Last Updated: December 20, 2024
These terms of use are entered into by and between you and Acadia Pharmaceuticals, Inc., along with our affiliates, entities, and subsidiaries, including Acadia Pharmaceuticals (Canada) Inc. (collectively, “Acadia,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use” or “Terms”), govern your access to and use of any platform owned by Acadia on which these Terms of Use are posted, including www.acadia.com and https://ca.acadia.com/, and any content, functionality, and services offered on or through such platform (collectively, the “Website”). These Terms of Use constitute a legally binding agreement between you, the person or entity using the Website (“you” or “your”), and Acadia. If you are entering into these Terms on behalf of an entity, you hereby represent and warrant that you have the requisite authority to bind such entity.
These Terms of Use apply to all users of the Website. Please read these Terms of Use carefully before using our Website. By using the Website, you agree to comply with and be bound by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
1. Use of Website
Acadia’s Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. You may browse the Website and download any material displayed on the Website for non-commercial, personal use only, provided that you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website for public or commercial purposes, including the text and images, without Acadia’s written permission. Information on this Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. You may use the Website solely for lawful purposes. You may not use the Website in any manner that could damage, disable, overburden, or impair Acadia’s servers or networks or interfere with any other party's use and enjoyment of the Website. Acadia reserves the right to refuse service in its discretion, including, without limitation, if Acadia believes that a Website user’s conduct violates applicable laws or is harmful to the interests of Acadia. Acadia reserves the right to interrupt or discontinue any or all of the functionality of this Website. In the case of any violation of these Terms, Acadia reserves the right to seek all remedies available.
2. Submitted Information
No information or material provided to Acadia by you through our Website, by email, or otherwise (collectively, “Submissions”) may contain vulgar, obscene, threatening, or otherwise unlawful language or material. Acadia will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please review our Privacy Policy for a description of how we handle personally identifiable information submitted to us.
Any Submissions you transmit or post become the property of Acadia. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. By transmitting or posting any Submission, you hereby grant Acadia a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, transfer, sell, assign, create derivative works from, distribute, sublicense, perform and display any Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that Acadia may use any ideas, concepts, know-how, processes, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.
Acadia reserves the right to: (i) remove, suspend, or modify any Submission in its sole discretion at any time and for any reason without notice to you; and (ii) to remove, suspend, or block any Submission. Acadia also reserves the right to access, preserve, and disclose any information it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Acadia, its users, and the public.
You acknowledge that each Submission is the sole responsibility of the person who made such Submission. You are solely responsible for all Submissions that you post, email, or otherwise transmit to the Website. Acadia does not control the Submissions posted, emailed, or otherwise transmitted on the Website by others and does not guarantee the accuracy, integrity, or quality of such Submissions.
3. Medical Services Disclaimer
The information provided on this Website or any other communications sent to you in connection with your use of this Website including, without limitation, any text, images, audio, graphics, and third-party submissions is (i) presented in summary form, (ii) generalized, and (iii) provided for informational purposes only. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION, YOUR SYMPTOMS, OR YOUR CARE. The Website does not provide medical advice. With limited exceptions, our products are available only by prescription from a licensed health care professional. We are not engaged in rendering medical or similar professional services, and the information provided on the Website is not intended to replace medical advice offered by a health care provider. If you desire or need such advice, you should promptly consult a physician or professional health care provider. YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ACADIA. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES (9-1-1 IN THE UNITED STATES) IMMEDIATELY.
4. Product Information
The product information provided on the Website is intended only for residents of the United States and Canada. The Website and its links may contain information about products that may or may not be available in any particular country, territory, or region of the world (including the United States or Canada), may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on the Website as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States or Canada. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located. The prescribing information provided here is based on United States and Canadian labeling and may not be appropriate outside of the United States or Canada (as applicable).
5. Links to Third-Party Content
Acadia’s Website may contain links to other third-party sites and services. Acadia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Acadia of the linked site or service or any association with its operators. We are not responsible for any damages or injuries of any kind arising in connection with the content of linked third-party sites, services, advertisements, or other resources framed within the Website. Acadia makes no representations whatsoever about any third-party site or service you may access through the Website. Any concerns regarding any product or service offered by a third-party website to which our Website is linked or the link itself should be directed to the operator of that specific website and not to Acadia. If you use these links, you are leaving this website. Acadia has does not have control over, and is in no manner responsible or liable for, the availability and content of the third-party sites and services to which Acadia’s website is linked. Acadia makes no representations whatsoever about any third-party site or services you may access through Acadia and disclaims all liability with regard to your access to such linked sites and services. Your use of third-party sites and services is at your own risk and subject to the terms and conditions of use for such sites.
6. Linking to the Website and Social Media Features
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with our Community Guidelines and any additional terms and conditions we provide with respect to such features.
