Last Modified: November 21, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your agreement to these Terms of Use (these “Terms of Use”). You must agree to these Terms of Use in order to use the University of Tokyo Hospital (“UTH”) website. If you do not agree to all of these Terms of Use, do not use this website.

DO NOT ATTEMPT TO USE THIS SITE FOR MEDICAL SERVICES.
IN THE EVENT OF AN EMERGENCY, CALL
YOUR LOCAL EMERGENCY RESPONDER.

These Terms of Use govern your access to and use of the UTH website including, without limitation, all content such as text, information, photographs, graphics, images, videos, audio, format, and other expressions (collectively, “Content”) made available to you by UTH, its affiliates, and/or third parties through the UTH website (this website and the Content are collectively referred to herein as this “Site”). The Content is for informational and educational purposes only. UTH, its affiliates, employees, and agents do not provide services through this Site, and any services provided by UTH, its affiliates, employees, and agents are subject to other policies, not these Terms of Use.

This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and are maintained by UTH, its affiliates, and/or third parties, as confidential and proprietary information to be used only in connection with the terms and conditions of these Terms of Use. This Site may provide access to additional information that may be of use to physicians and other health care providers. We have established the following terms that govern the use of this Site. By using this Site, you are agreeing to be bound by these terms. UTH may revise and update these Terms of Use at any time, as described herein. Therefore, we encourage you to review this Site for any updates or changes on a periodic basis.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS, AND REPRESENT THAT YOU ARE ABLE TO FORM LEGALLY BINDING CONTRACTS.

1.   Medical Disclaimers. ALL CONTENT AVAILABLE THROUGH THIS SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. CONTENT IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. ADDITIONALLY, THE USE OF CONTENT OBTAINED THROUGH THIS SITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. Your reliance upon Content obtained by you at or through this Site is solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Site.

Your reliance upon Content obtained by you at or through this Site is solely at your own risk. Neither we nor our Content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content provided to you.

2.   Description of Content. UTH is a hospital based in Tokyo, Japan. We maintain independent relationships with medical coordinators/facilitators that specialize in contacting and communicating with us prior to your visit to the hospital. Through this Site, we may provide access to publicly available information, as Content or otherwise, for your personal use in making a more informed decision about your medical treatment options outside your home country. UTH provides such Content and other information for informational and educational purposes only, and UTH is not responsible in any way for the accuracy, reliability, or currentness of such Content and other information. Use such Content and other information at your own risk—UTH is not liable in any way for your use of such Content and other information.

3.  Process for Engaging UTH. UTH does not endorse, recommend, or approve any travel agency, health care provider, or health care facility through this Site. UTH also does not provide any services through this Site. Your use of this Site and Content does not give rise to a relationship with UTH or any agreement for services. If you wish to consider engaging UTH for medical treatment, you may arrange to discuss such matter by contacting a representative of UTH as explained on this Site. We facilitate contact with, and provide information about, certain physicians and health care providers in Japan, and we provide information about their credentials to assist you in making informed decisions. We encourage and advise you to discuss all medical issues with your physician or health care provider in your home country before making a decision on medical treatment outside your home country.

4.  Confidentiality of Information You Submit. For any personal information (including but not limited to your name, email address, or phone number) that you may provide to us via an email address link or phone number listed on this Site or through any other form, you acknowledge and agree that you are providing such information to us voluntarily and at your sole risk. Furthermore, you agree that UTH, its affiliates, employees, third-party suppliers, and anyone else involved in the operation of this Site have the right to monitor, retrieve, store, and use such information in connection with communicating with you. We will use a variety of security measures to maintain the confidentiality of such information and to prevent the disclosure of such information to third parties, except: (a) in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf, (b) as may be required or permitted by law, or (c) as otherwise provided in our Privacy Policy. You may change any such information previously provided to UTH by sending an email to [international@adm.h.u-tokyo.ac.jp]. Any personal information you submit to UTH is further governed by our Privacy Policy. If there is any inconsistency between these Terms of Use and the Privacy Policy, these Terms of Use shall control.

