Terms of Use

Terms of Use

Terms of Use

Effective Date: May 2019

These Terms of Use (“Terms”) govern your access to and use of the websites and online services that we operate and that link to these Terms (the “Services”).

Please review these Terms carefully before using the Services because they are a legal contract between you and Akcea Therapeutics Canada, Inc., a subsidiary of Ionis Pharmaceuticals (“Akcea”). By using the Services, you agree to be bound by and comply with these Terms. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

Agreement to Terms

These Terms of Use (“Terms”) represent a legally binding, contractual agreement between you (“you”) and Akcea Therapeutics, Inc. (“Akcea”, “us”, “our” or “we”) with respect to your use of any website operated by or on behalf of Akcea. By using a web site, you are: (i) representing that you have reached the legal age of majority in your jurisdiction of residence; (ii) indicating your acceptance of, and agreement to be legally bound by, all of these Terms; and (iii) agreeing to comply with all applicable laws and regulations as they may change from time to time.

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE. We suggest you print a copy of these Terms for your records.

Forward Looking Statements

This web site includes forward-looking statements regarding the business of Akcea Therapeutics, Inc., a subsidiary of Ionis Pharmaceuticals, the financial position of Akcea, and the therapeutic and commercial potential of Akcea’s technologies and products in development, including TEGSEDI™ and other products in development. Any statement describing Akcea’s goals, expectations, financial or other projections, intentions or beliefs is a forward-looking statement and should be considered an at-risk statement. Such statements are subject to certain risks and uncertainties, particularly those inherent in the process of discovering, developing and commercializing drugs that are safe and effective for use as human therapeutics, and in the endeavor of building a business around such drugs. Akcea’s forward-looking statements also involve assumptions that, if they never materialize or prove correct, could cause its results to differ materially from those expressed or implied by such forward-looking statements. Although Akcea’s forward-looking statements reflect the good faith judgment of its management, these statements are based only on facts and factors currently known by Ionis. As a result, you are cautioned not to rely on these forward-looking statements. These and other risks concerning Akcea’s programs are described in additional detail in Akcea’s parent company, Ionis Pharmaceuticals’ annual report on Form 10-K for the year ended December 31, 2016, and its most recent quarterly report on Form 10-Q, which are on file with the SEC. Copies of these and other documents are available at www.ionispharm.com.

No Medical Advice

No material on this web site is intended to provide medical advice or recommendations, and you should not rely on any information on this web site as a basis for taking, or not taking, and decisions or actions. Advice specific to your situation should always be sought from a medical professional and the information on this web site, is not intended to replace, supplement, or override such advice.

Intellectual Property

Akcea hereby authorizes you to copy documents published by Akcea on the World Wide Web for non-commercial use within your organization only, provided any copy of these documents which you make shall retain all copyright and other proprietary notices contained herein. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Akcea Therapeutics, Inc., Ionis Pharmaceuticals, Inc. or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Akcea Therapeutics, Inc. or Ionis Pharmaceuticals, Inc. copyright. For greater certainty, you agree that you will not take any action that is inconsistent with Akcea Therapeutics, Inc. or Ionis Pharmaceuticals, Inc. ownership of any content on this web site. Without limiting users of this web site may not republish or reproduce any such content in any manner without the prior written consent of Akcea Therapeutics, Inc. or Ionis Pharmaceuticals, Inc.. For greater certainty, this limited authorization granted above only allows you to view, download or print materials from this website for your own non-commercial use within your organization (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited authorization does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content.

Limitation of Liability

To the fullest extent permitted by applicable law, this publication is provided “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AKCEA THERAPEUTICS, INC. AND IONIS PHARMACEUTICALS, INC., THE RELEASEES” MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER, DEVICE AND SOFTWARE; (II) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEB SITE WILL BE SECURE; (V) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEB SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEB SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE WEB SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEB SITE. YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASEES HAVE ENTERED INTO THIS AGREEMENT WITH YOU AND MAKE THE WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE RELEASEES. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

User Content

Should you view an Akcea Therapeutics, Inc. published document and respond with information including without limitation feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Akcea Therapeutics, Inc. document, such information shall be deemed to be non-confidential and Akcea Therapeutics, Inc. shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Akcea Therapeutics, Inc. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. Without limiting the foregoing, by submitting such content, you grant to Akcea Therapeutics, Inc. a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all such content (in any format or media) that you provide; and (ii) waive all moral rights in and to all such content that you provide through the Community in favour of Akcea. You may only submit content that is original to you and that you have obtained all necessary rights to provide the license and waiver set out above.

Intellectual Property Concerns

The Releasees are not under a legal obligation to actively screen or edit user content or site content, but reserve the right, in their sole and absolute discretion, to modify, edit or remove any content, if a complaint or notice of allegedly infringing materials is received with respect to such content, or for any other reason.

To complain about content, and/or to provide notice of allegedly infringing materials on the web site, please contact:

Daniel J. Moynihan

Chief Compliance Officer, Akcea Therapeutics

Email: dmoynihan@akceatx.com

Electronic Transmissions

The transmission of data or information over the internet may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the web site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the web site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the web site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

Links

This web site may contain links to the websites of our parent, related companies and affiliates, and to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such parent, affiliates or third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this web site to other websites, or references to products, services or publications other than those of Akcea Therapeutics, Inc., do not imply the endorsement or approval of such websites, products, services or publications by Akcea Therapeutics, Inc.

Errors

Unfortunately, there may sometimes be information on the web site that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information if any information on the web site is erroneous or inaccurate at any time without prior.

Termination

If you breach any provision of these Terms you may no longer use the web site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the web site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the web site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the web site and anything relating to or arising from such use. If you are dissatisfied with the web site or with these Terms, then your sole and exclusive remedy is to discontinue using the web site.

Privacy

Without limiting the generality of the terms and conditions of this agreement, your use of the web site is also subject to the terms of the our Privacy Policy (the “Privacy Policy”). Please carefully review the Privacy Policy.

Amendments

We reserve the right, in our sole and absolute discretion, to modify all or a portion of these Terms at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms on the web site and will indicate at the top of this page the date these Terms were last revised. Your continued access to and/or use of the web site after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms, as revised. It is your sole responsibility to regularly check the web site to determine if there have been any changes to these Terms and to review such changes.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the web site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

General

If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.