These Terms of Use (“Terms”) contain the terms on which we supply content or services included on the websites located at https://www.santen/us; https://www.santencanada.ca, and https://www.santen.com/en/innfocusinc, and any of our other websites that link to these Terms (collectively, the “Site”). The Site is owned and operated by Santen, Inc. and/or its subsidiaries (“Santen,” “we,” “us” or “our”). These Terms apply to the Site and all services offered by Santen through the Site.
By accessing or using the Site you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy. Capitalized terms used but not defined in these Terms have the meanings assigned to them in the Privacy Policy.
If you do not agree to these Terms, please stop using the Site immediately.
A few important points:
SANTEN IS NOT A PROVIDER OF MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, PLEASE CONSULT WITH A HEALTHCARE PROFESSIONAL.
We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Site at any time after such changes are posted. If a material change is made, we will notify you through the Site. What constitutes a material change will be determined at our sole discretion. Read through any changes, and if you do not agree to them, please stop using the Site.
Additional terms and conditions may apply to specific services or your use of certain features on the Site. These additional terms are also legally binding.
PROVIDING INFORMATION THROUGH THE SITE
You may choose to provide certain Personal Information via the Site. For example, you may provide your name and contact information when you request information from us. You may provide other Personal Information if you apply for a job using the Site. In some instances, you may be asked to register in order to access certain features or services on the Site. When you register on the Site or provide us with any information, you agree that such information will be accurate and current.
Those who register are responsible for the security and confidentiality of their account, password, and other related information. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site using your information. You agree to notify us of any unauthorized access to the Site or related breach of security.
We may terminate or suspend your access to the Site immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
When you provide us with contact information, you acknowledge and agree that Santen may contact you using the information that you provide to us.
SITE GUIDELINES
You are solely responsible for ensuring that your use of the Site is in compliance with all applicable laws, rules and regulations.
When you interact with the Site, you will be expected to comply with the following guidelines (“Guidelines”):
・Only provide information that is truthful and accurate.
・Do not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
・Do not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any of its Contents, information, data or materials provided through the Site, in any manner not expressly permitted by these Terms or the Site.
・Do not reverse engineer, decompile or disassemble any software, feature or portion of the Site or use automated systems to scrape, harvest, copy or monitor any content on the Site.
・Do not use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Santen.
・Do not use the Site in any way that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or is otherwise objectionable or inappropriate.
・Do not use the Site for commercial purposes.
・Do not post any information or materials to the Site that may contain malicious code, viruses, corrupted files, or use automated technology or software to interact with the Site or to harm or damage the operation of any computer, network or the Site.
CONTENT
All of the content on the Site – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Content”) is owned by Santen or others we license Content from, and is protected under applicable copyright laws. All trademarks, logos, service marks and trade names are owned, registered and/or licensed by Santen, its partners, or their respective affiliates.
You agree not to change or delete any ownership notices from any materials accessed, downloaded or printed from the Site. You also agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivative works from any Content appearing on the Site, without our prior written consent.
NOTIFICATION OF COPYRIGHT INFRINGEMENT (DIGITAL MILLENNIUM COPYRIGHT ACT)
If you are a copyright owner and believe that any content on the Site infringes your copyright, you may file a copyright infringement notification with us by emailing us at info-USA@santen.com.
In your correspondence, please:
・Identify the copyrighted work that you claimed has been infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. If applicable, please provide a copy of the copyright registration certificate.
・Identify the material that you believe is infringing. Be specific and clear, and provide the material’s URL location. It is best to include screenshots.
・Include your contact information (preferably your address, telephone number, and e-mail).
・Include the alleged infringer’s contact information, if available.
・Ensure the following statement is true, and include it: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
・Ensure the following statement is true, and include it: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
・Sign the document (or have a person authorized to act on your behalf sign the document).
・Upon receipt of your notification, we may investigate and/or remove the applicable material at our sole discretion.
