Terms and Conditions
IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO AND MUST NOT USE THE SKILL.
By accepting these terms, you represent that you are at least 18 years old or have reached the age of majority where you live. If you are under 18 or have not reached such age of majority, your parent or legal guardian must accept these terms on your behalf and must provide permission to use the Skill.
By using the Skill or, as a parent or guardian granting permission to your child to use the Skill, you acknowledge that the Skill is voice-activated (which voice will be recorded by the third-party platform on which the Skill is offered), may involve physical activity and you agree to participate or allow your child to participate.
Conditions of Use of the Skill
Eisai provides the Skill for the sole purpose of your personal entertainment by interacting with the Skill through Alexa. All content of the Skill is owned or controlled by Eisai, its affiliates their respective licensors and is protected by all applicable copyright laws. All copyright and other proprietary notices contained in any materials associated with the Skill must be retained. Through your access to and use of the Skill, you accept, without limitation or qualification, all terms and conditions of the Terms section, as may be amended from time to time.
Restrictions on Use of the Skill
You may not: (a) work around any technical limitations of the Skill; (b) modify, reverse engineer or otherwise alter the Skill (except to the extent this is authorized by applicable law notwithstanding this limitation); (c) Use the Skill in any way prohibited by Law (as defined below); (d) use the Skill to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (e) engage in activity that is false or misleading or that is harmful to you, others (including children), or the Skill (e.g., transmitting viruses, communicating hate speech, or advocating violence against others); (f) share inappropriate content, advertising, spam, spyware or malware; (g) gain (or attempt to gain) unauthorized access to any service, data, account or network by any means; (h) infringe upon the rights of others; (i) use the Skill anywhere other than through the services where Eisai has made it available; (j) remove, modify, or tamper with any notice or link that is incorporated into the Skill.
You are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, laws, regulations, rules, orders, and other such restrictions (each, a “Law”) with respect to your access and use of the Skill. The skill may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the Skill. These Terms do not change your rights under the Laws applicable to you if such Laws don't permit it to do so.
The websites on which these Terms appear may contain links to other sites produced by Eisai's affiliates, some of which are located outside the United States. Those sites may have information appropriate only to the particular country in which the originating affiliate and site are based. Nothing in the Skill should be interpreted as a promotion or solicitation for any product that is not authorized by the laws and regulations of the country where you are located.
No Medical Advice
No information contained within the Skill or this Website is a substitute for the advice of a physician or other health care professional. You should not use this information for diagnosing a health problem or disease. In order for you to make appropriate health care decisions, you should always consult with your physician or other health care provider for your personal medical needs.
If Eisai or Amazon believes that you are making an unauthorized use of the Skill or that you are in violation of these Terms, it may suspend or terminate your access to the Skill or Amazon’s service with or without notice. This may result in a loss of your data.
You agree that you will release, indemnify and hold harmless Eisai (together with its affiliates and parent) and its service providers, and any of their respective officers, directors, employees, contractors, representatives, or agents (collectively, the “Eisai Parties”) for any and all claims, actions, losses, damages and expenses (including attorneys’ fees) arising out of or resulting from: (i) your or your child’s use of the Skill, (ii) your violation of these Terms, or (iii) your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties; Limitations of Liability
TO THE EXTENT PERMITTED UNDER LAW, EISAI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE SKILL OR ON THIS WEBSITE. LIKE ANY PRINTED MATERIALS, THE INFORMATION PROVIDED THROUGH THE SKILL OR ON THIS WEBSITE MAY BECOME OUTDATED OVER TIME. EISAI UNDERTAKES NO OBLIGATION TO CORRECT OR UPDATE ANY INFORMATION IN THE SKILL OR ON THIS WEBSITE. EISAI MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AND/OR SERVICES DESCRIBED IN THIS INFORMATION AT ANY TIME WITHOUT NOTICE AND RESERVES THE RIGHT TO ALTER OR DELETE INFORMATION IN THE SKILL OR ON THIS WEBSITE ON WHICH THESE TERMS APPEAR AT ANY TIME. TO THE EXTENT PERMITTED UNDER LAW, ALL INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITHOUT ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ALL USERS OF THE SKILL AND VISITORS TO THIS WEBSITE AGREE THAT ALL ACCESS TO AND USE OF THE SKILL, THIS WEBSITE AND ITS CONTENT ARE AT THEIR OWN RISK. TO THE EXTENT PERMITTED UNDER LAW, NEITHER EISAI NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SKILL OR THIS WEBSITE SHALL BE LIABLE FOR ANY INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SKILL OR THIS WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF OR FROM RELIANCE ON ANY INFORMATION AVAILABLE THROUGH THE SKILL OR ON THIS WEBSITE OR ANY CLAIMS FOR BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT OR ANY OTHER THEORY, EVEN IF EISAI IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU CAN RECOVER FROM EISAI ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SKILL OR USD$100.00, WHICHEVER IS GREATER. IF YOUR LOCAL LAWS, RULES OR REGULATIONS IMPOSE A WARRANTY, GUARANTEE OR CONDITION EVEN THOUGH THESE TERMS DO NOT, TO THE EXTENT PERMITTED BY LAW, ITS DURATION IS LIMITED TO NINETY (90) DAYS FROM WHEN YOU BEGIN USING THE SKILL.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of Eisai will be the minimum permitted under such applicable Law.
Trademarks; Intellectual Property
The Skill and any documents published by Eisai on this Website or www.us.eisai.com may not be copied, other than for non-commercial, individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Nothing contained in the Skill or in this Website shall be construed as conferring on you any license or right under any copyright, patent or trademark of Eisai, its parent or affiliates, or any third party, whether by implication, estoppel or otherwise. Except as expressly provided above, nothing contained in this Website shall be construed as conferring any license or right under any Eisai copyright.
All product names, trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this Website or associated with the Skill are the property of Eisai Inc., its affiliates, related companies, licensors or business partners. The use or misuse of these Trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of the laws of copyright, trademark, privacy, publicity, slander, libel and communications. Please be advised that Eisai actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Images of people or places displayed on this web site or in connection with the Skill are either the property of, or used with permission by, Eisai. The use of these images by you is prohibited unless specifically permitted by the terms and conditions of this Website. Unauthorized use of the images may violate the laws of copyright, trademark, privacy, publicity and communications.
You agree that Eisai may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms. These Terms are personal to you and you may not transfer or assign them to a third party.
Eisai’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.