5.  Other Information We Collect. By browsing or otherwise using this Site, you agree that UTH may collect the following information about you: your country, IP address, server host, operating system, Internet browser, the name of the domain from which you access the Internet, the Internet address of the website from which you linked directly to this Site, other Internet routing information, and date and time you access this Site. The information collected is used to measure the number of visitors to the different sections of this Site, and to assist us in making this Site more user-friendly. UTH will not knowingly make available to any third party any of the information we collect except as otherwise provided herein.

6.  Minors Prohibited.

a. The UTH Site is for use by adults only. If you have not reached age of majority, do not use this Site.

b. UTH is committed to protecting the privacy of children. You should be aware that this Site is not  intended for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.

7.  Copyright, Ownership and Use. All of the Content on this Site, including all text, information, photographs, graphics, images, videos, audio, format, and other expressions is the property of UTH, its affiliates, or third-party suppliers of Content. All such Content is protected by domestic and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. A user of this Site may only use the Content for accessing and understanding such information for individual and personal use. No one may copy the Content, make any reproduction, modification, derivative work of the Content, or republish or display any of the Content. Furthermore, no one may link any of the Content to any other website unless such website provides acknowledgment of ownership of such Content in UTH, its affiliates, or third-party suppliers.

8. Copyrights of Third Parties. We respect the copyrights and intellectual property of third parties, and we expect the users of this Site to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Site, we request that you notify us immediately with whatever information you have regarding the possible infringement. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate or based on a good faith belief. You may send such notices to [international@adm.h.u-tokyo.ac.jp].

9.  Intellectual Property. You agree that UTH (or its Content suppliers) owns all worldwide rights, titles and interests in and to this Site. You may create a bookmark in your web browser to the home page of this Site. Otherwise, you may not create a link to this Site without the prior written approval of UTH. All rights not expressly granted in these Terms of Use are reserved to UTH. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use. To facilitate your access to and use of the Site or portions thereof, we may make certain software available to you. The terms of your use of such software will be stated separately in a license agreement that will be included with the software. You agree to use such software only in a manner permitted pursuant to such license agreement.

10.  Content. This Site and Content contained on this Site are provided by UTH or its affiliates or under license by third parties for users of this Site on an “as is” basis. You acknowledged and agree that the use of this Site is at your sole risk. Neither UTH nor its affiliates nor third-party suppliers warrant that the information on this Site is accurate, reliable, or current. Additionally there are no warranties as to results that may be obtained from the use of this Site. Rather, the information provided is for informational and educational purposes only. It is not a substitute for advice from physicians or medical professionals. Any specific medical questions that you, the user, may have relating to a medical condition, care, treatment, or diagnosis should be presented to your physician or health care provider.

11.   Advertisements and Links to Other Websites. This Site may contain advertisements or other information placed by or on behalf of third parties. These advertisements may contain links to other websites. Also, UTH may occasionally provide links on its Site to other websites that are maintained by third parties over whom UTH has no control. These links are provided only as a convenience to you, and UTH does not assume any responsibility for nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, UTH DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES, OR WEBSITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU, OR FOR THE USE IN RENDERING CARE TO PATIENTS.

12.   Disclaimers, Exclusions, and Limitations. Through this Site, UTH attempts to provide access, with minimal interruption, to information about medical conditions and treatment options for informational and educational purposes only. Notwithstanding any provision in these Terms of Use to the contrary, you agree as follows:

a.   Disclaimer of Warranty. THIS SITE AND THE CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS   AND YOUR USE OF THIS SITE IS AT YOUR OWN RISK. UTH AND ITS AFFILIATES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER UTH NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE OR CURRENT. NEITHER UTH NOR ANY OTHER CONTENT PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS. UTH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. UTH AND ANY THIRD-PARTY SUPPLIER ASSUME NO RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, INFORMATION OR SERVICES ON THIS SITE IN ANY WAY, AND THERE IS NO WARRANTY OR ANY ASSURANCE THAT THE PRODUCTS OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. BY USING THIS SITE, THE USER ACKNOWLEDGES THAT IT IS AT THE USER’S SOLE RISK AND THE USER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THIS SITE.

