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 RightsThe 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 SitesWe 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.
Forward-Looking StatementsOur website contains forward looking statements, including statements regarding Cubist's future financial performance and strategy. Statements contained on this website that are not historical fact may be forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, and such statements are subject to a variety of risks and uncertainties. There are a number of important factors that could cause actual results to differ materially from those projected or suggested in any forward-looking statements made by Cubist. These factors include, but are not limited to: (i) whether we will receive, and the potential timing and scope of, regulatory approvals or clearances to market CUBICIN in other countries and for additional indications in the United States and other countries pursuant to our currently-planned filings and any filings we determine to make in the future, which filings are subject to approval by the applicable regulatory agency or agencies, regardless of our confidence in the results of the clinical trials supporting such filings; (ii) the level of acceptance of CUBICIN by physicians, patients, and the medical community and the availability of reimbursement from third-party payors, including governments, private insurance plans and managed care providers; (iii) any changes in the current or anticipated market demand or medical need for CUBICIN; (iv) competition, particularly with respect to CUBICIN; (v) whether the FDA accepts proposed clinical trial protocols that may be achieved in a timely manner; (vi) our ability to conduct successful clinical trials in a timely manner; (vii) the ability of our third party manufacturers, including our single source provider of bulk drug substance, to manufacture sufficient quantities of CUBICIN in accordance with Good Manufacturing Practices and at an acceptable cost; (viii) our dependence upon pharmaceutical and biotechnology collaborations; (ix) our ability to finance our operations; (x) the effectiveness of our expanded sales force; (xi) potential costs resulting from product liability or other third party claims; (xii) our ability to protect our proprietary technologies; (xiii) our ability to discover, in-license, or acquire drug candidates and develop and achieve commercial success for drug candidates; (xiv) our ability to integrate successfully the operations of any business we may acquire and the potential impact of any future acquisition on our financial results; and (xv) a variety of risks common to our industry, including ongoing regulatory review, litigation relating to intellectual property, and legislative or regulatory changes.
Additional factors that could cause actual results to differ materially from those projected or suggested in any forward-looking statements are contained in Cubist's recent filings with the Securities and Exchange Commission, including those factors discussed under the caption "Risk Factors" in such filings. We caution you not to place substantial reliance on the forward-looking statements and we undertake no obligation to update or revise the statements.
EDGAR LinksYou 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 DamagesThis 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.
Ordered ProductsThe 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.
IndemnityAny personally identifiable information in electronic communications to this website is governed by Cubist's Privacy Policy. Cubist shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes, including disclosure to third parties and/or developing, manufacturing and/or marketing products or services.
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 JurisdictionOur 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.
SeverabilityIf 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.
Entire AgreementThese 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.
These Terms and Conditions were last updated: 4/18/2006
Cubist Privacy PolicyAt Cubist, we understand that facts about your demographics, health, health interests, and healthcare are private and sensitive, and we are committed to respecting your privacy. This Privacy Policy is designed to answer your important questions about privacy, whether you are a consumer looking for health information, or a health care provider looking for information to help meet the needs of your patients.
We urge all users of our website, including but not limited to, http://www.cubist.com and http://www.cubicin.com, and any web pages contained within those sites (collectively, the "Sites") to read this Privacy Policy to learn more about the policies and practices that we have developed to safeguard personal information, and to better understand our relationships with the third parties who may have access to this information.
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.
Consent to Use of Data. Cubist maintains the data collected in an electronic database of voluntarily submitted personally identifiable information. Cubist and its agents may exchange such information with each other or with you over the Internet or intranet systems for the purposes consistent with this Privacy Policy. By voluntarily giving information at the Sites, you are hereby consenting to the use of such information by Cubist and other third parties in a manner consistent with this Privacy Policy.
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.
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.
Cookies. We may use the data we obtain through the use of cookies to customize your Sites experience by anticipating the information and services that may be of interest to you. We may also analyze the information collected with cookie technology to help us improve the functioning of the Sites by monitoring traffic in popular areas and to modify the services and information we provide to meet customer demand. We may link the clickstream data available to us through the use of cookies to the personally identifying information and health-related personal information that you may choose to provide elsewhere on the Sites. We may use the information we collect through the use of cookies for our business purposes, including operation of the Sites, as well as research and product analyses to help us better market our products. We do not allow other Sites or third parties to use our cookies for their own purposes or to place their own cookies on your computer when you access services through the Sites.
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.
We may use third parties to provide services and information on the Sites and we may provide some co-branded services in partnership with others. We also may use third parties to analyze data collected on the Sites. We will not disclose your personally identifying information or health-related personal information to anyone other than our employees and those third parties with whom we have a business relationship. If we allow a third party contractor to have access to your personally identifying information or health-related personal information, they will only be permitted to take it or use it for purposes that are consistent with this privacy policy.
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:Links to Other Sites. The Sites also features links to websites that we believe you might find useful and informative. Please be aware, however, that, other than the Sites controlled by Cubist, we do not endorse or recommend these other websites' content or services, and we are not responsible for the privacy practices of these other websites. We encourage you to be aware of and read the privacy policy of each website you visit. Remember, the statements in this privacy policy apply solely to information collected by Cubist through the Sites.
Advertisers. We do not permit advertisers to display their advertisements at the Sites, and we will not permit third party advertising servers to use cookies to collect information from users at the Sites.
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.
We will only use personally identifying information in the manner described in the Privacy Policy in effect when the information was collected from you. However, we reserve the right to change the terms of this Privacy Policy at any time by posting revisions to the Sites. If at any point, we decide to use personally identifying information and/or health-related personal information in a manner different from that stated at the time it was collected, we will notify users by email to the extent that we have email addresses. You will be given the choice at that time to "opt-in" for any additional uses or disclosures of your personally identifying information and/or health-related personal information that you made available to us prior to the change in the Privacy Policy.
This Privacy Policy was last updated: 4/18/2006