Kyowa Kirin Website Terms of Use

Kyowa Kirin offers you access to this website (the “Site”) and our other U.S. 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. By accessing or browsing the Site and using the Services, you acknowledge that you have read, understand and agree, without limitation or qualification, to the Terms of Use and the Privacy Policy.

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.

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 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 the Terms of Use. Please refer to our Privacy Policy for more information on how we protect the privacy of children.

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 provided for informational purposes only, and 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. In order for you to make appropriate health care decisions, you should consult a physician or other health care provider with any questions you may have regarding a medical condition.

Void Where Prohibited. This Site and its content are designed to comply with the laws and regulations of the United States of America. Although it may be accessed worldwide, this Site and its content are intended only for residents of the United States. This Site may contain links to other websites produced by Kyowa Kirin’s affiliates, some of which are located outside the United States. 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 information in this Site is appropriate or available for use in locations outside of the United States. 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.

Product Information. The product information provided on this Site is intended solely for residents in the United States. 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), 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. 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 labeling and may not be appropriate outside of the United States.

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. We do 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.

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. 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 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 federal or state 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 respects the privacy of visitors to this Site. Please refer to Kyowa Kirin’s Privacy Policy to learn about how we protect your personal information collected through the Services. Our Privacy Policy is located here, and is included in these Terms of Use by reference in its entirety.

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. We do not endorse, and specifically disclaim, 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 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 we and our 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.

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.

We 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, we are under no obligation to do so, and 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. We reserve the right to remove any content which allegedly infringes another person's copyright. We 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 contain links or references to other websites maintained by third parties over whom Kyowa Kirin has no control that we think may be useful or of interest to you. Such links are provided solely for your convenience. We are not responsible for any information or materials on, or any form of transmission received from, any linked or referenced websites. The inclusion of any third-party link does not imply an endorsement or recommendation by Kyowa Kirin. We do not investigate, verify or monitor any linked or referenced websites, and we make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained on such websites. Kyowa Kirin shall have no liability for any damages or injuries of any kind arising from the content or information on any linked or referenced websites, or from the collection, maintenance, or distribution of personal or other information on or from any such websites, whether actively or passively obtained. Your access to any linked or referenced websites is at your own risk and subject to the privacy policies and legal notice provisions applicable to such websites.

Exclusion of Warranty. We attempt to be as accurate as possible when providing you with information about us on the Site; however, to the extent permitted by applicable law, we do not warrant that the content available on the Site is accurate, complete, reliable, current or error- free. Kyowa Kirin assumes no liability or responsibility for any errors or omissions in the content of the Site. Without limiting the foregoing, ALL INFORMATION ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, FREEDOM FROM DEFECTS, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Kyowa Kirin does not warrant that (i) the Services will meet your requirements, or (ii) the operation of the Services will be uninterrupted or virus- or error-free, or (iii) errors in the Services will be corrected. Any oral or written advice provided by Kyowa Kirin or its agents does not and will not create any warranty.

Limitation of Liability. Your access to and use of the Services and the Site are at your risk. To the extent permitted by applicable law, NEITHER KYOWA KIRIN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE SERVICES, EVEN IF KYOWA KIRIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Kyowa Kirin assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to or use of the Services, or your browsing in the Site, or your downloading of any materials, data, text or images from the Site. We reserve the right to interrupt or discontinue any or all of the functionality of this Site and/or the Services. We accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of this Site and/or the Services, whether the result of actions or omissions of Kyowa Kirin, our affiliates or a third party.

Governing Law. The Terms of Use and your use of the Site and the Services shall be governed by the laws of the United States of America and the State of New Jersey without regard to its conflicts of laws principles. Except for legal actions commenced by Kyowa Kirin to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, you consent and submit to the exclusive jurisdiction and venue of the federal and state courts located in the State of New Jersey in all questions and controversies arising out of

Indemnification. You agree to defend, indemnify, and hold harmless Kyowa Kirin and its affiliates and their respective officers, directors, employees, agents, and licensees from any and all liabilities, claims, costs and expenses, including reasonable attorneys’ fees, arising or resulting from: (i) your online conduct and use of the Site or the Services, (ii) your violation of the Terms of Use, (iii) your failure to comply with any applicable laws or regulations, and (iv) your violation of the intellectual property or other rights of any third party.

Miscellaneous. You acknowledge and agree that the 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. If any provision of the Terms of Use is or becomes unenforceable or invalid, then such provision shall be severable,
and the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.

We may, at any time, revise the Terms of Use. All revisions to the Terms of Use will be posted on the Site. You are bound by any such revisions, and accordingly should periodically review the Terms of Use posted on the Site.

Updated July 2020