Last Updated: December 19, 2024

Harmony Bioscience Holdings Inc. and all its direct and indirect subsidiaries (referred to throughout this Notice as “Harmony”, the “Company”, “we”, “our”, or “us”). We are headquartered in the United States under the laws of the State of Pennsylvania. We provide the content and services available on the Site to you subject to the following Terms of Use, the Website Privacy Notice, the Cookie Notice, and other policies and guidelines which you may find throughout the Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these Terms of Use (collectively, these “Terms”). These Terms apply to all of our websites (collectively, the “Site”), or if you otherwise contact or engage with us. For purposes of these Terms, the Site and any services, features, content, or applications furnished by Harmony shall be referred to collectively as the “Services.”

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THIS SITE.

NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF HARMONY PRODUCTS. HARMONY CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS, OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.

1. General Provisions

Unless explicitly stated otherwise, any features or services available at any time on the Site are subject to these Terms. Accessing the Site in any manner, even through automated means, constitutes your use of the Site and your agreement to be bound by these Terms. Harmony may change the terms of these Terms from time to time and will revise the effective date when it does so. Your continued use of the Site after the posted effective date constitutes your agreement to be bound by these Terms as modified, except that modifications do not apply to any dispute arising prior to their effective date. Harmony may change, restrict access to, suspend, or discontinue the Site, or any portion thereof, at any time and in our sole discretion without notifying you.

We may modify these Terms from time to time in our sole discretion without notice to you. Any new features or tools which are added to the current Site shall also be subject to these Terms. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

2. Privacy

Use of this Site is subject to our Website Privacy Notice (“Privacy Notice”) which is accessible here: Website Privacy Notice, and our Privacy Notice is incorporated into, and forms an integral part of, these Terms. Our Privacy Notice describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Notice also sets forth the types and categories of personal information you are permitted to provide Harmony, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Notice carefully.

3. Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, from time to time and in our sole discretion without notice to you. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, without notice to you. You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Harmony, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (iv) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; and/or (iv) access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Harmony. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5. Trademarks

Harmony’s name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of Harmony or its affiliates or licensors. You must not use such marks without the prior written permission of Harmony. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or asking them for personally identifiable information; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (iv) to impersonate or attempt to impersonate Harmony, any Harmony employee, another user of the Site, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and/or (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Harmony or users of the Site, or expose them to liability.

Additionally, you agree not to: (i) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site; (ii) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (iii) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Site; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or (viii) otherwise attempt to interfere with the proper working of the Site.

Machine Learning Prohibitions. You are strictly prohibited from using any information, content, or materials on, or otherwise derived from, the Site for purposes of, or related to, training artificial intelligence technologies, including without limitation, training such technologies to generate text, images, audio, or other content in any style, form, or manner. For the avoidance of doubt, you do not have the right to, and you do not have the right to sublicense others to, reproduce and/or otherwise use any information, content, or materials on or otherwise derived from the Site in any manner for purposes of training artificial intelligence technologies.

7. Reliance on Information Posted

ALL OF THE INFORMATION CONTAINED IN THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR ADVICE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. The Site and the information contained herein should not be used for diagnosing your health, disease or fitness problem. If you are a physician or other qualified healthcare professional, you should not allow the content of this Site to substitute for your own medical judgment, which you should exercise in evaluating the information on this Site. Please thoroughly review the information provided on this Site before deciding whether any of the products, services or treatments mentioned are right for you or others.

8. Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

9. Social Media

Meta (Facebook), X (Twitter), LinkedIn and other social media pages for Harmony are designed to facilitate conversations about our business, core values, career opportunities and advances in healthcare. These pages are not to be used as a forum for discussing specific products (whether Harmony products or another company’s products).

We may not always be able to retweet or otherwise publicly respond to your tweets, or publicly respond to your comments on our social media pages. We also do not continuously monitor these accounts, so please contact us HERE.

Harmony is not responsible for any tweets or comments from third-parties, and tweets or comments tagging Harmony or mentioning Harmony, its products or product candidates or its business or operations do not necessarily reflect our views. Harmony did not create and does not control the user-generated content posted by third-party organizations or individuals, including those in response to tweets or status updates on Harmony’s social media pages. Harmony reserves the right, but is not obligated, to remove content from our social media pages or block users who post content for reasons such as, but not limited to: making statements about unapproved uses of Harmony products or making statements that are or contain information that is unlawful, non-compliant, confidential, offensive, misleading, factually inaccurate, infringes a copyright or other intellectual property rights, or that we deem to be otherwise inappropriate.

10. Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over and do not endorse any features, content, advertising, products, or other materials on those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Disclaimer of Warranties

Your use of the Site and any linked websites is at your own risk. As between Harmony and you, you will be solely responsible for damage to your computer system or other device and loss of data that results from your use of the Site. Without limiting the foregoing, everything on the Site is provided to you “as is” and “as available,” without any warranties of any kind. To the fullest extent permitted by applicable law, Harmony makes no, and disclaims all, warranties, whether express or implied, with respect to the Site, any information on the Site and your use of the Site including, without limitation, any warranties regarding the accuracy, currency or completeness of any information on the website or the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Harmony makes no representations that: your use of the Site will meet your requirements; your use of the Site will be uninterrupted, timely, secure or free from error; any information on the Site will be accurate or reliable; or defects in the Site will be corrected. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

12. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HARMONY OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY SITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BREACH OF PERSONAL INFORMATION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

13. Indemnification; Governing Law

You agree to fully and completely defend, indemnify, and hold harmless Harmony, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content and services, other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

Unless otherwise provided for herein, the Terms shall be governed in all respects by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law principles.

14. Forward Looking Statements

This Site contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.

15. Waiver and Severability

No waiver by Harmony of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Harmony to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

The Terms and our Privacy Notice constitute the sole and entire agreement between you and Harmony regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

17. Changes to the Terms

From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Site signifies your consent to the Terms, as of the “Last Updated” date.

18. Contact Us

If you have questions regarding these Terms, or would like to request more information from us, please contact us HERE.