Terms of Use/Legal Notice

Last updated March 30, 2010

Terms of Use ("TOU")/Legal Notice—Agreement between User and Horizon Pharma, Inc. ("Horizon Pharma")

By using the website, you agree to be bound by the terms contained in this notice and any subsequent modifications Horizon Pharma may make from time to time.  If you do not agree to these TOU, do not access and use the Horizon Pharma website and services.

Thank you for visiting the Horizon Pharma website.  Horizon Pharma maintains this website as a service to the Internet community.  Access to and use of information presented on the Horizon Pharma website are subject to the following terms and conditions, which may be revised at any time by Horizon Pharma without notice to you, and which revisions become effective when posted.  You are responsible for regularly reviewing these terms and conditions.

Subject to these TOU, Horizon Pharma hereby grants you the right to access and use the Horizon Pharma website solely for the following purposes: (a) if you are accessing the Horizon Pharma website as an individual, then any and all use of the Horizon Pharma website is for your personal, noncommercial use only; or (b) if you are accessing the Horizon Pharma website on behalf of a business entity, then any and all use of the Horizon Pharma website must be for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with Horizon Pharma. Horizon Pharma retains all rights with respect to the Horizon Pharma website except those expressly granted to you in this Agreement.

Except as expressly permitted hereunder, you agree not to duplicate, publish, modify or otherwise distribute the material on the Horizon Pharma website unless specifically authorized in writing by Horizon Pharma to do so.  You agree not to frame, or assist third parties in framing, any of the web pages contained in the Horizon Pharma website.  Such framing is strictly prohibited under this Agreement.  The content and software on the Horizon Pharma website are the proprietary property of Horizon Pharma and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws.  The use or misuse of these trademarks, copyrights and other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.  Horizon Pharma, are the trademarks of Horizon Pharma.  The names of actual companies and products listed on the Horizon Pharma website may be the trademarks of their respective owners.  It is the policy of Horizon Pharma to enforce its intellectual property rights to the fullest extent permitted under law.

The Horizon Pharma website may contain links or produce search results that reference links to third-party websites ("Linked sites").  Horizon Pharma has no control over these Linked sites or the content within them.  Horizon Pharma cannot and does not guarantee, represent or warrant that the content contained in the Linked sites, including, without limitation, other links, is accurate, legal and/or inoffensive.  Horizon Pharma does not endorse the content of any Linked site, nor do we warrant that a Linked site will not contain computer viruses or other harmful code that can impact your computer or other web access device.  By using the Horizon Pharma website to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Horizon Pharma for any damages or losses whatsoever resulting from such use.

As condition of your use of the Horizon Pharma website, you warrant to Horizon Pharma that you will not use the Horizon Pharma website for any purpose that is unlawful or prohibited by these TOU.  You agree not to use the Horizon Pharma website in any manner that could damage, disable, overburden or impair the Horizon Pharma website or interfere with any other party's use and enjoyment of the Horizon Pharma website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Horizon Pharma website.

We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy.  If you post any content to the Horizon Pharma website, by electronic mail or otherwise, we will treat it as nonconfidential and nonproprietary to you.  By posting any content on the Horizon Pharma website, you authorize us to use and allow others to use, distribute and reproduce the content.

Horizon Pharma reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, is Horizon Pharma's sole discretion.  You agree that any and all information and content that you provide to the Horizon Pharma website becomes the exclusive property of Horizon Pharma, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Horizon Pharma upon submission of the information and content.  You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.

Horizon Pharma does not promise that the Horizon Pharma website will be error free, uninterrupted, nor that the Horizon Pharma website will provide specific results from your use of any content, search or link on it.  The Horizon Pharma website and all content contained within it are delivered on an "AS IS" and "AS AVAILABLE" basis.  Horizon Pharma does not warrant or represent that the files you may download from the Horizon Pharma website will be free of viruses or other harmful features.  HORIZON PHARMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL HORIZON PHARMA, OR ITS AFFILIATES, SUPPLIERS AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE HORIZON PHARMA WEBSITE.  IN NO EVENT SHALL HORIZON PHARMA'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF HORIZON PHARMA'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE HORIZON PHARMA WEBSITE EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO HORIZON PHARMA FOR ACCESSING THIS WEBSITE; OR (B) TEN U.S. DOLLARS ($10.00).

You represent, warrant and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and (c) you will only use the Horizon Pharma website in accordance with these TOU.

The Horizon Pharma website is designed to provide a general overview of Horizon Pharma and its products to a wide variety of audiences.  The information contained in these pages is not intended to provide medical advice or instruction on the appropriate use of Horizon Pharma's  product candidates. Horizon Pharma's product candidates have not been approved for marketing by the Food and Drug Administration or other foreign regulatory agencies.  The product candidates discussed in this website are either presently being investigated in clinical trials or are in pre clinical research and development.

The information contained in this website is not intended to be used in making any decision relating to an investment in securities of Horizon Pharma.

Any statements in the Horizon Pharma website about future expectations, plans and prospects for Horizon Pharma or its affiliates, including statements about products, product candidates and other statements containing the words "believes," "anticipates," "plans," "expects," "will" and similar expressions, constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  Actual results may differ materially from those indicated by such forward-looking statements as a result of various important factors, including, but not limited to, uncertainties related to Horizon Pharma's early stage of development and clinical trials.  In addition, the forward-looking statements included in the Horizon Pharma website represent Horizon Pharma's views as of the date of placement on the Horizon Pharma website only.  Horizon Pharma anticipates that subsequent events and developments will cause its views to change.  However, while Horizon Pharma may elect to update these forward-looking statements at some point in the future, Horizon Pharma specifically disclaims any obligation to do so.  These forward-looking statements should not be relied upon as representing Horizon Pharma's views as of any date subsequent to the date of placement on the Horizon Pharma website.

You should verify the accuracy of all information, if you intend to rely on it, through independent sources.  Horizon Pharma shall not be liable to you for any action that you take based on the information on this website.

Any communication or information transmitted to Horizon Pharma via the Horizon Pharma website is not confidential, and the sender agrees that Horizon Pharma may use such communication or material for any purpose whatsoever, including reproduction, publication and posting, or as specifically stated in the Privacy Policy on this website.

This website is operated by Horizon Pharma from its offices in Palo Alto, California, USA.  The law of the state of California shall govern these terms and conditions, without reference to its choice of law rules.  Horizon Pharma makes no representation that the information in the website is appropriate or available for use in other locations, and access to the Horizon Pharma website from territories where the content of the Horizon Pharma website may be illegal is prohibited.  Those who choose to access the Horizon Pharma website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Horizon Pharma's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.  These TOU (and the Privacy Policy) set forth the entire understanding and agreement between us with respect to your use of the Horizon Pharma website, and supersedes any prior or contemporaneous understanding, whether in written or oral form, regarding such use.