You should read these terms carefully before you start to use the web site. These terms significantly affect your legal rights, remedies and obligations, including by containing important limitations on and exclusions of our liability to you.

TERMS OF USE

This website (the “Site”) contains information about Taiho Pharma Canada, Inc., its parent company, its divisions, its affiliates, and its subsidiaries (collectively, “Company”). Access to and use of this Site is intended for Canadian residents and is subject to the following terms and conditions and all applicable laws. By accessing and using the Site, you agree to be bound by and to comply with this Terms of Use Agreement without limitation or qualification and you acknowledge that it supersedes any other agreement between you and Company regarding this subject matter. If you do not agree with these Terms of Use, please exit and do not use the Site. These Terms of Use may be revised by Company from time to time and you should therefore review them on your next visit to the Site. Your continued use of the Site following any such posting will be deemed as consent to the new notice, term or condition.

1. THE SITE AND THE INFORMATION ON THE SITE (“INFORMATION”) ARE PROVIDED “AS IS.” COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND (INCLUDING REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR REFERENCED ON THE SITE), EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION. COMPANY FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE MATERIAL HEREIN OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.
2. ALL USERS OF THE SITE AGREE THAT ACCESS TO AND THE CONTENTS THEREOF ARE AT THEIR OWN RISK. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE MATERIAL WILL NOT BE FREE OF INTERRUPTIONS, THAT THE SITE AND THE MATERIAL MAY CONTAIN ERRORS, INACCURACIES OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. COMPANY DOES NOT WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM ANY USE OF, ACCESS OF OR INABILITY TO USE THIS WEBSITE, THE INFORMATION CONTAINED HEREIN, OR 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 WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. You will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. In addition to, and without limiting, any other prohibitions set out in these Terms of Use, you may not do any of the following when accessing or using the Site:
   1. use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
   2. engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
   3. impersonate others, including a Company employee or representative, or other members or visitors to the Site;
   4. upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law;
   5. use any robot, spider, scraper or other automated means to access the Site or to harvest, scrape or otherwise collect information from the Site; or
   6. upload any commercial content or solicit others to join or become members of any other online service or other organization.
4. Subject to applicable terms and conditions of Company’s Privacy Policy, any communication from you to Company via the Site shall be deemed to be non-confidential and non-proprietary and Company 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 and without compensation to you. Company shall be free to use any ideas, concepts, know-how, or techniques contained in such communication for any purpose without compensation to you, including without limitation for developing, manufacturing and marketing products incorporating such information.
5. The Information may contain technical inaccuracies or typographical errors. Company reserves the right to make changes, corrections, and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice.
6. Certain sections of the Site contain information about Company's products that are not available in all countries. Approved indications, dosages, restrictions and product presentations may vary from country to country where such products are sold. Information that Company publishes on the Internet 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 and services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. 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 or service made in the materials on this Site is void where prohibited.
7. The Site may contain information related to medical conditions and their treatment. It is not the intention of Company to provide medical advice, diagnosis or 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, OR ALTERING YOUR USE OF ANY PRODUCT, DESCRIBED IN THE SITE. COMPANY IS NOT RESPONSIBLE FOR ANY INJURY OR LOSS WHICH MAY ARISE FROM RELIANCE ON INFORMATION CONTAINED ON THE SITE.
8. Trademarks, Copyright and Patents:
   1. The images and Information contained in the Site are, to the fullest extent possible, copyrighted and otherwise proprietary. It is the policy of Company to enforce its intellectual property rights, including trademark, copyright and patent rights, to the fullest extent of the law, including (where applicable) seeking criminal sanctions. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right with respect to Company’s trademark, copyright or patent protected material, unless expressly provided for herein.
   2. Company hereby authorizes you to copy materials, documents or pages published by Company on the Site for your personal, non-commercial use only, provided that (i) any copy of these documents that you make retains all copyright and other proprietary notices and any disclaimer contained herein, (ii) you make no modifications to the materials, and (iii) you do not use the materials in a manner that suggests an association with any of Company’s products or brands. Any other reproduction, retransmission, modification or use of this Site's contents requires the prior written consent of Company. Each website to which the Site links remains subject to its own copyright notice. Nothing contained herein shall be construed as constituting a waiver of any moral rights in association with the copyrighted works.
   3. The trademarks, logos, icons, domain names and trade names (collectively the “Trademarks”) displayed on the Site, whether or not appearing in different type or with the ™or ® trademark symbol, are registered and/or non-registered trademarks or trade names owned by or licensed to Company, its affiliates, subsidiaries or related companies. You may not use, copy, reproduce, republish, transmit, distribute, or modify the Trademarks of the Company or its parent or affiliate entities in any way, without the Company’s prior express written consent. The use of any of the Trademarks on any other website or network computer environment, for example, the storage or reproduction of the Site (or any part of) in any external internet site is prohibited, without the express written consent of the Company. Certain other trademarks, logos, icons, domain names and trade names provided on the Site are the trademarks or service marks of a third party and may not be used, copied or reproduced without the permission of the owner. If you would like information about obtaining the Company’s permission to use the Material on your website, e-mail privacyofficer@taihooncology.com.
   4. The use or misuse of the Trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of defamation, the law of privacy and publicity, and communications regulations and statutes.
9. Canada’s Copyright Modernization Act provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Canadian copyright law. If you believe that materials hosted by the Company infringe your copyright, notice may be provided to us in writing at the address below and/or in accordance with the statutory requirements imposed by the Copyright Modernization Act to engage the “Notice and Notice” regime provided therein.
10. Personal data available to Company through your browsing and other usage of the Site is processed only in accordance with the provisions established in the Privacy Policy.
11. The Site may contain links to non-Company websites and third-party information. Please note that the contents of such websites and such third-party information are not controlled or influenced by Company. Any such links or information are provided merely as a convenience, and Company shall not be liable for any use thereof by visitors to the Site. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content of such website, or the consequences of your use thereof.
12. Company reserves the right to alter or delete the content of the Site in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.
13. Except as otherwise expressly permitted by Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purpose is strictly prohibited. You agree that you will not use any robot, spider, other automatic or manual process or device to “screen scrape,” monitor, or “mine,” on the Site or the content contained therein without Company’s express written permission. 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 Company's infrastructure. You may not use framing techniques to enclose any Company trade mark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Site without Company’s express written consent.
14. Company reserves the right to suspend or terminate your access to Company websites if you violate the Terms of Use Agreement. If your violation causes harm to others, you agree to indemnify and hold Company harmless from and against any and all loss, damage, or expense.
15. Ontario law and controlling Canadian federal law govern any action related to these Terms of Use. No choice of law rules of any jurisdiction apply to you and Company. By using this Site you agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario. The failure of Company to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use 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, communication.