Otsuka Canada Pharmaceutical Inc.

Terms of Use

This Website (the "Site") contains information about Otsuka Canada Pharmaceutical Inc. ("OCPI") and its parent company, affiliates and subsidiaries (collectively the "Company") including information about OCPI and Company Products. Your access to and use of this Site is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and using this Site, you are deemed to have read and are indicating your acceptance of, and you agree be bound by and to comply with these Terms of Use without limitation or qualification and you acknowledge that these Terms of Use supersede any other agreement between you and OCPI regarding the Site. These Terms of Use are a legal agreement between you and OCPI. If you do not agree with these Terms of Use, please exit and do not use the Site. Wherever used in these Terms of Use, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the services on the site. To the extent permitted under applicable law, these Terms of Use may be revised by OCPI from time to time and you should therefore review them periodically at www.otsukaCanada.com on your next visit to the Site. Your continued use of this Site, following any such change, will be deemed as acceptance of such changes.

1. THIS SITE AND ALL INFORMATION CONTAINED HEREIN IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. OCPI AND COMPANY MAKE NO, AND DISCLAIM ANY AND ALL, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO THE QUALITY, ACCURACY, USEFULNESS, SUITABILITY, SECURITY, RELIABILITY, CURRENCY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED OR REFERENCED ON THE SITE), EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR THAT THE SITE WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. OCPI AND COMPANY EXPRESSLY DISCLAIM ANY OBLIGATION TO UPDATE ANY INFORMATION ON THE SITE. OCPI AND COMPANY ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, SECURITY, AVAILABILITY, OR COMPATIBILITY, OF THE SITE.

2. YOU AGREE THAT ACCESS TO, AND THE CONTENTS OF, THIS SITE ARE AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A SECURE MEDIUM AND PRIVACY AND CONFIDENTIALITY CANNOT BE GUARANTEED. YOU AGREE THAT IN NO EVENT WILL OCPI, COMPANY AND THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, EMPLOYEES, AGENTS, DIRECTORS OR OFFICERS, BE LIABLE (WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, LAW OR EQUITY) TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN INFORMATION ON THE SITE, YOUR ACCESS OF ANY OTHER HYPERLINKED OR REFERENCED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF OCPI OR COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. IF YOU VIOLATE THESE TERMS OF USE, YOU HEREBY AGREE TO INDEMNIFY AND HOLD OCPI, COMPANY AND THEIR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, EMPLOYEES, AGENTS, DIRECTORS AND OFFICERS, HARMLESS FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, EXPENSE, LIABILITY AND COST, RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH VIOLATION.

4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, EXCLUSIONS AND INDEMNIFICATIONS CONTAINED IN THESE TERMS OF USE ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES, AND THAT OCPI WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE BUT FOR YOUR AGREEMENT TO SUCH LIMITATIONS AND EXCLUSIONS.

5. Any information (excluding personally identifying information) from you to OCPI or Company through this Site is hereby deemed to be non-confidential and non-proprietary and neither OCPI nor Company shall have any obligation of any kind with respect to such information and OCPI and Company shall be free to reproduce, use, disclose and distribute the information to others without limitation and without compensation to you. OCPI and Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose without compensation to you, including without limitation for developing, manufacturing and marketing products incorporating such information.

6. The information on this Site may contain technical inaccuracies or typographical errors. OCPI reserves the right to change, correct, alter, delete and improve the information on the Site, and to the Products and Programs described in such information, at any time, for any reason, without notice, and neither OCPI, nor Company will be liable in any way for possible consequences of such changes, corrections, alterations, deletions, or improvements.

7. Certain sections of the Site may contain information about OCPI's and Company's Products that may not be available in all countries. Approved indications, dosages, restrictions and product presentations may vary from country to country where such products are sold. Information that OCPI or Company publishes on the internet, including on this Site, may contain references or cross-references to Company Products, Programs and Services that are not announced or available in your country. Such references do not imply that Company intends to announce such Products, Programs or Services in your country. Company reserves the right to limit provision of our Products, Programs and Services to any person, geographic region or jurisdiction and/or to limit the quantities of any Products, Programs or Services we provide. You should consult your local Company business contact for information regarding the Products, Programs and Services that may be available to you. Any offer for any Product, Program or Service made in the information on this Site is void where prohibited.

8. The Site may contain information related to medical conditions and their treatment. It is not the intention of OCPI or the Company to provide medical advice, diagnosis or recommend treatment from the Site. You should not use the information contained on the Site to diagnose a health or fitness problem or disease. You should consult with your doctor, pharmacist or other healthcare professional if you have any medical questions as only a healthcare professional can determine if a particular course of treatment is right for you. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DESCRIBED IN THE SITE. NEITHER OCPI, NOR THE COMPANY IS RESPONSIBLE FOR ANY INJURY OR LOSS WHICH MAY ARISE FROM YOUR RELIANCE ON INFORMATION CONTAINED ON THE SITE.

9. Trademarks and Copyright:

(a) The images and information contained in the Site are, to the fullest extent possible, copyrighted by and otherwise proprietary to, OCPI or Company. It is the policy of OCPI and Company to enforce their respective intellectual property rights to the fullest extent of the law, including (where applicable) seeking criminal sanctions.

