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Terms of Use

Last updated June 29, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY

KCI Licensing, Inc., an Acelity company, along with its subsidiaries and affiliates (collectively, "Acelity"), owns and operates this Website. Acelity owns other websites, but these Terms of Use describe rules for visitors to this Acelity website and do not apply to other Acelity owned websites, unless otherwise noted. You should refer to the terms of use posted on other Acelity websites when you visit them.

By using or accessing any portion of this Website, you agree to be bound and abide by the following terms and conditions, as evidenced by your use and/or access of the Website.

WHO TO CALL FOR AN EMERGENCY

This web site does not provide medical advice. if you think you may have a medical emergency, call your doctor or local emergency response number (i.e., 911) immediately.

ABOUT THE INFORMATION ON THIS WEBSITE

This Website may contain information on medical and health-related topics. This information is not meant to be a substitute for the advice provided by a licensed physician or other medical professional. Patients should always consult a medical professional, such as a physician, to determine the proper diagnosis and what course of treatment may be appropriate for their particular situation. You should not use this information for diagnosing a health problem or disease but should always consult a licensed physician or other medical professional. The materials on this Website are for general educational information use only. Information you read on this Website cannot replace the relationship that you have with your health care professional. Acelity does not practice medicine or provide medical services or advice and the information on this Website should not be considered medical advice.

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INTELLECTUAL PROPERTY

Copyright 2016,2018 KCI Licensing, Inc. All Rights Reserved. All images used on this site are owned, licensed or used with permission by KCI Licensing, Inc. and/or its affiliates. Unauthorized use, copying or displaying of the content of this website, including copyrighted material and trademarks, is prohibited.

You acknowledge that the materials on this site are proprietary to Acelity. You may only use the intellectual property on this site as expressly permitted in this Terms of Use and for no other purpose. You agree not to remove any proprietary notices or credits from any material used from the site. You also agree that all information and data maintained on this Website or derived there from shall be the property of Acelity. The absence of a trademark designation on any Acelity trademark does not constitute a waiver of Acelity’s rights concerning that trademark or any other intellectual property rights.

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YOUR FEEDBACK, COMMENTS AND IDEAS

While Acelity is pleased to receive feedback, comments and ideas from visitors to this Website, we want you to understand that any information that you submit through this Website will be considered non-personal, non-confidential, and non-proprietary (other than Personal Information, as that term is defined in our Privacy Notice). If you transmit any ideas, information, concepts, know-how, techniques or materials to us through this Website, you hereby grant Acelity an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium and manner, and agree that Acelity is free to use them for any purpose (commercial or non-commercial).

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NO WARRANTIES

The information on this Website is provided “as is” without any warranties or conditions, express or implied, including but not limited to the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose or non-infringement. Acelity makes no representation, warranty or condition that the information contained on this Website will be timely or error-free. The information on this Website is subject to change without notice. Acelity has not reviewed all the sites that may be linked to its websites and does not endorse and is not responsible for the content of any off-site pages or any other sites linked to these websites. Your use of such links is at your own risk.

The views and opinions reflected in the articles, publications, and case studies included in or linked with this Website are not necessarily shared by Acelity, its subsidiaries, affiliates or licensors, and, while most studies are independent studies, Acelity cannot make any representations, warranties or condition as to the reliability of study results and conclusions.

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LIMITATION OF LIABILITY

Under no circumstances shall Acelity, its officers, directors, subsidiaries, agents, employees, successors or assigns be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use this Website or from information provided on this Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, failure of essential purpose, fundamental breach, breach of a fundamental term or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Acelity's liability in such jurisdictions shall be limited to the extent permitted by law.

The total liability of Acelity, its officers, directors, subsidiaries, agents, employees, successors, assigns, agents, or suppliers, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed U.S. $100.00. The limit of liability may not be effective in some jurisdictions. In no event shall Acelity, its officers, directors, subsidiaries, agents, employees, successors, assigns, agents, or suppliers, be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the Website or materials are excluded even if Acelity has been advised of the possibility of such damages.

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LINKS TO OTHER WEBSITES

This Website may include links to other websites and third party controlled materials and information. Acelity has no responsibility for the content of any third-party website and is not responsible or liable for damages that may arise from the content of such sites or the use of any information you may submit to such sites. Acelity does not review, monitor or control the privacy practices of websites operated by others that may be accessed through a link on this Website. These links are provided merely for your convenience.

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INDEMNIFICATION

You agree to defend, indemnify and hold Acelity, its parent, officers, directors, agents, employees and assigns harmless from and against any and all liabilities, claims and expenses, including legal fees and expenses that arise from your use of this Website or its content, including without limitation, your violation of the Terms of Use. Acelity reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Acelity in asserting any available defenses.

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APPLICABLE LAWS

This Acelity Website (www.acelity.ca) contains information about products which may or may not be available in any particular country and if applicable, may or may not have received approval or market clearance by a governmental regulatory body for different indications and restriction in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion of any product or of an indication of any product which is not authorized by the laws and regulations of the country where the reader resides.

These Terms of Use, the Privacy Notice, and the use of this Website are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any and all legal action relating to this Website shall be brought exclusively in the courts of competent jurisdiction in the Province of Ontario. Notwithstanding the foregoing, Acelity is entitled to apply for injunctive remedies (or an equivalent of urgent legal relief) in any jurisdiction.

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CHANGES TO THESE TERMS OF USE

At our sole discretion, Acelity may make changes to these Terms of Use from time to time. When these changes are made, Acelity will make a new copy of the Terms of Use available on this Website. All changes are effective immediately upon posting to the Website and will apply to all access and use of the Website from that point onward. You acknowledge and agree that if you access the Website after the date on which the Terms of Use have changed, Acelity will treat your use as acceptance of the updated Terms of Use.

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OTHER RULES ABOUT THIS WEBSITE

In addition to the rules in these Terms of Use and the Privacy Notice, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Website, such as when you purchase enhanced services, or by following a link from this Website. Please read Acelity’s Privacy Notice to learn how we protect and use information that we gather through this Website.

Your obligations under this section and the sections called "Your Feedback", “Intellectual Property”, “Indemnification”, "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.

If any provision of these Terms of Use or the Privacy Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use or the Privacy Notice, which shall remain in full force and effect. No waiver of any of these Terms of Use or the Privacy Notice shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Your use and access to the Acelity Website indicates your understanding and agreement with these Terms of Use and Acelity’s Privacy Notice.

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