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Terms of Use
 
 
PLEASE READ THESE TERMS OF USE CAREFULLY
This site is owned and operated by KCI which is defined as KCI Licensing, Inc. and all of its worldwide subsidiaries and affiliates. KCI owns other Web sites, but these Terms of Use describe rules for visitors to this KCI site and do not apply to other KCI owned Web sites, unless otherwise noted. You should refer to the terms of use posted on other KCI Web sites when you visit them.

For valuable consideration, including your use and access of any portion of this Web site, you agree with the following terms and conditions as evidenced by your use and/or access of the Web site:
 
 

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 WEB SITE

This site 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. You should not use this information for diagnosing a health problem or disease but should always consult 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. The materials on this Web site are for your general educational information only. Information you read on this Web site 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 Web site should not be considered medical advice. 

 
 
INTELLECTUAL PROPERTY

Copyright 1998 - 2015 KCI Licensing, Inc. All Rights Reserved. All images used on this site are owned, licensed or used with permission by KCI Licensing, Inc. and its affiliates for use on this site only. Unauthorized use, copying or displaying is prohibited. Certain images and content used with permission from LifeCell Corporation, Systagenix Wound Management Limited and/or their affiliates.

GORE-TEX® or GORE
® Medical fabric is a registered trademark of W. L. Gore and Associates. 3M™ and Tegaderm™ are trademarks of 3M Company. Unless specifically indicated in the content of the Web site, all other trademarks and service marks identifying the products or services in this Web site and related links or otherwise designated herein are proprietary to KCI Licensing, Inc., its affiliates and licensors.


Many if not most of the Acelity products and services depicted in this Web site (www.acelity.com) are patented and/or subject to pending patent in some jurisdictions. Nothing contained herein shall be construed as conferring any license or right under any KCI Licensing, Inc., its affiliates or licensors to any patent, copyright, trademark or other rights proprietary to KCI Licensing, Inc., or its affiliates and their respective licensors (collectively “KCI”). You acknowledge that the materials on this site are proprietary to KCI and its affiliates. 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 Web site or derived there from shall be the property of KCI. The absence of a trademark designation on any KCI trademark does not constitute a waiver of KCI’s rights concerning that trademark or any other intellectual property rights.

 

 

YOUR FEEDBACK, COMMENTS AND IDEAS

While Acelity is pleased to receive feedback, comments and ideas from visitors to this Web site, we want you to understand that any information that you submit through this Web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how, techniques or materials to us through this Web site, you hereby grant KCI an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium and manner, and agree that KCI is free to use them for any purpose (commercial or non-commercial).
 
 
NO WARRANTIES
The information on this site is provided “as is” without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. acelity makes no representation or warranty that the information contained on this site will be timely or error-free. the information on this web site is subject to change without notice. acelity has not reviewed all the sites that may be linked to its sites and does not endorse and is not responsible for the content of any off-site pages or any other sites linked to these sites. 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 Web site are not necessarily shared by Acelity, its subsidiaries, affiliates or licensors, and, while most studies are independent studies, Acelity cannot make any representation or warranties 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 tha result from the use of, or inability to use this site or from information provided on this site. this limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability 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 states. 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 web site or materials are excluded even if acelity has been advised of the possibility of such damages.

 

 
LINKS TO OTHER WEB SITES

This Internet site may provide links to other Internet sites and third party controlled materials and information. Acelity  has no responsibility for the content of any other site 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 Web sites operated by others that may be accessed through a link on this Web site. These links are provided merely for your convenience.

 

 

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 attorneys' fees that arise from your use of this Web site 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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FORWARD-LOOKING STATEMENTS

