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 Terms of Use
Aucnet Medical Inc., a Japanese Corporation, including its successors and assigns, ("Aucnet Medical") operates the Aucnet Medical sites ("Site"). You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ("Licensors") as stipulated on applicable pages of the Site, which you accept by your use of the Site. Aucnet Medical, reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective within forty-eight (48) hours of being posted on the Site unless otherwise stated by Aucnet Medical, in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Site following Aucnet Medical’s posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.
 LICENSE AND SITE ACCESS
Aucnet Medical grants you a non-exclusive right and license to access and use the Site for personal and noncommercial purposes, other than to purchase or sell items on the Site, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by Japanese copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Aucnet Medical. Any unauthorized use shall immediately terminate the licenses and rights granted by Aucnet Medical and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Aucnet Medical, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Aucnet Medical, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Aucnet Medical, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).

Aucnet Medical does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Aucnet Medical’s control.

 CONTENT
Aucnet Medical provides a number of different services to assist you in comparison shopping for products and services on the Site. Aucnet Medical provides a venue allowing users who open member accounts through the Membership Agreement ("Member(s)"), including both individuals and merchants, to list for sale of products that are described on the Site. Aucnet Medical does not sell, resell or license any of the products listed on the Site, nor is Aucnet Medical acting as an agent of sale, and Aucnet Medical disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.

Aucnet Medical does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by Aucnet Medical of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. Aucnet Medical assumes no liability for inaccuracy or incompleteness in its search results, editorial content or other content on the Site.

 CONTACT INFORMATION
If Aucnet Medical judges that a notice is required to be made to a Registered User, it will make the notice to the registered address using electronic mail, postal mail, telephone, fax, or another appropriate method. In this case the notice will be deemed to have arrived when it would normally have arrived, even if it does not arrive or arrives late. Questions and enquiries about the Service should be directed to Aucnet Medical by electronic mail or postal mail. Aucnet Medical does not accept enquiries made by telephone, directly visiting Aucnet Medical, or any other method.

 INDEMNITY
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Aucnet Medical, its subsidiaries, affiliates, co-brand partners, and other parties with which Aucnet Medical is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement and/or Membership Agreement, and/or resulting from any and all content you submit to Aucnet Medical and/or the Site. Aucnet Medical shall provide notice to you of any such claim, suit or proceeding.

 GOVERNING LAW
These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of Japan, without regard to principles of conflicts or choice of law. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the Japan Commercial Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Tokyo, Japan, and shall be conducted in Japanese language. If the parties cannot agree upon a single arbitrator within fifteen (15) days after the demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Japan generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the Japan Commercial Arbitration Association in Tokyo. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Tokyo with knowledge of Internet commerce in Japan generally shall be selected by the Japanese Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.

 IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
Aucnet Medical disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). Aucnet Medical will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with the applicable laws in Japan, which may include Aucnet Medical removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Aucnet Medical regarding matters other than informing Aucnet Medical that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.


Written notification must be submitted to the following Designated Agent:


By Mail: Aucnet Medical Inc.

AOYAMA OM SQUARE BLD, 2-5-8, Kitaaoyama, Minatoku, Tokyo, 107-0061,

By Email: info@aucnet-medical.net

 INFRINGEMENT NOTIFICATION
To be effective, your infringement notification must include the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Aucnet Medical to locate the material;
4. Information reasonably sufficient to permit Aucnet Medical to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement, as follows: "I 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"; and
6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."


Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Aucnet Medical shall remove or disable access to the Third Party Content that is alleged to be infringing;
2. Aucnet Medical shall forward the written notification to the alleged infringer (the "Subscriber");
3. Aucnet Medical shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.

 GENERAL
If any provision of these Terms of Use and Privacy Statement or the Membership Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Membership Agreement and all agreements and notices incorporated herein may be automatically assigned by Aucnet Medical, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

 ADDRESS FOR NOTICE
If any provision of these Terms of Use and Privacy Statement or the Membership Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Membership Agreement and all agreements and notices incorporated herein may be automatically assigned by Aucnet Medical, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

Notices to Aucnet Medical (other than as aforementioned for infringement notices) can be sent by



Email: info@aucnet-medical.net



Aucnet Medical's mailing address is
Aucnet Medical Inc.
AOYAMA OM SQUARE BLD, 2-5-8, Kitaaoyama, Minatoku, Tokyo, 107-0061,