Sumitomo Pharma America, Inc. Web Site Terms of Use
Effective: July 1, 2023
Sumitomo Pharma America, Inc. and its U.S. subsidiaries and affiliates welcome our web site users. Please read the Terms of Use before using or submitting information on any of our web sites (a "Site" or the "Sites"). YOUR USE OF ANY Sumitomo Pharma America SITE IS SUBJECT TO THESE TERMS OF USE. BY ACCESSING AND USING ANY OF OUR SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. If you disagree with any portion of these Terms of Use, your sole remedy is to immediately discontinue using our web site. Your access of the Sumitomo Pharma America Site for the limited and exclusive purpose of reviewing these Terms of Use does not constitute your acceptance unless you make any further access or use of our Site.
Sumitomo Pharma America Sites are intended for lawful use by U.S. adults only. You may use our web site only if you can form a legally binding contract. Submission of information through this website by anyone under the age of 13 is strictly prohibited. All information provided on Sumitomo Pharma America Sites is for general informational and educational purposes only. Certain sections of Sumitomo Pharma America Sites, or certain Sumitomo Pharma America Sites, may be intended for use by healthcare professionals only. In those cases, healthcare professionals will be asked to self-identify before proceeding to such pages or Sites.
Updates to the Site and these Terms of Use
We reserve the right at any time to without notice modify or
discontinue, temporarily or permanently, this or any Site or any
portion thereof. Sumitomo Pharma America may also, at any time, revise these Terms of
Use. Any such changes to the Terms of Use will be posted on this page,
and we will update the "Updated and Effective" date to reflect the
date of the changes. By continuing to use this or any Sumitomo Pharma America Site after
the posting of such changes, you are bound by any such revisions and
should therefore periodically visit this page to review the then
current Terms of Use.
Availability of the Site
Access to the Site is permitted at Sumitomo Pharma America' sole discretion. Sumitomo Pharma America
reserves the right to withdraw, amend, or restrict the services we
provide on this Site without notice. If you access the web site using
a mobile device, application, or if permitted, via text message, you
are responsible for any and all service fees associated with any such
mobile access, including all applicable message and data rates and
fees imposed by your wireless carrier, and for complying with all
terms of use imposed by your wireless carrier. Sumitomo Pharma America does not represent
or warrant that the web site will be compatible with your mobile
device.
Right to Alter or Remove Content. Right to Suspend
Accounts.
Sumitomo Pharma America reserves the right to alter or delete materials from this or any
Sumitomo Pharma America Site at any time at its sole discretion. Sumitomo Pharma America reserves the right
to remove any abusive, illegal, or incorrect user postings or third
party content from this or any Sumitomo Pharma America Site at any time at its sole
discretion. Pursuant to Section 230 of the federal Communications
Decency Act, providers of interactive computer services are not
considered or treated as publishers or speakers of information that is
provided by other information content providers. Sumitomo Pharma America reserves the
right to suspend or terminate any and all accounts you have created on
a Sumitomo Pharma America Site for your violation of any laws, regulations, or the Terms
of Use.
Privacy
Sumitomo Pharma America is committed to privacy for our Site users. Please see Sumitomo Pharma America'
Privacy Notice, the terms of which are incorporated into these Terms of Use, for
more information.
Medical Information Provided is Not a Substitute for Medical Advice
and Attention
Your use of any Sumitomo Pharma America Site is governed by the Terms of Use. The
information and advice published or made available through this Site
is for informational purposes only, is not a substitute for
professional medical advice or services, and does not constitute a
physician-patient relationship. You should not use the information on
this Site for diagnosing or treating a medical or health condition.
You should consult a physician or other health care provider in all
matters relating to your health, and particularly in respect to any
symptoms that may require diagnosis or medical attention. Any action
on your part in response to the information provided in this Site is
at your discretion. Sumitomo Pharma America makes no representations or warranties with
respect to any information offered or provided on or through any Sumitomo Pharma America
Site regarding treatment, action, or application of medication.