b.   NEITHER UTH NOR ITS AFFILIATES NOR ANY THIRD-PARTY SUPPLIER CAN BE ASSURED THAT THE USER, IN USING THIS SITE, HAS SELECTED AN APPROPRIATE SERVICE PROVIDER. AGAIN, YOU SHOULD USE THIS SITE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD DIRECT ANY FURTHER INQUIRIES TO A PROFESSIONAL HEALTH CARE PROVIDER. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

c.   Exclusion of Damages. AS CONSIDERATION FOR USER’S OPPORTUNITY TO USE THE CONTENT PROVIDED ON THIS SITE, USER AGREES THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL UTH, ITS AFFILIATES, OR THIRD-PARTY SUPPLIERS BE LIABLE IN ANY WAY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY ACTION OR INACTION TAKEN BY A USER IN RELIANCE UPON CONTENT PROVIDED THROUGH THIS SITE. NEITHER UTH, NOR ITS AFFILIATES, NOR THIRD-PARTY SUPPLIERS SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THIS SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY UTH, ITS AFFILIATES, OR THIRD-PARTY SUPPLIERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER UTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

13.   Authorized Access and Use. You agree to access and use this Site for legal and proper purposes only. You agree not to use this Site (a) for any unlawful, unauthorized, fraudulent or malicious purpose; (b) to communicate any harmful, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, or otherwise objectionable material of any sort, including but not limited to any material that encourages conduct that would constitute a criminal offense or give rise to civil liability; (c) to damage, disable, overburden, or impair any server, or the networks connected to any server; (d) to interfere with any other person’s use and enjoyment of this Site, through hacking, defacing, or engaging in spamming, flooding, junk mail, chain letters, pyramid schemes, affiliate marketing, unsolicited communications, or other disruptive activities; (e) to access systems, data, or information not intended by us to be made accessible to a user; or (f) for any use other than the informational and educational purposes for which this Site was intended.

If you no longer agree to be bound by these Terms of Use, you agree to immediately cease use of this Site.

14.   Foreign Access or Use. UTH makes no claim that this Site is appropriate for access or use outside Japan. Your access and/or use of this Site outside Japan are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.

15.   Indemnification. You agree to defend, indemnify and hold UTH harmless against any losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (a) your breach of these Terms of Use, (b) your unauthorized or unlawful use of this Site, and (c) the unauthorized or unlawful use of this Site by any other person using your identification.

16.   Termination. Your right to access and use this Site immediately terminates without further notice upon your breach of these Terms of Use. UTH may terminate these Terms of Use and/or your right to use this Site at any time, with or without cause. UTH reserves the right to discontinue or make changes to this Site at any time.

17.   Assignment. UTH may assign these Terms of Use, in whole or in part, in its sole discretion. You may not assign your rights under these Terms and Conditions without the prior written permission of UTH. Any attempt by you to assign your rights under these Terms of Use without the permission of UTH shall be void.

18.   Waiver. The waiver by UTH of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

19.   Severability. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect.

20.  Governing Law. This Site is controlled under the laws of Japan. Any claim relating to this Site or Content or Services provided through this Site will be governed by the laws of Japan, without giving application to the conflicts of laws provisions thereof.

21.   Dispute Resolution. You acknowledge and agree that any dispute that may arise between you and UTH relating to this Site or these Terms of Use (including the Privacy Policy) shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the Japanese Commercial Arbitration Association (“JCAA”) in Tokyo, Japan, or another forum mutually agreed upon by UTH and you, pursuant to the Commercial Arbitration Rules (“Rules”) of the JCAA by a sole arbitrator nominated by agreement of you and UTH and confirmed in accordance with the Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You acknowledge and agree that UTH is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of these Terms of Use pending a final arbitral decision.

22.   Entire Agreement. These Terms of Use contain the entire agreement between you and UTH relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by oral or written statements of any UTH employees. UTH reserves the right to make changes to these Terms of Use at any time by providing notice of amended form of these Terms of Use on this Site. Such amended Terms of Use shall be effective immediately upon your continued use of this Site, as your continued use following such notice constitutes your acceptance of the amended Terms of Use. It is at all times your responsibility to read the most current form of these Terms of Use before using this Site to ensure that you agree to the terms and conditions of any amendments made to these Terms of Use. You agree that these standards for notice of amendments to these Terms of Use are reasonable.

23.   Acceptance of Terms and Conditions. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by UTH contrary to those set forth above.