Sunovion Pharmaceuticals Inc. and its U.S. subsidiaries and affiliates (together, “Sunovion” or “we”)
of our web sites (a “Site” or the “Sites”). YOUR USE OF ANY SUNOVION SITE IS SUBJECT TO THESE TERMS OF
constitute your acceptance unless you make any further access or use of our Site.
Sunovion Sites are intended for lawful use by U.S. adults only. All information provided on Sunovion
Sites is for general informational and educational purposes only. Certain sections of Sunovion Sites, or
certain Sunovion Sites, may be intended for use by healthcare professionals only. In those cases,
healthcare professionals will be asked to self-identify before proceeding to such pages or Sites.
We reserve the right at any time to without notice modify or discontinue, temporarily or permanently,
Effective” date to reflect the date of the changes. By continuing to use this or any Sunovion Site after
the posting of such changes, you are bound by any such revisions and should therefore periodically visit
Availability of the Site
Access to the Site is permitted at Sunovion’s discretion. Sunovion reserves the right to withdraw,
amend, or restrict the services we provide on this Site without notice.
Right to Alter or Remove Content. Right to Suspend Accounts.
Sunovion reserves the right to alter or delete materials from this or any Sunovion Site at any time at
its sole discretion. Sunovion reserves the right to remove any abusive, illegal, or incorrect user
postings or third party content from this or any Sunovion Site at any time at its sole discretion.
Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer
services are not considered or treated as publishers or speakers of information that is provided by
other information content providers. Sunovion reserves the right to suspend or terminate any and all
accounts you have created on a Sunovion Site for your violation of any laws, regulations, or the Terms
Medical Information Provided is Not a Substitute for Medical Advice and Attention
made available through this Site is for informational purposes only, is not a substitute for
professional medical advice or services, and does not constitute a physician-patient relationship. You
should not use the information on this Site for diagnosing or treating a medical or health condition.
You should consult a physician or other health care provider in all matters relating to your health, and
particularly in respect to any symptoms that may require diagnosis or medical attention. Any action on
your part in response to the information provided in this Site is at your discretion. Sunovion makes no
representations or warranties with respect to any information offered or provided on or through any
Sunovion Site regarding treatment, action, or application of medication.
The information included in (or accessible from) this or any Sunovion Site may contain forward-looking
statements that involve risks and uncertainties, including statements with respect to the safety,
efficacy, potential benefits, and successful development of Sunovion's pharmaceuticals under
development. Among the factors that could cause actual results to differ materially from those indicated
by such forward-looking statements are: the submission, acceptance, and approval of regulatory filings;
the results of clinical trials with respect to products under development; the scope of Sunovion's
patent protection with respect to such product candidates; the commercial success of Sunovion's
products; the ability of the company to attract and retain qualified personnel; the performance of
Sunovion's licensees; the availability of sufficient funds to continue research and development efforts;
and certain other factors that may affect future operating results and are detailed in any periodic
reports filed with the Securities and Exchange Commission.
Third Party Web Sites and Links
Certain links on Sunovion Sites may lead to sites or sources located on servers maintained by third
parties over which Sunovion has no control. If you use these links, you will leave Sunovion’s Sites.
Please remember that linked sites are not necessarily Sunovion sites and the information could change
without Sunovion's knowledge. Third party linked sites and their contents should not be attributed to
Sunovion (or any of its affiliated companies) in any manner. Sunovion has not attempted to verify the
truth or accuracy of any third party content and does not make any representations or warranties about
them. Such links are provided for your convenience only.
This Site may make chat rooms, forums, Listservs and message boards available to its users. By accessing
and using any such features, or by in any other manner sending information to Sunovion, you represent
that you are solely responsible for all the content, including, but not limited to text, photographs,
caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, “User
Content”) that you post, e-mail, or otherwise transmit via this Site. You represent by posting that your
User Content complies with all applicable laws and regulations, including, but not limited to, the
Digital Millennium Copyright Act.
Sunovion does not control User Content posted or otherwise transmitted via our Sites and does not
guarantee the accuracy, integrity, or quality of such User Content. Any communications you send to this
internet site or otherwise to us by electronic mail, with the exception of Personally Identifiable
shall have no obligation of any kind with respect to such information and shall be free to reproduce,
use, disclose, and distribute the information to others without limitation. We shall be free to use any
ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever,
including, but not limited to, developing, manufacturing and marketing products incorporating such
You will indemnify and hold harmless us, our affiliates, and each of our and their respective
directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and
against any liability of any nature arising out of related to any content or materials displayed on or
submitted via the Sites by you or by others using your username and password. You also grant us a
royalty-free, perpetual, irremovable, non-exclusive, unrestricted, worldwide license to use, copy,
modify, transmit, sell, exploit, create derivative works from, or distribute in any manner or medium the
materials you post or submit via such features. The foregoing grant includes the right to exploit any
proprietary rights in such posting or submission, including, but not limited to, rights under copyright,
trademark or patent laws that exist in any relevant jurisdiction. Notwithstanding the foregoing,
Sunovion will not seek indemnification from you from any losses, expenses, claims, damages and costs,
including reasonable attorneys’ fees, resulting from its own conduct.
