Terms of Use and Privacy Policy

Last Revision Date: December 10, 2012

This website is owned and operated by Acura Pharmaceuticals, Inc. By accessing this website, you agree to the following terms and conditions of its use. If you do not agree with the terms and conditions, we do not grant you permission to access or otherwise use this site.

Acceptance of Terms and Conditions

This website (“Website”) is owned and operated by Acura Pharmaceuticals, Inc. (“Acura” “us” or “we.”). Set forth herein, are the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (“You”) may access and use this Website. By using this Website, you, the user, indicate that you agree to and accept that these Terms and Conditions as legally binding, as if you had signed them. This Website is for general informational and educational purposes only and we reserve the right to change these Terms and Conditions at any time. Your continued use of this Website following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

Copyrights and Trademarks

All information on and contents of this Website including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and any other content on the Website are owned by Acura or others and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations.  The contents of and all materials distributed in conjunction with this Website are Copyright (c) 2012 Acura Pharmaceuticals, Inc. or its licensors or suppliers, all rights reserved.

All rights in the product names, company names, trade names, logos, service marks, product packaging, and trade dress, whether or not appearing in large print or with the trademark symbol (collectively the “Trademarks”), displayed on this Website belong exclusively to Acura or their respective owners and are prohibited from imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under the Trademarks, any patent of Acura or any third party, or any other intellectual property of Acura or any third party.

Downloadable Materials

Permission is granted to display, copy, and download the materials on this Website for personal, noncommercial use only; provided you do not distribute or modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Website for commercial use without prior written approval of Acura. Use of images of people and places displayed on this Website for commercial or non-commercial purposes is strictly prohibited.

Intended Audience

This Website is intended for U.S. audiences only and has been designed to comply with U.S. regulatory guidelines.  Any offer for any product or service made on this Website is void where prohibited.

No Professional Advice

This Website may contain general information relating to various medical conditions and their treatment and is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional.

Confidentiality and Privacy

Your use of this Website is governed by the Acura Website Privacy Policy contained on our Website (“Privacy Policy”).  Subject to the terms  of our Privacy Policy, any communication of material that you transmit or post to us through this Website, by electronic mail or otherwise, including but not limited to, any questions, comments, suggestions is, and will be treated as, non-confidential and non-proprietary information. We and our affiliates may use such communication or material for any purpose whatsoever.  We are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.

Registration

Acura reserves the right to restrict access to certain areas of the Website to registered users only.  Acura has the right to suspend or terminate your registration or refuse any and all current or future use of the Website at its sole discretion.

Prohibited Uses Generally

You agree not to:

  • delete or revise any material or other information on the Website;
  • access any information about other users, including e-mail addresses;
  • take any action intended to unreasonable or disproportionately utilize the Website’s infrastructure or interfere with the proper working of the Website;
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
  • solicit other users to join outside sites or online sites or organizations;
  • engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website;
  • violate or attempt to violate the security of the Website; or
  • use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Non-Solicitation of Securities

Nothing in this Website constitutes investment advice, including our SEC filings. The Website is for general informational and educational purposes only.  Nothing in this Website shall be construed as an offer to sell or solicitations of an offer to buy any security.

Disclaimer of Warranties

This Website is provided as is. Acura and its officers, directors, employees, affiliates and agents make no representation or warranty relating to this Website, linked websites, information and content or any other content accessible directly or indirectly from this Website.  Acura disclaims to the maximum extent permitted by law any and all such representations and warranties.  Without limiting the foregoing, Acura disclaims all warranties: (a) of merchantability, (b) against infringement of any third party intellectual rights, (c) related to the transmission or delivery of this Website or its contents, (d) relating to the accuracy, reliability, timeliness, correctness, or completeness of this Website, and (e) otherwise relating to the performance of this Website.

Limitation of Liability

Acura’s liability for breach of this User Agreement or any other cause of action arising under the Terms and Conditions is limited to your right to terminate use of this Website.  In no event will Acura, its affiliates, or any party involved in creating, producing, or delivering this Website be liable for any direct, incidental, consequential indirect, special, or punitive damages, or damages resulting from lost data or business interruption  (including, without limitation, in the case of all of the above-described damages, damages to computer equipment or software and damages related to viruses that may infect your computer equipment or software) arising out of or in connection with your use of the Website or any linked website.   In the event that you have a dispute with another user of this Website, you release Acura from any claims, demands, and damages of any kind arising.  We do not guarantee or warrant that access to this site will not result in, or that files available for download from this Website will be free of, infection from viruses, worms, Trojan horses or other destructive code or code that could result in adverse consequences to your computer equipment or software.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Acura has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Acura’s liability in such jurisdictions shall be limited to the extent permitted by law.

