Cubist Pharmaceuticals, Inc. is pleased to provide you with this website and its content for general informational purposes. Please carefully read these Terms and Conditions relating to the use of our website. By using our website, you agree to these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, please do not use our website. We reserve the right to revise these Terms and Conditions or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions that apply to your use of our website. If you violate any of these Terms or Conditions, your permission to use the materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the materials.
Use of Materials and Intellectual Property Rights
The entire contents of this website, including, but not limited to, text, graphics, designs, software and other code, and layouts (the "materials") are subject to copyright protection under United States' and foreign copyright laws. You may not copy the contents of this website other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents 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 consent of Cubist. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Cubist, its affiliates or any third party. Cubist prohibits the use of any Cubist trademark, or any related graphic, as a "hot link" to any website unless approved by Cubist.
All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Cubist, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Cubist actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Links to Third Party Sites
We have provided links to certain third party websites as a courtesy. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our website. We expressly disclaim any responsibility for the content of any third party sites linked to our website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our website.
Our website contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, as amended, and other federal securities laws. In some cases, these statements can be identified by the use of forward looking terminology such as “may,” “will,” “could,” “should,“ “would,” “expect,” “anticipate,” “continue,“ “believe,” “plan,”, “intend,” “estimate,” or other similar words. You are cautioned that forward looking statements are inherently uncertain and not to place substantial reliance on such statements. We do not undertake any obligation to update any forward looking statements contained within our website as a result of new information, future events or otherwise.
Any statements contained within our website which do not describe historical facts, including, but not limited to, statements regarding: (i) our future financial and operating results, including annual financial guidance; (ii) estimates regarding the commercialization and commercial potential of our products and product candidates, including our belief in the blockbuster potential of ceftolozane/tazobactam (formerly known as CXA-201); (iii) the development of our products and product candidates, including expected timing for commencing clinical trials, data readouts, regulatory filings and review, and the costs and expenses related thereto; (iv) the expected timing of commercial launches and go/no-go decisions for our products and product candidates; (v) the expected benefits from Qualified Infectious Disease Product designation for ceftolozane/tazobactam and surotomycin (formerly known as CB-315); (vi) the strength of our intellectual property portfolio protecting CUBICIN® (daptomycin for injection), ENTEREG® (alvimopan), any of our future products, and our product candidates; (vii) the manufacturing of CUBICIN, ENTEREG, any of our future products, and our product candidates, and (viii) our plans to expand our international operations and execute against our Building Blocks of Growth five-year goals through 2017, are forward-looking statements which involve risks and uncertainties that could cause actual results to differ materially from those discussed in such forward-looking statements.
Such risks and uncertainties include: (i) our ability to continue to grow revenues from the sale of CUBICIN; (ii) the ability of our third-party suppliers to produce and deliver adequate amounts of our products and product candidates; (iii) competition from generic drug companies such as Teva and Hospira; (iv) our ability to successfully market and sell ENTEREG, (v) our ability to successfully develop, gain marketing approval for and commercially launch ceftolozane/tazobactam and our other product candidates for their planned indications and on the timelines that we expect; (vi) our ability to add products and product candidates through internal efforts, in-licensing or acquisition; (vii) our ability to achieve and manage our growth in our business; (viii) and those additional factors discussed under the caption “Risk Factors” in our most recent Quarterly Report on Form 10-Q or Annual Report on Form 10-K filed with the Securities and Exchange Commission.
You can review our filings with the U.S. Securities and Exchange Commission by linking directly to the SEC's Electronic Data Gathering, Analysis and Retrieval system, which is known as EDGAR. We have provided links to EDGAR for informational purposes only, and not for trading or investment purposes. We do not guarantee the sequence, accuracy or completeness of any information or data displayed through EDGAR. The reader should note that our periodic reports filed with the SEC include disclosure of certain factors that may affect our future performance. Such statements are valid on the date on which they are made, and we do not assume any duty of disclosure and expressly disclaim any duty to update information set forth in our filings with the SEC. Individual statements appearing in our SEC filings should be read with and in the context of the complete documents in which they appear and any materials incorporated into those documents by reference rather than as stand-alone statements.
Disclaimers of Warranty, Liability, and Consequential Damages
This website and the materials are intended for educational purposes only. They are not a substitute for actual medical care. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider.