If you believe that material on our Sites infringes your rights under copyright law, please inform our
designated copyright agent by sending written notice by U.S. Mail to:
Sunovion Pharmaceuticals Inc.
Attn: Customer Assistance Center
84 Waterford Drive
Marlborough, MA 01752
Or by email to: GCOffice@sunovion.com
Please include the following information in your written notice: (1) a detailed description of the
copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly
infringing material on the Site; (3) your contact information, including your address, telephone number,
and, if available, email address; (4) a statement by you indicating that you have a good-faith belief
that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a
statement by you, made under penalty of perjury, affirming that the information in your notice is
accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or
physical signature of the copyright owner or someone authorized on the owner's behalf to assert
infringement of copyright and to submit the statement.
In any case of disclosure of Personally Identifiable Information to third parties, we will endeavor to
ensure that the third party with whom we share your Personally Identifiable Information is required to
No confidential relationship shall be established in the event that any user of this Site should make
any oral, written or electronic response to Sunovion (such as feedback, questions, comments,
suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered
non-confidential, and Sunovion shall be free to reproduce, publish or otherwise use such information for
any purposes whatsoever, including, without limitation, the research, development, manufacture, use or
sale of products incorporating such information.
NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
INFORMATION ACCESSED THROUGH ANY SUNOVION SITE IS PRESENTED IN SUMMARY AND INTERACTIVE FORM AND IS NOT
EXHAUSTIVE. SUNOVION MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY, CURRENCY,
AVAILABILITY OR COMPLETENESS. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUNOVION MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR
REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES OR
REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
SUNOVION MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY
SERVICES OBTAINED THEREFROM.
In jurisdictions that do not recognize exclusion of implied warranties, the above exclusions may not
LIMITATION OF LIABILITY
SUNOVION SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM THE USE OR MISUSE OF ANY INFORMATION
PROVIDED ON OUR SITES. IN NO EVENT WILL SUNOVION, ITS SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN
MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE.
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “SUNOVION” INCLUDES NOT ONLY SUNOVION
PHARMACEUTICALS, INC. BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS , PREDECESSORS,
SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
IN NO EVENT SHALL SUNOVION BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS
OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND
REGARDLESS OF WHETHER SUNOVION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE
FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (A) TO THE BODY
OR PERSON; OR (B) CAUSED BY SUNOVION’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR
OMISSIONS. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST SUNOVION MORE THAN TWELVE (12) MONTHS AFTER THE
FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW
REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT
APPLY TO YOU. THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
You agree to indemnify, defend and hold harmless Sunovion, its officers, directors, employees,
subcontractors, and agents from and against all losses, expenses, claims, damages and costs, including
the foregoing, Sunovion will not seek indemnification from you from any losses, expenses, claims,
damages and costs, including reasonable attorneys’ fees, resulting from its own conduct.
All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text,
audio clips, and video clips (collectively, Site Content) and all intellectual property rights therein,
are owned, controlled, or licensed by Sunovion or other individuals or organizations and are protected
by worldwide copyright laws. You may use Site Content for your personal use for non-commercial purposes
but no modification or further reproduction of content is permitted. The Site Content may not otherwise
be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to
create derivative works or performances, except as provided herein, without the express written
permission of Sunovion. Please note that the unauthorized reproduction or distribution of a copyrighted
work is illegal. Criminal copyright infringement, including infringement without monetary gain, is
investigated by federal law enforcement agencies and is punishable by up to five years in prison and a
fine of $250,000.
Names, trademarks, service marks, trade names, trade dress, logos and Sunovion products appearing on
this site, including the "Sunovion" logo, are trademarks and service marks owned by Sunovion
Pharmaceuticals Inc. or its subsidiaries or affiliates or another company. These marks 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 Sunovion, except with the express written permission of
Sunovion. Nothing contained herein shall be construed as conferring, by implication, estoppel or
otherwise, any license or right under any patent or trademark of Sunovion or any third party. Except as
expressly provided above, nothing contained herein shall be construed as conferring any license or right
under any Sunovion copyright or trademark.
Sunovion is licensed to use all intellectual property in the content of this Site and reserves the
right to pursue any intellectual property infringement in the courts of the country where Sunovion
suffers damage. No license is granted to you to use any trademark of Sunovion or Affiliates. You shall
not assert any claim or ownership to any such trademarks.
Sunovion gives you permission to copy pages of Sunovion Site documents published herein on the Internet
for non-commercial use only, provided any copy of these documents that you make shall retain all
copyright and other proprietary notices and any disclaimers contained herein.
are governed by the laws of the State in which the Site user resides within the United States without
reference to choice of law doctrine. Any legal action or proceeding related to this Site shall be
brought exclusively in a federal or state court of competent jurisdiction sitting in the State in which
the Site user resides within the United States.