Kyowa Kirin offers you access to this website (the “Site”) and our other U.S. and Canadian websites, mobile applications, social media forums and other digital services (collectively, the “Services”) subject to these Terms of Use, our Privacy Policy and all applicable laws. These Terms of Use constitute a legally binding agreement between you, the person or entity using the Site or the Services (“you” or “your”), and Kyowa Kirin. If you are entering into these terms on behalf of an entity, you hereby represent and warrant that you have the requisite authority to bind such entity.
These Terms of Use apply to all users of the Site or Services. Please read these Terms of Use carefully before using the Site or Services. By using the Site or the Services, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you acknowledge that you agree to comply with and be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use or Privacy Policy, you must not access or use the Site or Services.
Scope of Use
Kyowa Kirin maintains the Site for your personal information, education, and communication. You may browse the Site and download any material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. However, you may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without the written permission of Kyowa Kirin.
All content of this Site is owned or controlled by Kyowa Kirin or its affiliates and is protected by all applicable copyright laws.
You may access the Site and use the Services solely for lawful purposes. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Kyowa Kirin’s servers or networks or interfere with any other party's use and enjoyment of the Services.
Kyowa Kirin reserves the right to interrupt or discontinue any or all of the functionality of this Site or the Services. Subject to applicable law, Kyowa Kirin accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of this Site or the Services, whether the result of actions or omissions of Kyowa Kirin, its affiliates or a third party.
Eligibility
You must be 13 years of age or older to access and use this site and the services. If you are under the age of 13, you may not access or use this site or the services, or provide us with any personal information. If you are age 13 or older but under the age of majority in your place of residence (age 18 in the u.S.), you represent and warrant that you have reviewed these terms of use with your parent or legal guardian and that you and your parent or guardian understand and consent to these terms of use. Please refer to our privacy policy for more information on how we protect the privacy of children. By using the site or services, you represent and warrant that you meet all of the foregoing eligibility requirements.
No Medical Advice
This site does not provide medical advice. This site may contain information relating to various medical conditions and their treatment. However, this information is generalized, presented in summary form, and provided for informational purposes only. Kyowa Kirin is not engaged in rendering medical or similar professional services. The information provided on this site is not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use this information for diagnosing a health problem or disease. Always seek the advice of a physician or other qualified health provider with any questions regarding a medical condition, your symptoms, or your care. Your use of the site does not create a doctor-patient relationship between you and Kyowa Kirin. In the event of a medical emergency, please call emergency services (9-1-1 in the United States and Canada) immediately.
Geographic Restrictions
This Site and its content are designed to comply with the laws and regulations of the United States of America and Canada. Although it may be accessed worldwide, this Site and its content are intended only for residents of the United States and Canada. This Site may contain links to other websites produced by Kyowa Kirin’s affiliates, some of which are located outside the United States or Canada. Those websites may have information appropriate only to the particular country in which the originating affiliate and website are based. Kyowa Kirin makes no representation that the Site or any of its content is appropriate or available for use in locations outside of the United States and Canada. Nothing in this Site should be interpreted as a promotion or solicitation for any product that is not authorized by the laws and regulations of the country where you are located. If you access the Site from outside the United States and Canada, you do so on your own initiative and are responsible for compliance with local laws.
Product Information
The product information provided on this Site is intended solely for residents in the United States and Canada. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States or Canada), may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a governmental regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on this Site as a promotion or solicitation for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States or Canada. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located. The prescribing information provided on this Site is based on United States and Canadian labeling and may not be appropriate outside of the United States or Canada (as applicable).
Copyrights
The contents of this Site are subject to copyright protection, unless otherwise noted, and may not be used except as provided herein without the written permission of Kyowa Kirin. The contents of this Site may not be copied, other than for non-commercial, individual reference with all copyright or other proprietary notices retained, and thereafter 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 Site 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 permission of Kyowa Kirin. Nothing contained in this Site shall be construed as conferring on you any license or right under any copyright, patent or trademark of Kyowa Kirin, its affiliates, or any third party, whether by implication, estoppel or otherwise. Kyowa Kirin does not warrant or represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Kyowa Kirin.
Removal of Content
Kyowa Kirin may, when necessary and at its sole discretion, terminate the rights of any user who infringes the intellectual property rights of others to use our Site. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the U.S. copyright holder, as soon as Kyowa Kirin receives your notice of claimed infringement, in the form described below, Kyowa Kirin will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Any copyright infringement notice must be in writing and must include the following:
- a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
- a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
- enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
- a statement that you have a good-faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
- a statement that all of the information you have provided is accurate; and
- a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
Attn: DMCA/Copyright Request
Kyowa Kirin Co., Ltd.
