Welcome to www.iwalkbecause.org (the "Site"), which is owned and operated by Acorda
Therapeutics®, Inc. ("Acorda" or "we"). Acorda provides the Site and the information
"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.
Description of Service
The Site provides information about the I Walk Because™ sponsorship of the
Walk MS Program. 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.
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 e-mail 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
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 healthcare
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 healthcare provider for such medical advice or services.
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
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.
If you submit any questions, comments, suggestions, information, ideas, concepts,
photographs, 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
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.
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.
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.
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.
Notices to you may be made via either e-mail 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.
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.
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
©2010 Acorda Therapeutics®, Inc. All rights reserved.