TERMS AND CONDITIONS OF USE

 

These Terms and Conditions of Use (“Terms of Use”) constitute a legal agreement between you and Patientricity MedPartners K.K (“PMP”) governing your access to, use of and/or registration with PMP’s website located at [www.patientricitymp.com] (the “Site”), including any content, functionality and services offered on or through the Site (collectively, the “Services”), whether as a guest or a registered user. 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICES.  IF AT ANY TIME ANY PART OF THESE TERMS IS NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY TERMINATE USE OF THE SERVICES.

 

By accessing, browsing, reviewing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these terms without limitation or qualification, and that you shall comply with any and all applicable laws, rules, and regulations.  

 

PRIVACY

Please refer to our Privacy Policy for information regarding our collection, use, and storage of user’s information.  If you do not desire your information to be processed or otherwise used as set forth in our Privacy Policy, you must not access or use the Services.

 

CHANGES TO THE TERMS OF USE

We reserve the right to change, modify, add or delete portions of these Terms of Use at any time without prior notice.  All changes are effective immediately when we posts them and apply to all access and use of the Services.  Your continued use of the Services following the posting of the revised Terms of Use means that you accept and agree to the changes.

 

ACCESSING THE SERVICES AND ACCOUNT SECURITY

We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Services, or the entire Site, to users, including registered users.

 

You are responsible for making all arrangements (e.g. communication services, computer equipment and other products or services) necessary for you to have access to and use the Services.  You shall be responsible for all charges associated with accessing and maintaining a connection to the Site including, but not limited to, charges imposed by an internet service provider, or your local telephone company.  You are responsible for ensuring that all persons who access the Services through your internet connection are aware of the Terms of Use and comply with them.

 

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Services that all information you provide on or through the Services is correct, current and complete.  You agree that all information you provide to register with the Site or otherwise on or through the Services, including but not limited to through the use of any interactive features of the Site, is governed by our Privacy Policy.  Unless you elect otherwise by making the appropriate selection on the PMP personal information page, PMP shall have the right to disclose certain limited registrant information including, but not limited to, the registrant’s name, email and mailing address, to affiliates, partners and third party vendors for the purpose of providing registrants with information about products and services.  PMP shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant.  PMP shall have the right to send you electronic mail to inform you of changes or additions to the Site or of any products and services of PMP.  For additional information, see PMP’s Privacy Policy.

 

Individual subscriptions to the Site are available only to persons who are at least 18 years of age.  Minors may receive access keys or user ID/password only as part of an authorized group subscription.  Your right to use the Site is personal to you and cannot be transferred to any other person.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

INTELLECTUAL PROPERTY RIGHTS

The Site and all the information it contains, or may in the future contain, including but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, texts, directories, guides, photographs, illustrations, trademarks, trade names, service marks, and logos (collectively, the “Content”), is the property of PMP and/or its licensors, and is protected from unauthorized copying and dissemination by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Certain of the trademarks and logos displayed on the Site are owned by third parties.  Except as we have described in these Terms of Use, nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Services or any content displayed on the Site, through the use of framing or otherwise, without the prior written consent of PMP or such third party that may own the trademark or copyright of material displayed on the Site.  You are granted limited license only, subject to the restrictions provided in these Terms of Use for purposes of viewing the material contained on the Site.

 

You must not:

1. Modify copies of any material from the Site;

2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;

3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies or materials downloaded from the Site;

4. Publish any material downloaded from the Site in any media;

5. Sell, sublicense, and/or otherwise commercialize any material contained on the Site;

6. Publicly perform and/or show any material contained on the Site;

 

If you wish to use any material on the Site other than as set out above, please address your request to: info@patientricitymp.com.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  If we opt for you to destroy the materials, you should provide us with proof of such destruction.  No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by PMP.  Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

PROHIBITED CONDUCT

You agree to use the Services only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Services:

1. In any way that violates any applicable laws and regulations (including without limitation, any laws regarding the export of data or software to and from Japan or other countries);

2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms of Use;

4. To impersonate or attempt to impersonate PMP, a PMP employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm PMP or users of the Services or expose them to liability.

6. Use the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

7. Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose.

8. Use any device, software or routine that interferes with the proper working of the Services.

9. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

10. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.

11. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Services.

12. Engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Site, or while using the Services.

13. To engage in any advertising or marketing or any solicitation of funds, goods or services, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

14. You may not use the Services to solicit subscribers to join other online information services that are competitive with the Services.

