Terms of Service
EMC Healthcare Co.,Ltd. offers access to a variety of resources on the Internet, including websites and applications such as the CALM. App, CALM. Research App, and this website (collectively “Services”). The Services, including any enhancements, updates, and the addition of any new websites or applications, are subject to the following terms and conditions (the “TOS”). By registering and/or using the Services, you accept and agree to be bound by the TOS. Nothing in the TOS should be construed to confer any rights to third party beneficiaries. The TOS of these Services are subject to update by EMC Healthcare Co.,Ltd. at any time with or without notice and can be viewed on this page. EMC Healthcare Co.,Ltd. may provide you with notices regarding the Services or these TOS by email or postings to this Web site.
You may not use the Services unless you accept the TOS. You accept the TOS by clicking to agree to the terms and conditions during registration, or by using the Services. When you register for the Services, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to provide an email address (or select a username) and provide a password and you will be responsible for all activities occurring under your email address (or username) and for keeping your password secure.
Services Content and Information
Use of Materials: The content within the Services is protected by copyright and other laws in both Japan and elsewhere. The Services includes both content owned or controlled by EMC Healthcare Co.,Ltd. as well as content owned or controlled by third parties and licensed to EMC Healthcare Co.,Ltd. (collectively, the “Materials”). EMC Healthcare Co.,Ltd. authorizes you to download and view a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or display, reproduce, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of EMC Healthcare Co.,Ltd..
Your Responsibilities: You understand that all information, data, text, links and other content (collectively, “Content”), is the sole responsibility of the person from which such Content originated. This means that you, and not EMC Healthcare Co.,Ltd., are entirely responsible for all Content that you post, upload, publish, distribute, disseminate or otherwise transmit (collectively, “Post”) via the Services. You understand that by using the Services, you may be exposed to Content that is indecent, offensive or objectionable. Under no circumstances will EMC Healthcare Co.,Ltd. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Services, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
EMC Healthcare Co.,Ltd. Rights: You acknowledge that EMC Healthcare Co.,Ltd. does not pre-screen, control, edit or endorse Content made available through the Services and has no obligation to monitor the Content Posted via the Services. If EMC Healthcare Co.,Ltd. discovers Content that does not appear to conform to the TOS, EMC Healthcare Co.,Ltd. may investigate and determine in good faith and in its sole discretion whether to remove the Content. EMC Healthcare Co.,Ltd. will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that certain Groups available through the Services are available only through the Services and others are available both through the Services and other sources, such as Usenet, over which EMC Healthcare Co.,Ltd. has absolutely no control.
You agree that you are responsible for your own conduct and communications while using the Services and for any consequences thereof. You agree to use the Services only to Post material that is legal and proper. By way of example, and not as a limitation, you agree that when using the Services, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) post any inappropriate, defamatory, infringing, obscene, or unlawful Content; (c) post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to Post such Content; (d) post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements. (e) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted; (f) restrict or inhibit any other user from using and enjoying the Services; (g) use the Services for any illegal or unauthorized purpose; (h) remove any copyright, trademark or other proprietary rights notices contained in or on the Services; (i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (j) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about users for any unauthorized purpose; (k) submit Content that falsely expresses or implies that such Content is sponsored or endorsed by EMC Healthcare Co.,Ltd.; (l) create user accounts by automated means or under false or fraudulent pretences; (m) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or (n) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature. While EMC Healthcare Co.,Ltd. prohibits such conduct and Content in connection with the Services, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Services at your own risk. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Japan or the country in which you reside.
You agree that EMC Healthcare Co.,Ltd. has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Services. You acknowledge that EMC Healthcare Co.,Ltd. has set no fixed upper limit on the number of Postings or the amount of storage space used with the Services; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
EMC Healthcare Co.,Ltd. Rights: EMC Healthcare Co.,Ltd. and its affiliates and licensors own and retain all rights in the Services, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by EMC Healthcare Co.,Ltd., you may not modify, copy, publish, transmit, distribute, perform, display or sell any of EMC Healthcare Co.,Ltd. proprietary information. The “CALM.” name is a trademarks of Eagle Matrix Co.,Ltd.
Your Rights: EMC Healthcare Co.,Ltd. claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Services and you are responsible for protecting those rights, as appropriate. By submitting content to our Services, you grant EMC Healthcare Co.,Ltd. the right to use the contents to provide the Services to you, and perform maintenance and upgrades of products and services upon user request. EMC Healthcare Co.,Ltd. will not copy, retain, or redistribute the Contents for any other purpose.
Void Where Prohibited
Although the CALM. App and Website is accessible worldwide, not all products or services discussed or referenced on CALM. are available to all persons or in all geographic locations or jurisdictions. EMC Healthcare Co.,Ltd. reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on CALM. App or Website is void where prohibited. In addition, EMC Healthcare Co.,Ltd. makes no representation that materials on CALM. App and Website are appropriate or available for use in locations outside Japan; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access CALM. App or Website from locations outside Japan do so on their own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
EMC Healthcare Co.,Ltd. and its affiliates, licensors, partners, suppliers, consultants and agents (“EMC Healthcare Co.,Ltd. Entities”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Services. The EMC Healthcare Co.,Ltd. Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Services. Without limiting the foregoing, under no circumstances shall EMC Healthcare Co.,Ltd. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. THE SERVICES, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. THE EMC Healthcare Co.,Ltd. ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL EMC Healthcare Co.,Ltd. BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES, WHETHER OR NOT EMC Healthcare Co.,Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL EMC Healthcare Co.,Ltd. BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT YOU PAID FOR THE SERVICES.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify EMC Healthcare Co.,Ltd. from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, EMC Healthcare Co.,Ltd. will provide you with written notice of such claim, suit or action.
Term and Termination
These TOS will apply to your use of the Services. You may terminate your use of the Services immediately at any time, for any reason, by contacting customer support. We may terminate your use of the Services immediately at any time, for any reason, and at such time you will have no right to use the Services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
These TOS will be governed by the laws of Japan. Either party bringing a legal action or proceeding against the other arising out of or relating to this TOS may bring such action or proceeding to Japanese Authority. Any final award rendered against either party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. These TOS constitute the entire agreement between you and EMC Healthcare Co.,Ltd. with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS by a party will be effective only if in writing and signed by a party.
If you would like to read other terms, policies and disclaimers, please follow the link below: https://www.calm-health.com/disclaimers/