These Terms of Use (“Terms”) were last updated on February 6, 2019.

Kowa Pharmaceuticals America, Inc. (“Kowa”), maintains the website located at www.TakeCholesteroltoHeart.com (“Site”) to provide information and education about high cholesterol as a key risk factor for heart disease. You agree to comply with the Terms in effect at the time of each such access or other use. You also acknowledge that Kowa may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Site. If you do not agree to these Terms, do not use the Site. As used in these Terms, “we” includes Kowa, each of its affiliates, and any third-party vendors we hire to assist in the administration of the Site; the collection, cataloging, and/or analysis of data; and/or the processing or handling of any visitor transactions.

No person under the age of eighteen (18) is authorized to access or use this Site. User access to, and use of, the Site is subject to all applicable laws and regulations. Use of this Site is void where prohibited. By using this Site, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms.

Use of the Site

The Site is for informational and educational uses only. You may print, download, or otherwise reproduce the information contained on the Site for your personal use only. Any commercial use of the information contained on the Site is strictly prohibited. The above license shall not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kowa or our affiliates without our prior express written consent.

We make no guarantees regarding the availability of the Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Site. You agree that we will not be liable to you for any such discontinuance or modification of the Site. Any rights not expressly granted by these Terms are reserved by us.

You are under no obligation to use or continue to use the Site and may temporarily or permanently cease using the Site without notice to Kowa. Any use of the Site, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Site or any portion thereof.

Content

Kowa will use reasonable efforts to provide information that is timely and accurate. Kowa makes no warranty of any kind regarding the site and/or any materials provided on the site, all of which are provided on an “as-is” “as-available” basis. Kowa does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on the site and expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Kowa does not warrant that the site, its servers, or any e-mail sent from it are free of viruses or other harmful components.

Neither Kowa, nor its affiliates, makes any representations, warranties, or guarantees regarding (1) the operation or performance of the site or (2) the internet generally.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction and that may not be limited by these terms, provided, however, you agree and acknowledge that to the extent permissible under applicable law, you waive any such statutory rights with respect to implied warranties.

Limitation of Liability

Kowa assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the website. In no event shall Kowa be liable for any injury, loss, claim, damages, or any special, exemplary, punitive, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the website or content found therein.

Intellectual Property

All content contained on the Site is copyrighted and/or trademarked by Kowa. All content is the property of Kowa unless otherwise stated. All trademarks are the property of Kowa unless otherwise stated. The Terms do not grant any license to modify or alter the content on the Site that is viewed, downloaded, or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Site.

Medical Information

The Site may contain information relating to diseases, disorders, or other medical conditions as well as pharmaceutical compounds, preparations, or products. The information is intended for general or educational use. Consult your healthcare practitioner for more specific information regarding your health.

Privacy

Any personal information or other information about you collected by Kowa through, or in connection with, this Site is subject to our Privacy Policy. The Kowa Privacy Policy [NOTE: this should be a link to the privacy policy] is incorporated into the terms of these Terms by this reference. As indicated in these Terms, this Site is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children, please refer to the Privacy Policy.

Third-Party Websites and Links

The Site may contain, from time to time, links to other third-party websites. These links are provided for your convenience only. Kowa has no control over the content of these sites or their policies. You should review the terms and conditions, and privacy policies, of each site you visit after you leave the Site. You further acknowledge and agree that Kowa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or sites available on or through any such site or resource.

Void Where Prohibited

Although this Site may be accessed from anywhere in the world, the information provided on this Site is intended to comply with the laws and regulations of the United States and its Territories. The information contained on the Site is for use by residents of the United States and its Territories. All offers for products or services contained on this Site are void where prohibited by law. See specific offers for further details.

Indemnity and Release

By using this Site, you agree to indemnify Kowa and its partners, officers, employees, and agents and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Site. By using the Site, you are hereby agreeing to release Kowa and its partners, officers, employees, and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Site.

Governing Law

This Terms of Use Agreement and your use of this Site are governed by the laws of the United States of America and the State of Alabama, without regard to its conflicts of law principles. 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 of Alabama.

Changes to the Terms

We may periodically modify and supplement these Terms, and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent and agreement to the modified Terms.

General Information

For more information about Kowa’s Privacy Policy, please contact us:
Kowa Pharmaceuticals America, Inc.
530 Industrial Park Boulevard
Montgomery, AL 36117