Use of Web Site
You may not (a) decompile, disassemble or reverse engineer the web
site or any portion thereof, (b) attempt to gain unauthorized access
to the web site, any portion thereof or any other computer systems or
platforms through the Website, (c) use any automatic device, program,
algorithm or methodology, or engage in harvesting of e-mail addresses
or other personal information, unsolicited e-mailing, telephone calls
or mailings, spoofing, flooding, overloading, spidering, screen
scraping, database scraping, or any similar or equivalent manual
process to access, acquire, copy or monitor any portion of the web
site or any content on web site, or (d) reverse look-up, trace or seek
to trace any information on any other user of or visitor to the web
site to its source. You agree that you will not use the web site in
any manner that could damage, disable, overburden, or impair the web
site or interfere with any other party’s use and enjoyment of the web
site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the web site.
Forward-Looking Statements
The information included in (or accessible from) this or any Sumitomo Pharma America Site
may contain forward-looking statements that involve risks and
uncertainties, including statements with respect to the safety,
efficacy, potential benefits, and successful development of Sumitomo Pharma America'
pharmaceuticals under development. Among the factors that could cause
actual results to differ materially from those indicated by such
forward-looking statements are: the submission, acceptance, and
approval of regulatory filings; the results of clinical trials with
respect to products under development; the scope of Sumitomo Pharma America' patent
protection with respect to such product candidates; the commercial
success of Sumitomo Pharma America' products; the ability of the company to attract and
retain qualified personnel; the performance of Sumitomo Pharma America' licensees; the
availability of sufficient funds to continue research and development
efforts; and certain other factors that may affect future operating
results and are detailed in any periodic reports filed with the
Securities and Exchange Commission.
Third Party Web Sites and Links
Certain links on Sumitomo Pharma America Sites may lead to sites or sources located on
servers maintained by third parties over which Sumitomo Pharma America has no control. If
you use these links, you will leave Sumitomo Pharma America' Sites. Please remember that
linked sites are not necessarily Sumitomo Pharma America sites and the information could
change without Sumitomo Pharma America' knowledge. Third party linked sites and their
contents should not be attributed to Sumitomo Pharma America (or any of its affiliated
companies) in any manner. Sumitomo Pharma America has not attempted to verify the truth
or accuracy of any third party content and does not make any
representations or warranties about them. Such links are provided for
your convenience only.
User-Provided Content
This Site may make chat rooms, forums, Listservs and message boards
available to its users. By accessing and using any such features, or
by in any other manner sending information to Sumitomo Pharma America, you represent that
you are solely responsible for all the content, including, but not
limited to text, photographs, caricatures, illustrations, designs,
icons, articles, audio clips, and video clips (collectively, "User
Content") that you post, e-mail, or otherwise transmit via this Site.
You represent by posting that your User Content complies with all
applicable laws and regulations, including, but not limited to, the
Digital Millennium Copyright Act. If you submit information through
this web site, you must provide accurate and complete information, and
you agree to update your information to keep it accurate and complete.
Sumitomo Pharma America does not control User Content posted or otherwise transmitted via our Sites and does not guarantee the accuracy, integrity, or quality of such User Content. Any communications you send to this internet site or otherwise to us by electronic mail, with the exception of Personally Identifiable Information as defined in the Sumitomo Pharma America Privacy Policy, shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products incorporating such information.
You will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Sites by you or by others using your username and password. You also grant us a royalty-free, perpetual, irremovable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, or distribute in any manner or medium the materials you post or submit via such features. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Notwithstanding the foregoing, Sumitomo Pharma America will not seek indemnification from you from any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct.
If you believe that material on our Sites infringes your rights under copyright law, please inform our designated copyright agent by sending written notice by U.S. Mail to:
Sumitomo Pharma America, Inc.
Attn: Customer Assistance Center
84 Waterford Drive
Marlborough, MA 01752
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
In any case of disclosure of Personally Identifiable Information to third parties, we will endeavor to ensure that the third party with whom we share your Personally Identifiable Information is required to treat such information in accordance with this Privacy Policy.