510 Carnegie Center
Suite 600
Princeton, NJ 08540
publicaffairs.na@kyowakirin.com
Any DMCA notification by a copyright owner or a person authorized to act on its behalf that fails to comply with DMCA requirements shall not be considered sufficient notice and shall not be deemed to confer upon Kyowa Kirin actual knowledge of facts or circumstances from which infringing material or acts are evident.
Trademarks
The product names, trademarks, trade names, logos and service marks displayed on the Site (collectively, the "Trademarks") are registered and unregistered Trademarks of Kyowa Kirin, our affiliates, business partners or licensors in the U.S., Canada and other countries. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the prior written permission of the Trademark owner. Your use or misuse of these Trademarks, or any other content, such as text, graphics, images, and other material, except as permitted herein, may constitute a violation of applicable laws governing copyrights, trademarks, slander, libel, privacy, publicity and/or communications, and accordingly is expressly prohibited. Kyowa Kirin actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Use of Personal Information
Kyowa Kirin will collect, use and disclose your personally identifiable information in accordance with Kyowa Kirin’s Privacy Policy. Our Privacy Policy is located here, and is hereby incorporated in these Terms of Use by reference.
Unsolicited Submissions
Certain areas of the Site may enable you to access online user forums and to submit emails, or otherwise provide feedback to Kyowa Kirin. Kyowa Kirin does not endorse, and (subject to applicable law) specifically disclaims, any responsibility or liability for the content in these forums. Subject to any applicable terms and conditions set forth in our Privacy Policy, any unsolicited communication or other materials that you submit to us through the Internet or post on this Site or send by email or otherwise, such as data, proposals, questions, comments, suggestions or similar materials and information (collectively, “Submissions”), is and will be treated as non-confidential and nonproprietary information, and Kyowa Kirin shall have no obligation of any kind with respect to such information. Any Submissions you transmit or post become the property of Kyowa Kirin and may be used for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. By transmitting or posting any Submission, you waive any and all moral or author’s rights in any such Submission, and you hereby grant Kyowa Kirin a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, transfer, sell, assign, create derivative works from, distribute, sublicense, perform and display any Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that Kyowa Kirin and its affiliates may use any ideas, concepts, know-how, processes or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Kyowa Kirin reserves the right to: (i) remove, suspend, or modify any Submission in its sole discretion at any time and for any reason without notice to you; and (ii) to remove, suspend, or block any Submission. Subject to applicable law and our Privacy Policy, Kyowa Kirin also reserves the right to access, preserve, and disclose any information it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Kyowa Kirin, its users, and the public.
You acknowledge that each Submission is the sole responsibility of the person who made such Submission. You are solely responsible for all Submissions that you post, email, or otherwise transmit to the Site. Kyowa Kirin does not control the Submissions posted, emailed, or otherwise transmitted on the Site by others and does not guarantee the accuracy, integrity, or quality of such Submissions.
Social Media Features
You may link to the Site's homepage, provided you do so in a way that is fair and legal and does not in bad faith damage Kyowa Kirin's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Kyowa Kirin's part. This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Kyowa Kirin. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with Kyowa Kirin in causing any unauthorized framing or linking immediately to stop. Kyowa Kirin reserves the right to withdraw linking permission without notice. Kyowa Kirin may disable all or any social media features and any links at any time without notice in our discretion.
Prohibited Transactions
You may not post or transmit any Submission that constitutes or contains commercial solicitation, chain letters, mass mailings or any form of "spam." You may not post any unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, indecent, inflammatory, pornographic or profane material, or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, except with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your access to or use of the Site.
Kyowa Kirin may from time-to-time monitor or review areas on this Site where users may transmit or post Submissions, including discussion groups, bulletin boards, chat rooms, postings and user forums. However, Kyowa Kirin is under no obligation to do so, and, subject to applicable law, assume no responsibility or liability arising from the content of any such locations, nor for the accuracy of any posted information, including but not limited to information, data, opinions, advice or statements transmitted or posted in these areas. Kyowa Kirin reserves the right to remove any content which allegedly infringes another person's copyright. Kyowa Kirin will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
Third-Party Websites and Links
This Site may provide access to third-party websites and services. Kyowa Kirin does not control the content of such websites and services, and is not responsible for their content, practices, or standards. Inclusion of any third-party link does not imply a recommendation or endorsement by Kyowa Kirin. Subject to applicable law, Kyowa Kirin is not responsible for any damages or injuries of any kind arising in connection with the content of linked third-party sites, services, advertisements, or other resources framed within the Site. Kyowa Kirin does not make any representations regarding the content of any third-party sites and services. Your use of third-party sites and services is at your own risk and subject to the terms and conditions of use for such sites.