SUGGESTIONS & FEEDBACK
If you submit suggestions or feedback to Santen in connection with the Site (“Feedback”), you acknowledge that your Feedback is not confidential and you authorize us to use your Feedback without restriction, and without any payment or obligation to you. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any Feedback and your right to object to any use or treatment of such Feedback.
COMMUNICATIONS
We may communicate with you electronically, including by posting notices on the Site or by responding to your e-mails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you sign up for an account, you may receive emails from Santen. If you consented to receiving promotional emails, you can opt out of receiving such communications from us at any time by:
・sending an email at info-USA@santen.com; or
・following the removal or unsubscribe instructions in the communication that you receive.
Keep in mind that even if you opt-out of receiving promotional communications, we may continue to send you non-promotional messages and other types of communications, as permitted by law, such as transactional emails relating to any ongoing business relationship between us. Transactional emails may contain service-related announcements that affect your account.
LINKS TO THE SITE
You may link to the Site provided that you somehow indicate that the link takes the user directly to the Site, and is fair and not misleading. You may not integrate or make use of all or part of the Site in ways that would confuse or mislead users as to the nature and origin of the Site’s content.
LINKS TO OTHER WEBSITES
The Site may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. Santen has no control over, and is not responsible for any content or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability, sponsorship, endorsement or approval by Santen of these sites or the content contained on these sites.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
IMPORTANT DISCLAIMERS
The Site is not provided with an intent to offer medical advice, nor act as a substitute for any advice, diagnosis, treatment or consultation with a qualified healthcare provider or medical professional such as a doctor or pharmacist. ALWAYS SEEK THE ADVICE OF A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. Never disregard medical advice or delay in seeking it because of something you have read on the Site. Only a doctor or other healthcare provider who has had an opportunity to interact with a patient in person, with access to the patient’s records and the opportunity to conduct appropriate evaluations and follow-up, can provide recommendations for treatment. IF YOU ARE IN NEED OF IMMEDIATE MEDICAL ATTENTION, CALL A MEDICAL PROFESSIONAL AND 9-1-1 OR OTHER APPLICABLE EMERGENCY NUMBER.
Santen makes no representations or warranties, express or implied, as to the completeness or accuracy of any Content included on the Site. All such documents, services, information and content on the Site are provided “as is” without warranty of any kind.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS SITE AND ANY FEATURE ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. SANTEN, AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES (THE “SANTEN PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS SITE, THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, FEATURES, MATERIALS OR SERVICES INCLUDED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SANTEN PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
SANTEN PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SANTEN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF SANTEN PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Santen Parties from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of Santen Parties or any Service Provider or third party vendor, arising out of or in connection with: (a) your use of the Site, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party. This indemnification provision shall apply to third party claims as well as claims between you and Santen Parties under these Terms.
UNITED STATES OF AMERICA AND CANADA
The Site and its contents are intended to comply with the laws and regulations of the U.S. and Canada. Although the information on the Site may be accessible outside of these jurisdictions, the information pertaining to Santen or our services is intended for use only by residents of the U.S. and Canada. We reserve the right to limit the provision of the Site and its services to any person, geographic region or jurisdiction.
GENERAL PROVISIONS
For U.S. users, these Terms are governed by and construed under the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. For Canadian users, these Terms governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its principles of conflicts of law, and regardless of your location. The failure of Santen to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Policy are the entire and exclusive agreement between Santen and you regarding the Site, and these Terms supersede and replace any prior agreements between Santen and you regarding the Site.
CHANGES
We may update and post revisions to these Terms from time to time and will update the Effective Date when we do so. If our Terms of Use or Privacy Policy changes in a way that materially affects how we handle your Personal Information, we will not use the Personal Information we currently maintain without providing you notice or obtaining your consent, where required by law. We encourage you to review this page for the latest information about our practices.
CONTACT US
If you have any questions or concerns about these Terms, please contact us by email at info-USA@santen.com, or write us at: Santen Incorporated, Attn: Corporate Communications, 6401 Hollis Street, Suite 125, Emeryville, California, 94608.