Terms of Use

Effective (last updated) Date: March 10, 2025

These Kowa Terms of Use (“Terms”) govern your use of the websites of the following Kowa entities: Kowa Company, Ltd. (“KCL”), Kowa Holdings America, Inc. (“KHD-AM”), Kowa American Corp. LA Branch (“KAC-LA”), Kowa American Corp. – Chemical (“KAC-Chem”), Kowa American Corp. – Lifestyle (“KAC-Lifestyle”), Kowa Research Institute, Inc. (“KRI”), Kowa Pharmaceuticals America, Inc. (“KPA”), and Kowa Health Care US Company, Ltd. (“KHC”) (collectively referred to in these Terms as “Kowa,” “we,” “us,” and “our””) and certain other services described below or that post these Terms (collectively, the “Services”) and all of the content on the Services (“Content”).

BY USING THE SERVICES AND CONTENT, YOU ARE ACCEPTING, CONSENTING, AND AGREEING TO THESE TERMS AND YOU ARE CONSENTING TO OUR PRACTICES AS SET FORTH IN OUR U.S. PRIVACY POLICY AND OUR U.S. ONLINE PRIVACY NOTICE. PLEASE READ THEM CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS AND GOVERN YOUR USE OF THE SERVICES. THEY INCLUDE LIMITATIONS ON YOUR RIGHTS AND REMEDIES AND OUR OBLIGATIONS AND LIABILITY, AND REQUIRE YOU TO ARBITRATE DISPUTES AND WAIVE THE RIGHT TO A TRIAL AND/OR CLASS ACTION RELIEF. If you do not agree to be bound by these Terms and do not consent to our U.S. Privacy Policy and our U.S. Online Privacy Notice, you must not access or use the Services or Content.

Click on any of the section headings in this table of contents to be taken to that section. Each section has a link at the end of the section to return to the table of contents.

Quick Links
Additional Terms
Ownership and Your Rights to Use the Services and Content
Content You Submit
Service and Content Use Restrictions
Create an Account
Procedure for Alleging Copyright Infringement
1. DMCA Notice
2. Counter-Notification
Notices, Questions, and Customer Service
Product Specifications, Pricing, Typographical Errors
Arbitration and Dispute Terms
Disclaimer of Representations and Warranties
Limitations of Our Liability
Updates to these Terms and Additional Terms
General Provisions
Contact Us

Quick Links
We summarized some (but not all) of the main topics of these Terms below. The substance of the complete provisions, and not the headings or summaries, govern.
- Grants and Limitation of Rights. We only grant you a limited revocable license to use the Services subject to rules and limitations. See Section III (Ownership and Your Rights to Use the Services and Content). You grant us a broad license to the content you submit and to your profile. You retain ownership of and responsibility for your content. We have the right to manage your Services to keep their content appropriate. See Section IV (Content You Submit). Your use of the Services is subject to various restrictions designed to protect the Services and users. See Section V (Services and Content Use Restrictions).
- Limitations on Your Remedies. As permitted by applicable law, we also disclaim most warranties and provide the Services “as is.” See Section XI (Disclaimer of Representations and Warranties). Our liability is greatly limited. Section XII (Limitations of Our Liability). Your equitable or injunctive relief rights are greatly limited. Section X.C (Arbitration of Claims).
- Dispute Resolution. As permitted by law, you agree to arbitrate disputes and waive jury trial and class actions. Section X (Arbitration and Dispute Terms).
- Availability of Service. We may change or discontinue the Services, or your right to access it, in whole or in part. Section V (Services and Content Use Restrictions). These Terms apply to users accessing the Services from the United States. Section XIV.C (Operation of Services, Availability of Products and Services, International Issues).
To see and print these Terms, click here. Please Contact Us to request disability access assistance.