This website may include forward-looking statements that reflect our current views with respect to, among other things, our operations and financial performance. Forward-looking statements include all statements that are not historical facts. These forward-looking statements relate to matters such as our industry, business strategy, goals and expectations concerning our market position, future operations, margins, profitability, capital expenditures, liquidity and capital resources and other financial and operating information. We use the words “anticipate,” “assume,” “believe,” “continue,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “predict,” “project,” “future,” “will,” “seek,” “foreseeable,” the negative version of these words or similar terms and phrases to identify forward-looking statements. The forward-looking statements are based on management’s current expectations and are subject to various risks and uncertainties. We cannot assure you that future developments affecting us will be those that we have anticipated. Actual results may differ materially from these expectations due to changes in global, regional or local economic, business, competitive, market, regulatory and other factors, many of which are beyond our control. We believe that these factors include but are not limited to the following: we face significant and continuing competition, which could adversely affect our operating results; defects, failures or quality issues associated with our products could lead to product recalls or safety alerts, adverse regulatory actions, litigation, including product liability claims, and negative publicity that could erode our competitive advantage and market share and materially adversely affect our reputation, business, financial condition and results of operations; we are subject to various governmental regulations relating to the labeling, marketing, sales and distribution of our products; failure of any of our clinical studies or third-party assessments to demonstrate desired outcomes in proposed endpoints, may result in adverse regulatory actions, reduce physician usage or reduce price, coverage and/or reimbursement for our products, which could have a negative impact on our business performance; cost-containment efforts of our customers, purchasing groups, third-party payers and governmental organizations could adversely affect our sales and profitability; changes in U.S. and international regulations, policies, rules and expanded audit programs of third-party payers regarding billing and reimbursement of our products could reduce reimbursement and collections for our products, adversely affect the demand for our products and negatively impact our global expansion efforts; if we are unable to develop new generations of products and enhancements to existing products, our competitive position may be harmed; the implementation of healthcare reform in the United States may adversely affect our business and financial results; if we are unsuccessful in protecting, maintaining and enforcing our intellectual property, our competitive position could be harmed; pending and future intellectual property litigation could be costly and disruptive and may have an adverse effect on our business, financial condition and results of operations; we may not successfully identify and complete acquisitions or divestitures on favorable terms or achieve anticipated synergies relating to any such transaction, and such transactions could result in unforeseen operating difficulties, regulatory issues and expenditures, require significant management resources and require significant charges or write-downs; we may not realize the expected benefits from our restructuring initiatives and continuous improvement efforts, and they may result in unintended adverse impacts to our business; our failure to comply with program integrity and data privacy and security laws may subject us to penalties and adversely affect our business, financial condition and results of operations; because we depend upon a limited group of suppliers and manufacturers and, in most cases, exclusive suppliers for products essential to our business. We may incur significant product development costs and experience material delivery delays if we lose any significant supplier, which could materially impact the rental and sales of our products; increased prices for, or unavailability of, raw materials or sub-assemblies used in our products could adversely affect our profitability or revenues; if a natural or man-made disaster strikes our or a third-party’s manufacturing facilities, we will be unable to manufacture our products for a substantial amount of time and our sales and profitability will decline; disruption to our distribution operations could adversely affect our business; our international business operations are subject to risks, including risks arising from currency exchange rate fluctuations, which could adversely affect our operating results; failure to comply with the Foreign Corrupt Practices Act of 1977, and other anti-corruption, anti-bribery and anti-money laundering laws associated with our activities outside the United States could subject us to penalties and other adverse consequences; we rely on the performance of our information technology systems, the failure of which could have an adverse effect on our business and performance; our operations are subject to environmental, health and safety laws and regulations that could require us to incur material costs; our ability to use net operating losses to offset future taxable income may be subject to certain limitations; changes in tax laws or exposure to additional income tax liabilities could have a material impact on our financial condition and results of operations; we may not be able to maintain our competitive advantages if we are not able to attract and retain key personnel; adverse changes in general domestic and global economic conditions and instability and disruption of credit markets could adversely affect our operating results, financial condition or liquidity; our substantial indebtedness may have a material adverse effect on our business, financial condition and results of operations including the ability to raise additional capital to fund our operations, limit our ability to react to changes in the economy or our industry, and prevent us from fulfilling our obligations; despite our current level of indebtedness, we may still be able to incur substantially more debt, which could further exacerbate the risks associated with our substantial leverage; we will require a significant amount of cash to service our debt, and our ability to generate cash depends on many factors beyond our control and any failure to meet our debt service obligations could materially adversely affect our business, financial condition and results of operations; our debt instruments restrict our current and future operations, particularly our ability to respond to changes or take certain actions; and our failure to comply with the agreements relating to our outstanding indebtedness, including as a result of events beyond our control, could result in an event of default that could materially adversely affect our business, financial condition and results of operations. These factors should not be construed as exhaustive and should be read in conjunction with the other cautionary statements that are included in our filings with the Securities and Exchange Commission (available on www.sec.gov), including our Annual Reports on Form 10-K and Quarterly Reports on Form 10-Q, including, among other sections, under the captions “Risk Factors” and “Management’s Discussion and Analysis of Financial Condition and Results of Operations.” Should one or more of these risks or uncertainties materialize, or should any of our assumptions prove incorrect, our actual results may vary in material respects from those projected in these forward-looking statements. Any forward-looking statement made by us speaks only as of the date made. Factors or events that could cause our actual results to differ may emerge from time to time, and it is not possible for us to predict all of them. We may not actually achieve the plans, intentions or expectations disclosed in our forward-looking statements and you should not place undue reliance on our forward-looking statements. Our forward-looking statements do not reflect the potential impact of any future acquisitions, mergers, dispositions, joint ventures, investments or other strategic transactions we may make. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise, except as may be required by any applicable securities laws.

 

APPLICABLE LAWS

This Acelity Web site [www.acelity.com] 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 Policy and the use of this Web site are governed by the laws of the United States of America and of the State of Texas. Any and all legal action relating to this Web site shall be brought exclusively in the federal or state courts of competent jurisdiction in the State of Texas. 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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OTHER RULES ABOUT THIS WEB SITE

In addition to the rules in these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Web site, such as when you purchase enhanced services, or by following a link from this Web site. Please read Acelity’s Privacy Policy to learn how we protect and use information that we gather through this Web site.
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 Policy 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 Policy, which shall remain in full force and effect. No waiver of any of these Terms of Use or the Privacy Policy 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 Web site indicates your understanding and agreement with Acelity’s Privacy Policy set forth at Online page of this site.
 

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