looking statements that are subject to risks and uncertainties that might cause actual results to differ. These risks are detailed in Acorda’s filings with the Securities and Exchange Commission.
5. 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 sites 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 sites. You agree that Acorda will 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.qutenza.com.
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 will be established between you and Acorda. Your submissions will be considered non-confidential and will 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, 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 Site (or any part thereof) without notice to you. You agree that Acorda is not liable to you 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 your ability to access the Site.
8. ACORDA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any necessary software used in connection with the Site (the “Software”) contains 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 Software or Content for your own personal, non-commercial use, and by downloading the Software or 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 Software or Content that you download. You may not use such downloaded Software or Content for any commercial purpose. Modification of the Software or Content or use of the Software or 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 copyrights, trademarks, logos, service marks and/or domain names of Acorda (the “Acorda Marks”), and you will not register or attempt to register any copyright, 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: QUTENZA®, Acorda Therapeutics® Inc., the stylized Acorda Therapeutics® Inc. logo and design, acorda.com and www.qutenza.com. Acorda will enforce its intellectual property rights to the fullest extent of the law.
9. JURISDICTIONAL ISSUES
Qutenza.com is marketed by Acorda in the United States. 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 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 or 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 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 ON OR ACCESSIBLE THROUGH 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. ANY DOWNLOADING, RELIANCE ON OR USE OF THE SITE WILL 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 SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b. 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.
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.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site.
12. 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 will 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 will remain in full force and effect.
13. 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 firstname.lastname@example.org.
© 2014 Acorda Therapeutics®, Inc. All rights reserved.
Last Modified March 20, 2014.
Qutenza® is indicated for the management of neuropathic pain associated with postherpetic neuralgia.
Treatment with Qutenza must be performed only by a healthcare provider. You should never apply or remove Qutenza yourself.
These are not all the side effects of Qutenza. You are encouraged to report negative side effects of prescription drugs to the FDA. Visit www.fda.gov/medwatch, or call 1-800-FDA-1088. For more information, ask your healthcare provider or pharmacist.
Carton with one patch + cleansing gel: NDC number #10144-928-01
Carton with two patches + cleansing gel: NDC number #10144-929-01
Qutenza is a registered trademark of Acorda Therapeutics, Inc.
ACORDA THERAPEUTICS® and the stylized ACORDA THERAPEUTICS® logo are registered trademarks of Acorda Therapeutics, Inc.
© 2014 Acorda Therapeutics, Inc. All rights reserved.