Term and Termination
The term of these Terms of Use shall commence upon your use of the Site or Services (or other acceptance) and will remain in effect unless sooner terminated in accordance with these Terms of Use. You may terminate your use of the Site or Services at any time. Subject to applicable law, Kyowa Kirin may terminate these Terms of Use for any reason, at any time and without notice or liability, which may result in the destruction of all information associated with your use of the Site or Services. Kyowa Kirin may also immediately terminate your access to the Site or Services if you breach these Terms. Upon termination of these Terms of Use, your right to access the Site or Services will immediately cease.
Disclaimers of Warranty
Except where prohibited by applicable law, this site and the services are provided "As is". Kyowa Kirin, its affiliates, its licensors, and its suppliers (the “covered entities”), to the fullest extent permitted by applicable law, disclaim all warranties and conditions of any kind, whether express, implied, statutory, collateral or otherwise, including but not limited any implied warranty or condition of merchantability, quality, durability, accuracy, non-infringement of third parties' rights and fitness for particular or general purpose, as well as any warranty or condition that may arise from course of dealing or course of performance or usage of trade. Without limiting the foregoing, the covered entities make no representations or warranties about the accuracy, reliability, completeness, currentness, suitability, or timeliness of the site and the services. To the fullest extent permitted by applicable law, Kyowa Kirin makes no warranty and disclaims any condition that this site or the services will be available continuously, error free, or free of viruses or other harmful components.
To the fullest extent permitted by applicable law, in no event shall the covered entities or any third parties mentioned on this site or the services be liable for any damages resulting from the use of this site or the services, any failure of performance or other loss of use related to this site or the services, or otherwise arising out of or relating to these terms of use. Do not discontinue use of any prescription medications without consulting your healthcare provider. No information that you obtain from our personnel or via the site or the services shall create any warranty not expressly provided for in these terms.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the covered entities be liable for any direct, indirect, incidental, special, consequential, exemplary, aggravated or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if kyowa kirin has been advised of the possibility of such damages), arising out of or resulting from: (a) use of the site or services; (b) unauthorized access to your data; (c) conduct of any third party on our site or services; or (d) any other matter that relates to these terms of use or is beyond our reasonable control.
Except where prohibited by applicable law, the maximum liability of the covered entities to you under all circumstances for all losses (whether in contract, tort (including, but not limited to, negligence), or otherwise) shall not exceed the greater of one hundred dollars (usd) or the amount paid by you to access our services. If any portion of this limitation of liability is found to be invalid, our liability is limited to the fullest extent permitted by law. If you are not a consumer under applicable law, you agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between kyowa kirin and you, and the site and services would not be provided without such limitations
Governing Law
Except where prohibited by applicable law, all matters relating to the Site, the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). Except where prohibited by applicable law, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Site or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey, although Kyowa Kirin retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. Subject to applicable law, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Indemnification
Subject to applicable law, you, on behalf of yourself, your personal representatives, and your heirs, hereby voluntarily agree to release, hold harmless, defend, and indemnify Kyowa Kirin, its affiliates and any of Kyowa Kirin’s and its affiliates’ officers, directors, shareholders, employees, agents, affiliates, representatives, sublicensees, successors, and assigns (the “Kyowa Kirin Indemnified Parties”) from any and all claims, actions, damages, or other losses which may result from: (a) your use of the Site or Services; (b) your violation of these Terms of Use; (c) your failure to comply with any applicable laws or regulations; or (d) your violation of the intellectual property or other rights of any third party. Such indemnity obligation shall apply to all claims or demands of any kind except to the extent arising solely from the gross negligence or willful misconduct of the Kyowa Kirin Indemnified Parties
Miscellaneous
You acknowledge and agree that these Terms of Use, including the Privacy Policy incorporated herein, constitute the complete and exclusive agreement between Kyowa Kirin and you concerning your use of the Site and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site or Services.
No waiver by Kyowa Kirin of any term or condition set out in these Terms of Use 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 Kyowa Kirin to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 of Use will continue in full force and effect.
All provisions of these Terms of Use which, by their nature, should survive termination, including, without limitation, warranty disclaimers, limitations of liability, and provisions regarding use of your personally identifiable information, shall survive termination.
Modifications to the Terms of Use
Kyowa Kirin may revise and update any part of these Terms of Use from time to time in our sole discretion. Subject to any notice obligations under applicable law, all changes are effective immediately when Kyowa Kirin posts them and apply to all access to and use of the Site or Services thereafter. Subject to applicable law, your continued use of the Site or Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to periodically review these Terms of Use so you are aware of any changes
Contact Us
If you have any questions relating to the Site, the Services, or these Terms of Use, or if you would like to receive a copy of these Terms of Use in an alternative format, please contact us publicaffairs.na@kyowakirin.com