Timeliness

The information contained on this Website is updated from time to time.  As a result, at any particular time the information may be outdated.  We do not undertake (and disclaim any obligation) to publish, update or revise statements on this Website.  We assume NO LIABILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THIS WESBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless Acura, its officers, directors, employees, affiliates, agents and Acura’s third party partners and suppliers (including, without limitation third parties who contribute to this Website) from any loss, damage, expense, or cost (including, without limitation, reasonable attorney’s fees) resulting from your violation of these Terms and Conditions.

Forward-Looking Statements

This Website contains forward-looking statements about Acura’s business prospects that are subject to risks and uncertainties and you are encouraged to review the Forward Looking Statement and Risk Factors contained on this Website and in our filings with the Securities and Exchange Commission.  Note, however, that such risks and uncertainties may be different than those foreseen.

Violations

Your violation of these Terms and Conditions, the Website’s system, or network security may result in termination of access to the Website, your civil liability (including, without limitation, monetary damages) and/or your criminal liability.

General and Legal Jurisdiction

These Terms and Conditions, the “Privacy Policy” and the relationship between you and us are governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. These Terms and Conditions, together with the Privacy Policy available on our Website and any other legal notices published by us on the Website, shall constitute the entire agreement between you and Acura concerning the Website, whether written or oral. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Acura reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes.  The revised Terms and Conditions will appear on our Website with the date of last revision. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised Terms and Conditions.  These Terms and Conditions may not be amended by you without the prior written consent of Acura.  Paragraph headings are for convenience and are not a part of these Terms and Conditions.

© 2012 Acura Pharmaceuticals®, Inc.  All rights reserved.

Acura Website Privacy Policy

Introduction

Below is the website privacy policy (“Privacy Policy”) of Acura Pharmaceuticals, Inc. (“Acura”, “we”, or “us”). It applies only to our website. It is the Privacy Policy referred to in the terms and Conditions. It does not apply to activities that occur offline or to information we collect outside of our website. Except as set forth in the paragraph under the heading “Use and Disclosure of Information” below and under the heading “Confidentiality and Privacy” in the Terms and Conditions” Terms and Conditions it also does not apply to e-mails that you send us, including emails that you send by clicking a link on the “Company Contacts” page or other pages of our website.

Use of Personal Data

Our website does not collect any personal information from the viewer. This allows you to visit without telling us who you are. We will not sell, share with, or otherwise distribute personally identifiable information to third parties. To the extent a directly linked website provides us information it collects we will also not sell, share, or otherwise distribute that personally identifiable Information to third parties.

Use of Cookies and Other Tracking Systems

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other websites. Acura does directly use cookies to track user traffic patterns, this website does utilize third-party software to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. If you prefer not to receive cookies while browsing our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. Acura also may use pixel tags which is a type of graphic that often appears invisible due to its small size. It may be used to track number of users at our website and the navigation through our website. We do not use this data to track personally identifiable information. We may also collect IP addresses of persons visiting our website. We may use IP address to aggregate information about the number of visitors to our website, website usage and the general locations from where our website is accessed. We do not generally use IP addresses to track personally identifiable information. We reserve the right to use IP addresses to identify persons who abuse or threaten our site, directors, employees, or customers. We may also use other tracking technologies, but do not intend to use such technologies to collect personally identifiable information. Notwithstanding any of our policies, we may be required to disclose any data we collect, including IP addresses, by a court order, subpoena or other legal process. In addition, we cannot be held responsible for, and our Privacy Policy does not apply to, the tracking systems of other websites to which we link.

Use and Disclosure of Information

As provided in the “Terms and Conditions”Terms and Conditions and except as otherwise noted in this Privacy Policy or the Terms and Conditions, we may use any information you provide to improve the content of our website, customize the website, communicate information to you (if you have requested it), for our marketing and research and development purposes, and for other purposes specified in this Privacy Policy or the Terms and Conditions or at the time such information is requested from you.

Links to Other Sites

This Privacy Policy applies only to our website. We may provide links to other websites that we believe may be of interest to our visitors or advertisers may have links on our website. Their websites may collect personally identifiable information from you. For instance, we provide links to websites that display webcasts of some of our investor presentations. These websites may ask for your name, relationship to Acura, profession, company email address, and other information. You should review the privacy policy of these websites before providing such information, as these websites are not covered by our Privacy Policy. Due to the nature of the World Wide Web, we cannot guarantee the standards of websites to which we link or advertiser’s website or be responsible for the contents, or privacy practices and policies, of these and other third-party sites. We encourage you to read the privacy policy of every website you visit.

Changes to this Privacy Policy

This policy may be revised by us from time to time. By using this site you agree that we have a right to change our policy without prior notification. The revised policy will appear on our website with the date of last revision.

Privacy of Children

Our website is not intended for use by children under age 13. We will not knowingly collect personally identifiable information on our website from children under 13.

Use of Our Website

Use of our website is subject to the Terms and Conditions.