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Additional Terms
In some instances, the Services may post additional or different terms and conditions that apply to your use of certain parts of the Services (“Additional Terms”). Where Additional Terms apply to the Services, we will make them available for you to read through prior to your use of those Service. By using the Services, you agree to the Additional Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

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Ownership and Your Rights to Use the Services and Content
1. Ownership
  The Services and all of its Content, including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned and controlled by Kowa, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of Kowa, our licensors and certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Kowa owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
2. Your Rights to Use the Service and Content
  Your right to use the Services and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Services and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Services and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Kowa Licensed Elements”):
  1. Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
  2. Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Services;
  3. Subject to any applicable Additional Terms, if the Services include a “Send to Friend,” social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
  4. If the Services include a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
  5. If made available to you, obtain a registered personal account (and/or related username and password) on the Services and interact with the Services in connection therewith;
  6. Link to the Services from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Kowa names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Kowa or cause any other confusion, and (c) the links and the content on your website do not portray Kowa or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Kowa. Kowa reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
  7. Use any other functionality expressly provided by Kowa on or through the Services for use by users, subject to these Terms (including, without limitation, functionality to create and/or post UGC (as defined below)) and any applicable Additional Terms.
3. Rights of Others
  In using the Services, you must respect the Intellectual Property and rights of others and Kowa. Your unauthorized use of the Services and Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Services, see Section VII (Procedure for Alleging Copyright Infringement) below.
4. Third-Party Services
  We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). For instance, portions of the Services may be integrated into or linked to Third-Party Services (e.g., third-party websites, platforms, or apps) that we do not control. Similarly, we may make third-party ads and other Third-Party Services, which we also may not control, available to you on or via the Services. This may include the ability to register or sign in to the Services using Facebook Connect or other third-party tools, and to post content on Third-Party Services using their plug-ins made available on the Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-Party Services. If you are accessing or using the Services through Apple, Android, or any other platform, these are Third-Party Services.
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Content You Submit
1. User-Generated Content
  Kowa may now, or in the future, offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or in response to our pages or posts on any Third-Party Service or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our posts, through a sweepstakes or contest, or by otherwise sending it to us) messages, text, comments, responses, content, ratings, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Kowa Licensed Elements included therein, “User-Generated Content” or “UGC”). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, Contact Us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
2. Non-Confidentiality of Your UGC
  Except as otherwise described in the Services’ posted U.S. Privacy Policy and our U.S. Online Privacy Notice, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by Kowa—regardless of whether you mark them “confidential,” “proprietary,” or the like—and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Kowa does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security, and you acknowledge and agree that you are submitting your UGC to us at your own risk.
  
  In your communications with Kowa, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Kowa retains all of the rights held by members of the general public with regard to Unsolicited Ideas and Materials. Kowa’s receipt of your Unsolicited Ideas and Materials is not an admission by Kowa of their novelty, priority, or originality, and it does not impair Kowa’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.
3. License to Kowa of Your UGC
  Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, in our U.S. Privacy Policy, or in our U.S. Online Privacy Notice, you hereby grant Kowa, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Kowa to your UGC, you also, as permitted by applicable law, hereby grant to Kowa, and agree to grant to Kowa, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
4. Kowa’s Exclusive Right to Manage the Services
  Kowa may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Kowa may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect users from harmful UGC. Without limitation, we may, but do not commit to, address content that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Services by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Services or elsewhere.
5. Kowa’s Consent and Approval
  As to any provision in these Terms or any applicable Additional Terms that grants Kowa a right of consent or approval, or permits Kowa to exercise a right in its “sole discretion,” Kowa may exercise that right in its sole and absolute discretion to the extent permitted by applicable law. No Kowa consent or approval may be deemed to have been granted by Kowa without being in writing and signed by an officer of Kowa.
6. Representations and Warranties Related to Your UGC
  Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Kowa the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Kowa obligation to obtain consent of any third-party and without creating any obligation or liability of Kowa (b) the UGC is accurate; (c) the UGC does not and, as to Kowa’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
7. Enforcement
  Kowa has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Kowa’s cost and expense, to which you hereby consent and irrevocably appoint Kowa as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
8. Community Usage Rules
  As a user of the Services, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of users that post UGC on the Services.
  