No Confidentiality
No confidential relationship shall be established in the event that
any user of this Site should make any oral, written or electronic
response to Sumitomo Pharma America (such as feedback, questions, comments, suggestions,
ideas, etc.). Such response and any information submitted therewith
shall be considered non-confidential, and Sumitomo Pharma America shall be free to
reproduce, publish or otherwise use such information for any purposes
whatsoever, including, without limitation, the research, development,
manufacture, use or sale of products incorporating such information.
NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
NO WARRANTY
INFORMATION ACCESSED THROUGH ANY Sumitomo Pharma America SITE IS PRESENTED IN SUMMARY AND
INTERACTIVE FORM AND IS NOT EXHAUSTIVE. Sumitomo Pharma America MAKES NO WARRANTIES OR
REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY, CURRENCY,
AVAILABILITY OR COMPLETENESS. THIS INFORMATION IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Sumitomo Pharma America MAKES NO WARRANTY THAT
THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES OR
REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT
THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT
RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
Sumitomo Pharma America MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY SERVICES OBTAINED THEREFROM.
In jurisdictions that do not recognize exclusion of implied warranties, the above exclusions may not apply. This exclusion applies in New Jersey.
LIMITATION OF LIABILITY
Sumitomo Pharma America SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM THE USE OR
MISUSE OF ANY INFORMATION PROVIDED ON OUR SITES. IN NO EVENT WILL
Sumitomo Pharma America, ITS SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER
WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN
RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE.
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, "Sumitomo Pharma America" INCLUDES NOT ONLY Sumitomo Pharma America BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
IN NO EVENT SHALL Sumitomo Pharma America BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER Sumitomo Pharma America WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (A) TO THE BODY OR PERSON; OR (B) CAUSED BY Sumitomo Pharma America’ WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST Sumitomo Pharma America MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
Indemnification
You agree to indemnify, defend and hold harmless Sumitomo Pharma America, its officers,
directors, employees, subcontractors, and agents from and against all
losses, expenses, claims, damages and costs, including reasonable
attorneys’ fees, resulting from any violation by you of these Terms of
Use. Notwithstanding the foregoing, Sumitomo Pharma America will not seek indemnification
from you from any losses, expenses, claims, damages and costs,
including reasonable attorneys’ fees, resulting from its own conduct.
Intellectual Property
Copyrights/Trademarks/Intellectual property
All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, Site Content) and all intellectual property rights therein, are owned, controlled, or licensed by Sumitomo Pharma America or other individuals or organizations and are protected by worldwide copyright laws. You may use Site Content for your personal use for non-commercial purposes reference with all copyright, trademark symbols or other proprietary notices retained but no modification or further reproduction of content is permitted. The Site Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances, except as provided herein, without the express written permission of Sumitomo Pharma America. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.
Names, trademarks, service marks, trade names, trade dress, logos, slogans and Sumitomo Pharma America products names appearing on this site, including the "Sumitomo Pharma America" logo, (whether appearing in large print, italics or used with trademark symbols or not and whether registered or not) are trademarks and service marks owned or licensed by Sumitomo Pharma America or its subsidiaries or affiliates or another company. These marks are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Sumitomo Pharma America, except with the express written permission of Sumitomo Pharma America. This site may also contain or reference database rights, design rights, patents, or proprietary information, technologies, products, processes or other proprietary rights of Sumitomo Pharma America and or its subsidiaries or affiliates. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or any other intellectual property right of Sumitomo Pharma America or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Sumitomo Pharma America copyright, trademark, or any other intellectual property right.
Sumitomo Pharma America is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the courts of the country where Sumitomo Pharma America suffers damage. No license is granted to you to use any trademark or intellectual property right of Sumitomo Pharma America or affiliates. You shall not assert any claim or ownership to any such trademarks or intellectual property right.
Non-Commercial Use
Sumitomo Pharma America gives you permission to copy pages of Sumitomo Pharma America Site documents
published herein on the Internet for non-commercial use only, provided
any copy of these documents that you make shall retain all copyright
and other proprietary notices and any disclaimers contained herein.
Governing Laws; Enforcement Use of this Site, the Terms of Use, and the Privacy Policy are governed by the laws of the State in which the Site user resides within the United States without reference to choice of law doctrine. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State in which the Site user resides within the United States.