In an effort to assist patients in identifying medical resources, we have contracted with certain health care institutions that consider themselves to have expertise in the research, diagnosis and treatment of particular diseases or health conditions. These third parties may be mentioned on this website and this website may provide a link to those third party websites.
Cubist makes no warranties or representations, and expressly disclaims any responsibility for, the information or treatment that you may receive from any listed health care provider.
With respect to prescription drugs and other medications and therapies, the doctor prescribing such drug is advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used or has a narrow therapeutic range. The materials do not constitute medical advice and website users are urged to consult their doctors with any drug or health related questions they may have.
The materials may contain inaccuracies or typographical errors. Cubist makes no representations about the accuracy, reliability, completeness, or timeliness of the materials or about the results to be obtained from using this website or the materials. Cubist will make a good faith effort to update the materials on this web site periodically. However, we do not have any duty to update the materials, and we will not be liable for any failure to update such materials. Your use of the website and the materials is at your own risk. Changes can and will be made to the website and materials at any time.
Cubist makes no claims that the materials are appropriate or may be downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Cubist does not represent or warrant that the use of the website will be uninterrupted or error-free or that the website and its server are free of computer viruses and other harmful goods. If your use of the website or the materials results in the need for servicing or replacing equipment or data, Cubist is not responsible for those costs.
THE WEBSITE AND MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. CUBIST AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CUBIST AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. USE OF THE WEBSITE AND MATERIALS IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
IN NO EVENT SHALL CUBIST, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CUBIST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CUBIST'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
The order, purchase, and/or sale of any products from Cubist, its affiliates, and/or their suppliers are subject to the terms and conditions contained in the applicable purchase order or written agreement between the parties.
You agree to defend, indemnify, and hold harmless Cubist, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or misuse of the website and the materials (including software) and/or your breach of these Terms and Conditions of Use.
As a user of this website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your state license number and your professional representation.
Void Where Prohibited
This website and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this web site is accessible to users outside of the U.S., the information on the web site pertaining to Cubist products and services is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. This site links to other sites produced by Cubist's various marketing partners for markets outside the U.S. Those sites may have information that is appropriate only to that particular originating country. Cubist reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this website is void where prohibited.
Choice of Law and Jurisdiction
Our website is operated from our offices in the Commonwealth of Massachusetts, U.S.A. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to any conflict of law provisions thereof. Any action related to these Terms and Conditions of Use shall be brought only in the state courts of and federal courts in the Commonwealth of Massachusetts and all parties consent to such jurisdiction and waive any objection to the personal jurisdiction of and venue in such courts.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect. Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
These Terms and Conditions of Use represent the entire agreement between you and Cubist relating to the subject matter herein and shall not be modified except by Cubist as provided herein or through a written document signed by both parties.
1. Information We Collect.
We have access to the following categories of information regarding you and your visit to the Sites. Only some of these categories of information identify you directly, but each category offers some information about your interests and activities that could be used to make inferences about you. The next section of this policy describes how Cubist uses the information we collect.
Information That You Voluntarily Provide:
Sites Registration. We have constructed the Sites so that you may visit us and review information about the services and products we offer without revealing your identity or volunteering any personally identifying information. If you choose to register to use Cubist features and services, either as a consumer or a healthcare professional, we will collect "personally identifying information" from you, such as your name, address, telephone number, and email address that could be used to contact you. When this information is combined with any information on your health or medical status (pursuant to all applicable laws), we refer to the resulting information as "health-related personal information."
Interactive Services. If you choose to participate in our interactive services such as questionnaires and surveys, you may disclose health-related information as well as personal facts that could be used to identify you or your family members. Providers who use our benchmarking services and quality of care assessments may choose to disclose facts about their practice and patients that are extremely sensitive, personal data. We do not request or require you to disclose personally identifying information in these forums, but apart from warning you to be prudent in your statements, we do not have the ability to keep you from disclosing private facts.
Correspondence with Cubist. You may use the Sites to ask questions or report problems regarding our products to healthcare professionals hired by Cubist to address consumers' and health care professionals' questions regarding use of our products. If you communicate with or request information from Cubist personnel, they will have your e-mail address as well as whatever health-related and/or personal facts you chose to include in your e-mail. If you are reporting a product experience, we may ask you for specific facts, including patient initials, age, and gender, and prescribing physician. Regulations require us to collect patient-identifiable information in order to file reports with the United States Food and Drug Administration and other similar agencies in other jurisdictions regarding the safety of our products.