  Your UGC posting activities on the Services are subject to all the Terms, including the following Rules:
  - Your UGC. All of your UGC either must be original or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Kowa.
  - Behave Appropriately. All of the Services activities must be venue appropriate, as determined by us. Please be respectful and do not post offensive and/or embarrassing UGC. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or disabilities. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not exploit children under the age of 18.
  - Do Not Use the Services for Commercial or Political Purposes. Your UGC must not advertise or promote a product or service or other non-Kowa commercial activity, You are prohibited from posting about a politician or public servant, legal issues, or any other political agenda.
  - Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  - Do Not Use the Services for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
  - Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (e.g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
  - The Information You Post May Be Publicly Available. Please remember that some of the information you post on the Services may be publicly viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on the Services and take care when otherwise disclosing this type of information to others through the Services.
  - Do Not Share Other People’s Personal Information. Your UGC should not reveal another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual without their consent. You may submit other people’s personal information with their consent to Kowa for limited purposes, such as if you are inquiring via the Contact Us form on their behalf or using a “Send to Friend,” social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts.
  - Do Not Damage the Services or Anyone’s Computers or Other Devices. Your UGC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Services or any computer or other Device.
  If you submit UGC that Kowa reasonably believes violates these Rules, then we may take any and all available legal actions that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Services.
9. Your Interactions with Other Users; Disputes.
  You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
10. Appropriate Content and Alerting Us of Violations
  We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it, please Contact Us. For alleged infringements of Intellectual Property rights, see Section VII (Procedure for Alleging Copyright Infringement).
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Service and Content Use Restrictions
1. Service Use Restrictions
  You agree that you will not: (i) use the Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Kowa; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Services; (v) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Kowa, or other users of the Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
2. Content Use Restrictions
  You also agree that, in using the Services, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such Content; (iv) will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the Kowa Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Kowa or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Services.
3. Availability of Service and Content
  Kowa in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in Kowa’s sole discretion, and without advance notice or liability.
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Create an Account
If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique to you, and must not be offensive or violate the rights of any person or entity. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You may immediately Contact Us regarding any unauthorized use of your account, password, or username, or any other breach of security, but you will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.

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Procedure for Alleging Copyright Infringement
If you are a copyright owner who would like to send us a notice pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Services that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions below.
1. DMCA Notice
  Kowa asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Kowa’s sole discretion, Kowa may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. DMCA and other applicable law, Kowa has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
  
  If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Services, then you may send us a written notice that includes all of the following:
  - a legend or subject line that says: “DMCA Copyright Infringement Notice”;
  - a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  - a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Services on which the material appears);
  - your full name, address, telephone number, and email address;
  - a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  - a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  - your electronic or physical signature.
  Kowa has designated a DMCA agent for its Services that may have a feature permitting users to post publicly viewable content and will only respond to DMCA Notices that it receives via one of the following contact methods (send your request to the agent for the Service where you claim the infringing content is posted):
  
  For content on https://kowapharma.com/
  Contact: Kowa Pharmaceuticals America, Inc.
  Via Mail: 530 Industrial Park Blvd Montgomery, AL 36117
  Attn: DMCA Agent Richard Von Culin
  Via Email: rvonculin@kowapharma.com
  Via Phone: 334-288-1288
  
  For content on https://taion-wear.com/
  Contact: Kowa American Corp. Lifestyle
  Via Mail: 55 E 59th Street 19th Floor New York NY10022
  Attn: DMCA Agent Thierry Casiez
  Via Email: contact@kowalifestyle.com
  Via Phone: 212-303-7800
  
  It is often difficult to determine if your copyright has been infringed. Kowa may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Kowa may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
  
  Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
  
  Without limiting Kowa’s other rights, Kowa may, in appropriate circumstances, terminate a repeat infringer’s access to the Services and any other website owned or operated by Kowa.
2. Counter-Notification.
  If access on the Services to a work that you submitted to Kowa is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
  - a legend or subject line that says: “DMCA Counter-Notification”;
  - a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled);
  - a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  - your full name, address, telephone number, email address, and the username of your Account;
  - a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  - your electronic or physical signature.
  Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
  
  If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
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Notices, Questions, and Customer Service
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: 55 E 59th Street 19th Floor New York, NY 10022. If you have a question regarding the Services, you may Contact Us. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

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Product Specifications, Pricing, Typographical Errors
We strive to accurately describe the products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Kowa shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Kowa is not as described, as permitted by applicable law, your sole remedy is to return it or to cancel the purchase and receive a credit for the purchase price.

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Arbitration and Dispute Terms
1. Forum Selection/Jurisdiction
  Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Services, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in New York, New York. Each party submits to personal jurisdiction and venue in New York, New York for any and all purposes.
2. Pre-Arbitration Notification
  Kowa and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Kowa need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Kowa – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Kowa is making a claim, the letter shall be sent, via email, to the email address listed in your Kowa account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are making a claim, the letter shall be sent to 55 E 59th Street 19th Floor New York, NY 10022 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or Kowa, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section X.E (Limitation on Injunctive Relief) below) before the expiration of this sixty (60)-day period.
3. Arbitration of Claims
  All actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York County, New York, before a single arbitrator in accordance with Article 75 of the New York Civil Practice Law and Rules (“CPLR”), NY CPLR art. 75. If the matter in dispute is between Kowa and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in New York County, New York or, if sought by Kowa, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the New York City Supreme Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
4. Additional Procedures for Multiple Case Filings
  You and we agree that these “Additional Procedures for Multiple Case Filings” in this Section X (Arbitration and Dispute Terms) shall also apply if you or we are subject to twenty-five (25) or more individual arbitration demands of a substantially similar nature with the assistance of the same law firm, group of law firms, or organizations (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your Dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources.
  
  The limitations period(s) applicable to each arbitration demand within a Multiple Case Filing shall remain tolled from the time a party makes a pre-arbitration demand to the time when that party files the arbitration demand with the arbitration provider.
  
  STAGE ONE: If at least 25 disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) Disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Multiple Case Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance.
  
  Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining demands from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining Disputes that are a part of the Multiple Case Filing.
  
  STAGE TWO: If the remaining Disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) Disputes (25 per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of Disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two).
  
  The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes from the Multiple Case Filing with a retired mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two).
  
  Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
  
  The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then, notwithstanding the severability clause set forth in Section XIV.E (Severability), your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
  
  Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each respective stage, i.e., Stage One, Stage Two, and, if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.
5. Limitation on Injunctive Relief
  AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY KOWA PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY KOWA PARTY.
6. Governing Law
  These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Kowa or by Kowa against you pursuant to this Section, or otherwise related to the Services, Content, Kowa Licensed Elements, UGC or other Kowa products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Kowa agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
7. Class Action Waiver
  As permitted by applicable law, both you and Kowa waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
8. Jury Waiver
  AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
9. Small Claims Matters
  Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section X.G (Class Action Waiver).
  
  The provisions of this Section X (Arbitration and Dispute Terms) shall supersede any inconsistent provisions of any prior agreement between the parties. This Section X (Arbitration and Dispute Terms) shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms.
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Disclaimer of Representations and Warranties
1. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Kowa and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Kowa Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Content, Kowa Licensed Elements, UGC or other Kowa products or services, except as set forth in subsection C, below.
2. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, KOWA PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
3. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY KOWA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY KOWA PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) KOWA PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY KOWA PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST KOWA PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
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Limitations of Our Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY KOWA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Content, Kowa Licensed Elements, UGC or other Kowa products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Kowa.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Kowa Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KOWA PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID KOWA IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY KOWA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY KOWA PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) KOWA PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY KOWA PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST KOWA PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

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Updates to these Terms and Additional Terms
It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Services (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Services.