 

NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION

There may be delays, omissions or inaccuracies in the information obtained through your use of the Services.  The information on the Site is provided to you with the understanding that PMP’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services, and that the Site is provided only as a platform for the promotion of PMP’s Services.  Information on the Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisers.  If you require such professional consultation or advice, we request you to contact us directly through the contact page provided on the Site or email us at info@patientricitymp.com.

 

RESPONSES TO ONLINE REQUESTS

From time to time, PMP may offer to provide information or materials via email or otherwise to interested persons.  PMP reserves the right, in its sole discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

 

CONTENT MATERIAL AND REMOVAL

PMP does not and cannot review generally the content posted by users of the Site (“Users’ Content) and is not responsible for such Users’ Content.  However, PMP reserves the right to cancel your access to these areas and/or delete, move, or edit any Users’ Content (including messages posted in any forum) that it may determine, in its sole discretion, violates the Terms of Use.  You shall remain solely responsible for all Users’ Content posted by you or by any other person using your account.  PMP shall have the right, but not the obligation, to correct any errors or omissions in any Users’ Content, as it may determine in its sole discretion.  

 

PMP prohibits the posting of any information that infringes or violates the copyright and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.  PMP will remove any posted submission that infringes the copyright or other intellectual property right of any person under any applicable trademark or copyright law.

 

USER POSTINGS

You acknowledge and agree that PMP owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share or otherwise publish on the Site (“Submissions”).  You hereby waive any and all claims against PMP for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with PMP’s use and publication of such Submissions.  This means that anything posted, submitted, shared or otherwise published by you to the Site shall be owned by PMP and may be used by PMP for any purpose, now or in the future, without any payment to, or further authorization by you.  In the event PMP’s ownership of such Submission is successfully contested, you automatically grant PMP a perpetual royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes.  In addition, you hereby waive all claims against PMP for any actual or alleged violation of any privacy or publicity rights, moral rights, or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Submissions. 

 

PMP does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any user of the Site, information provider or any other third party.  PMP expressly disclaims any and all liability related to Submissions, and you acknowledge and agree that any reliance upon such Submissions shall be at your sole option, liability and risk. 

 

ACCESS TO AND AVAILABILITY OF THE SITE

The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

 

RESTRICTION, SUSPENSION OR TERMINATION

PMP reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.

 

PMP may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any Services feature, database, or content, without prior notice or liability.

 

LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair legal and does not damage our 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 our part without our expressed written consent.

 

The Services may provide certain social media features that enable you to:

1. Link from your own or certain third-party websites to certain content on the Services.

2. Send emails or other communications with certain content, or links to certain content, available on or through the Services.

3. Cause limited portions of content of the Services 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 us and solely with respect to the content they are displayed with.  Subject to the foregoing, you must not:

1. Establish a link from any website that is not owned by you.

2. Cause the Services or portions thereof to be displayed, or appears to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

3. Link to any part of the Services other than the homepage.

4. Otherwise take any action with respect to the materials of the Services that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our sole discretion.

 

THIRD PARTY LINKS

The Site may contain links to site on the internet that are owned and operated by third parties (the “External Sites”).  You acknowledge that PMP is not responsible for the availability of, or the content or software applications located on or through any External Site.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or External Sites.

 

GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in Japan.  We provide the Services for use by persons or juridical entities worldwide, especially biotech and biopharma companies in Japan, United States, United Kingdom, or a European Union Member State.  Access to the Services may not be legal by certain persons or in certain countries.  If you access the Services from outside the aforementioned countries, you do so on your own initiative and are responsible for compliance with local laws.

 

PROTECTED HEALTH INFORMATION

Our Site and Services are not intended for use with protected health information.  We do not desire to receive, nor are you permitted to provide or otherwise make available through our Services any protected health information.  You represent and warrant that you will not directly provide or otherwise make available any protected health information through our Services.

 

DISCLAIMER OF WARRANTIES

THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER PMP, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.  NEITHER PMP NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PMP, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL PMP NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF PMP, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You hereby agree to indemnify, defend and hold PMP, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the "PMP Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by PMP or any PMP Representative in connection with any claim arising out of any use or alleged use by you of the Site or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions.  PMP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with PMP's defense of such claim.

 

CHOICE OF LAW

These Terms of Use shall be construed in accordance with the laws of the Japan, without regard to conflict of laws principles.

 

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

 

NO AMENDMENT OR WAIVER

The Terms of Use may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of PMP.