Information That Is Routinely Collected By Our Sites Technology:
IP Address. We record the Internet Protocol (IP) address of your computer when you visit the Sites. Without more, the IP address does not identify you personally, but it is what allows us to maintain communications with you as you move about the Sites.
Cookies. We may also collect information about your use of the Sites through cookies and similar technology. A "cookie" is a unique numeric code that we transfer to your computer so that we can keep track of your interests and preferences and recognize you as a return visitor to the Sites. Cookie technology allows us to collect "clickstream" data, which is not personally identifying information, but which reflects your activities on the Sites, including your interest in certain healthcare conditions. A cookie does not collect or keep your name or other personal identifying information, but when you revisit the Sites the cookie allows us to bring you the content and features likely to be of greatest interest to you based on your previous activities on the Sites.
2. How We Use Your Information.
Whether you are a consumer or a health care professional, we use the information about your use of the services and activities on the Sites to monitor user traffic patterns and try to analyze what our users prefer so that we can design better services and activities for you. The personally identifying information and health-related personal information that you provide may be used to create customized offers, information, and services tailored to your interests and preferences.
Personally Identifying Information. You do not have to register to use most of the information and services available for consumers on the Sites. If you choose to register, we may use the personally identifying information you give us to send you an email confirming your registration with the Sites and to respond to questions from you. We may also, from time to time, send you emails with news, special promotions or other materials with information that we think may be of interest to you.
Health-Related Information. We may offer interactive services such as health questionnaires and care management tools that ask you to furnish health-related information about you or your family. If you choose to participate in our interactive services, we will collect the information you may choose to disclose and analyze it to discover new facts that could help us better understand how our products are used in coping with the diseases for which they are marketed.
The information you disclose and provide in interactive services may be linked (pursuant to all applicable laws) with the personally identifying information you may choose to provide elsewhere on our site to provide us with personally identifying information about your health and health care. We may combine your health-related information with that from other site users to create summary data that we will use for our business purposes, including research to improve our products and analyses that may help us better market our products.
IP Address. In addition to using the IP address of your computer to maintain communications with you as you move about the Sites, we may also use your IP address to personalize content provided on the Sites. We may retain IP addresses, and we may retain them together with personally identifying information.
Vendors and Suppliers. We may from time to time have relationships with different vendors and suppliers who help us design and maintain our systems and our computer security, respond to email and customer inquiries, and create special promotions. We will not authorize our vendors and suppliers to use our customer information for any purpose not related to our business.
Law Enforcement. In certain limited circumstances, we may be called upon to release your personally identifying information and/or health-related personal information in response to a court order, subpoena, search warrant, law, or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the personally identifying information and/or health-related personal information that they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful to other users of the Sites.
Product Reports. If you contact us regarding your experience in using one of our products, we may use the information you provide in submitting reports to government agencies regulating the healthcare industry in the United States and elsewhere, including the U.S. Food and Drug Administration, and as otherwise required of us by law. We also may use the information to contact the prescribing physician to follow up regarding an unexpected event involving use of our product.
3. Our Relationship to Third Parties.
We pledge that we will not sell or disclose any personally identifying information or health-related personal information you provide on the Sites to an unrelated third party without your express permission, except that we may partner with other companies to provide you with content or services on a joint or "co-branded" basis. At co-branded sites, you will see both the Cubist logo and the logo of the co-branded partner displayed on your screen. To access the services available on co-branded sites, you may have to complete an on-line registration form, and this registration information may be shared with our co-branded partners. You should read the individual privacy policies of the co-branded sites, as these may differ in some respects from ours. Reading these policies will help you to make an informed decision about whether to provide your information to a given site. Remember, you may always opt-out of sharing your information with a partner site by choosing not to use the service or content provided by the co-branded site.
Other Important Information About Our Relationship With Third Parties:
4. Our Children's Policy.
The Sites content and services are intended for adult users over the age of 13. The Sites is not designed to attract child users. If we learn that an under-13 user has volunteered personally identifying and/or health-related personal information on the Sites, or that a provider has volunteered information about a patient who is identified as younger than 13 years old, we will delete such information from our active databases in accordance with our deletion policy, which is described in the section on Privacy Choices below.