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General Provisions
1. Consent to Electronic Contacting and Receiving Electronic Records
  You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: 55 E 59th Street 19th Floor New York, NY 10022. If you have a question regarding the Services, you may Contact Us. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
  
  When you use the Services, including signing up to receive email or text messages, you consent to receive electronic records from us and consent to us contacting you electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Services it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Services, other than to read the Terms, Additional Terms, or the Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you. In order to withdraw your consent, update your contact information, or obtain paper copies of electronic records, you must Contact Us and stop using the Services. If you withdraw your consent, you will be removed from any email or text message program. If there is a cost to provide you with paper copies of electronic records, we will disclose that to you prior to sending you electronic records. Your consent to receive electronic records applies to your use of the Services, including any email or text message programs. Your devices must be able to review websites and electronic documents, receive email, or receive text messages to receive electronic records, depending on whether you are using the Services, or subscribing to email or text messages.
2. Indemnity
  As permitted by applicable law, you agree to, and you hereby, defend (if requested by Kowa), indemnify, and hold Kowa Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Kowa Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Kowa Parties’ use of the information that you submit to us (including your UGC) subject to our U.S. Privacy Policy and our U.S. Online Privacy Notice (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Kowa Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, Kowa Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Kowa Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Kowa Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
3. Operation of Service, Availability of Products and Services, International Issues
  Company controls and operates the Services from the United States of America, and makes no representation that the Services is appropriate or available for use beyond the United States of America. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
4. Export Controls
  You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by the laws of the United States of America, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to export controls or sanctions of the United States of America.
5. Severability, Interpretation
  If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
6. Investigations, Cooperation with Law Enforcement, Termination, Survival
  As permitted by applicable law, Kowa reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by Kowa in accordance with our U.S. Privacy Policy and our U.S. Online Privacy Notice in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Kowa to comply with law enforcement requests or legal requirements in accordance our U.S. Privacy Policy and our U.S. Online Privacy Notice , (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Services, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Kowa under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from Kowa, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Kowa in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
7. Assignment
  Kowa may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Kowa.
8. Complete Agreement, No Waiver
  These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances or discussion related to the Services. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Kowa in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
9. California Consumer Rights and Notices
  California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our U.S. Privacy Policy.
  
  In accordance with California Business and Professions Code Section 17538 et seq.:
  - KAC-Lifestyle’s return and refund policy for its ecommerce website is available here, the legal name under which KAC-Lifestyle conducts business is Kowa American Corp., and KAC-Lifestyle’s business address is 55 E 59th Street 19th Floor New York NY10022. Within five (5) days of KAC-Lifestyle’s receipt of your request, California residents may receive verification of this information by email by contacting us at contact@kowalifestyle.com.
  - KAC-LA’s return and refund policy for its ecommerce website is available here, the legal name under which KAC-LA conducts business is Kowa American Corp., and KAC-LA’s business address is 20001 S. Vermont Ave. Torrance, CA 90502. Within five (5) days of KAC-LA’s receipt of your request, California residents may receive verification of this information by email by contacting us at customerservice@kowa.com.
  Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
  
  Any California residents under the age of eighteen (18) who have registered to use the Services, and who have posted content or information on the Services, can request that such information be removed from the Services by Contacting Us. Please include with your submission a statement indicating that you personally posted such content or information and describe with reasonable detail where the content or information is posted on the Services. We will make reasonable good faith efforts to remove the content or information from prospective public view or anonymize it so you cannot be individually identified. Please note that this removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
  
  California residents should review our U.S. Privacy Policy to learn more about their privacy rights.
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Contact Us
If you have any questions or comments about these Terms or the Services, please contact us by clicking on the “Contact Us” link on the footer of homepage and complete and submit the form or call us at (888) 710-6525.

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