(b) OCPI, on behalf of itself and Company, hereby authorizes you to copy materials, documents or pages published by OCPI or Company on the Site for your personal, non-commercial use only, provided that: (i) any copy of these materials, documents or pages that you make retains all copyright and other proprietary notices and any disclaimer contained therein; (ii) you make no modifications to the materials documents or pages; and (iii) you do not use the materials, documents or pages in any manner that suggests an association with any of Company's Products, Programs or Services. Any other reproduction, retransmission, modification or use of this Site's contents, including materials, documents or pages, requires the prior written consent of OCPI. Each Website to which the Site links remains subject to its own copyright notices. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right to any Company copyright.

(c) The trademarks, trade names, logos, taglines, slogans and service marks (collectively the "Trademarks") displayed on the Site, whether or not appearing in different type or with the trademark symbol, are registered and non-registered Trademarks owned by, or licensed to, OCPI, Company, and their affiliates, subsidiaries or related companies. Nothing on this Site should be construed as granting to you or any third party, by implication, estoppels or otherwise, any license or right to any Trademark or other intellectual property of OCPI or Company, including but not limited to copyright or patents.

(d) Your use or misuse of the Trademarks or any other information or materials on the Site, except as permitted herein, is expressly prohibited.

10. If you believe in good faith that information on the Site infringes your copyright, you (or your agent) may send OCPI a notice requesting that the materials be removed from the Site and must contain the following: (a) a physical or electronic signature of the owner of the infringed right or of another person authorized to act on the owner's behalf; (b) identification of the copyrighted work or other intellectual property that you believe has been infringed, or, if multiple copyrighted works are covered by a single notice, a representative list of such works; (c) a description of where the allegedly infringing material is located on the Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You can send such notice to OCPI-IntellectualPropertyLawMatters@otsuka.com

11. Personal information available to OCPI or Company through your use of this Site is processed only in accordance with the OCPI Privacy Policy (the "Privacy Policy"). The Privacy Policy is hereby incorporated into, and forms part of these Terms of Use. By accessing and using the Site you are consenting to (or promising that you have obtained appropriate consent for) OCPI's collection, use and retention of your personal information in accordance with the Privacy Policy as and where applicable.

12. This Site may contain links to third party Websites and third-party information. The content of such Websites and such third-party information are not controlled or influenced by OCPI or Company. Any such links or information provided are merely as a convenience, and neither OCPI nor Company is liable for your use of any third-party sites. In addition, a link to a third-party Website does not mean that OCPI or Company endorses or accepts any responsibility for the content of such third-party Website, or the consequences of your use thereof.

13. Except as otherwise expressly permitted by OCPI or Company in writing, you agree that you will not access or search, or attempt to access or search, areas of OCPI's or Company's computer systems or other information contained on Company systems, for any purpose, except through OCPI's available interfaces. Other than as set out in these Terms of Use, you agree that you will not use any robot, spider, other automatic or manual process or device to "screen scrape", monitor, "mine", distribute, modify, enhance, translate, reproduce, alter, tamper with, make derivative works of, or copy web pages on the Site or the information contained therein without OCPI's express written permission. You will not modify another Website so as to falsely imply that it is associated with OCPI, Company or any Company products or services. You agree that you will not spam any other user of the Site for any reason. You agree that you will not use any devices, software or routine to interfere, or attempt to interfere, with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on OCPI's or Company's infrastructure. You agree that you will not use framing techniques to enclose any Trademark or other proprietary information of OCPI or Company, including images, frames, content, layout or design found on any page of the Site without OCPI's express written consent.

14. OCPI reserves the right, in its sole discretion, to suspend, restrict or terminate your access to the Site, any information on the Site, and other Company Websites for any reason and at any time without notice, including if you violate these Terms of Use.

15. You may not assign these Terms of Use or any of your rights or obligations under these Terms of Use to a third party without the prior written consent of OCPI. OCPI may assign these Terms of Use or its rights or obligations under these Terms of Use to any party at any time without notice to you. Subject to the foregoing, these Terms of Use shall enure to the benefit of and be binding upon you and OCPI and their respective successors (including any successor by reason of amalgamation) and assigns.

16. These Terms of Use are governed, interpreted and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without giving effect to any principles of conflicts of laws contained therein, and you hereby consent and submit to the exclusive jurisdiction of the Courts of Ontario. These laws apply to your access to, or use of, the Site, notwithstanding your domicile, residency or physical location. The Site is intended for use only in jurisdictions where it may lawfully be offered for use.

17. Failure of OCPI to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision and no waiver of such right or provision shall be deemed a further or continuing waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be void, invalid or unenforceable, the parties hereto nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting, or additional, communications, understandings, or agreements (including, but not limited to, any prior versions of these Terms of Use). Sections 2, 3, 5, 9 and 13 to 17 of these Terms of Use, and any provisions which by their nature survive, shall survive the termination of these Terms of Use. It is the express wish of the parties to these Terms of Use that these Terms of Use and all related documents be in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

© 2015 Otsuka Canada Pharmaceutical Inc. All rights reserved. Terms of Use last updated: March 1, 2015

Contact Us

1 888 997-9017
514 332-3001

Location
2250 Alfred-Nobel Boulevard,
St-Laurent, Quebec,
Suite 301
H4S 2C9


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