Unless otherwise set forth in a written agreement between you and Acadia, you must adhere to Acadia’s linking policy as follows: (i) any link to Acadia’s Website must be a text only link clearly marked “Acadia Website” and must be done in a way that is fair and legal; (ii) the appearance, position and other aspects of the link may not be such as to damage our reputation or dilute the goodwill associated with Acadia’s name and trademarks; (iii) the link must point to the Website homepage and not to other pages within our Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Acadia; and (v) Acadia reserves the right to revoke its consent to the link at any time and in its sole discretion.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
7. Eligibility
YOU MUST BE 16 YEARS OF AGE OR OLDER TO ACCESS AND USE THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 16, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR PROVIDE US WITH ANY PERSONAL INFORMATION. We do not intend to collect any personally identifiable information from children through our Website. If you are age 16 or older but under the age of majority in your place of residence (age 18 in the U.S.), you represent and warrant that you have reviewed these Terms of Use with your parent or legal guardian and that you and your parent or guardian understand and consent to these Terms of Use. Please refer to our Privacy Policy for more information on how we protect the privacy of children. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements.
8. Privacy Policy
All information we collect via this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.
9. Copyright
The contents of this Website are subject to copyright protection under U.S. and international laws, unless otherwise noted, and may not be used except as provided herein without the written permission of Acadia. The contents of this Website may not be copied, other than for non-commercial, individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced, or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, or documents, without the express written permission of Acadia. Nothing contained in this Website shall be construed as conferring on you any license or right under a copyright, patent or trademark of Acadia, its affiliates, or any third party, whether by implication, estoppel or otherwise.
10. Trademarks
The product names, trademarks, trade names, logos and service marks displayed on the Website (collectively, the "Trademarks") are registered and unregistered Trademarks of Acadia or our licensors in the U.S. and other countries. The Trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Acadia. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the prior written permission of the Trademark owner. Your use or misuse of these Trademarks, or any other content, such as text, graphics, images, and other material, except as permitted herein, may constitute a violation of federal or state laws governing copyrights, trademarks, slander, libel, privacy, publicity and/or communications, and accordingly is expressly prohibited. If you use the materials or Trademarks on this Website in any way that is not expressly allowed by these Terms of Use, we hereby automatically revoke your permission to use this Website.
11. Disclaimers of Warranty
THIS WEBSITE IS PROVIDED "AS IS." ACADIA, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS (THE “COVERED ENTITIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COVERED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY, OR TIMELINESS OF THE WEBSITE. ACADIA MAKES NO WARRANTY THAT THIS WEBSITE WILL BE AVAILABLE CONTINUOUSLY, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE COVERED ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, UNAUTHORIZED ACCESS TO YOUR DATA, CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY OTHER MATTER RELATING TO THESE TERMS OR THAT IS BEYOND OUR REASONABLE CONTROL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.
13. Indemnification
You, on behalf of yourself, your personal representatives, and your heirs, hereby voluntarily agree to release, hold harmless, defend, and indemnify Acadia, its affiliates and any of Acadia’s and its affiliates’ officers, directors, shareholders, employees, agents, affiliates, representatives, sublicensees, successors, and assigns (the “Acadia Indemnified Parties”) from any and all claims, actions, damages, or other losses which may result from: (a) your use of the Website; (b) your violation of these Terms of Use; (c) your failure to comply with any applicable laws or regulations; or (d) your violation of the intellectual property or other rights of any third party. Such indemnity obligation shall apply to all claims or demands of any kind except to the extent arising solely from the gross negligence or willful misconduct of the Acadia Indemnified Parties.
14. Safe Harbor
Except for the historical information set forth in this Website and within its content, matters set forth in this Website and within its content, including but not limited to statements relating to our drug discovery efforts, preclinical and clinical development programs and drug candidates, and any statements relating to Acadia’s goals, plans, missions, expectations, beliefs, and the like, are forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the risks and uncertainties inherent in the discovery, development and commercialization of drugs, and other risks detailed in our annual report on Form 10-K as well as other subsequent filings made from time to time with the Securities and Exchange Commission, which are available at www.sec.gov. These forward-looking statements speak only as of the date of the development or update of this website. Acadia disclaims any intent or obligation to update these forward-looking statements.
15. Severability
If all or any provision of these Terms of Use is found invalid, unenforceable, or illegal, you and Acadia agree that the provision will be severed, and the rest of these Terms of Use shall remain in effect and be construed as if any severed provision had not been included.
16. Miscellaneous
You acknowledge and agree that these Terms of Use, including the Privacy Policy incorporated herein, constitute the complete and exclusive agreement between Acadia and you concerning your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
No waiver by Acadia of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Acadia to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
All provisions of these Terms of Use which, by their nature, should survive termination, including, without limitation, warranty disclaimers, limitations of liability, and provisions regarding use of your personally identifiable information, shall survive termination.
17. Governing Law
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Website or these Terms of Use shall be instituted exclusively in the state and federal courts in San Diego County, California, United States, although Acadia retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Contact Us
If you have any questions relating to the Website or these Terms of Use, or if you would like to receive a copy of these Terms of Use in an alternative format, please contact us at [email protected] or +1 (858) 558-2871.
19. Changes to the Terms of Use
Acadia may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.