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Terms of Use

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. 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:

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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.

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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. KCI does not practice medicine or provide medical services or advice and the information on this Web site should not be considered medical advice.

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INTELLECTUAL PROPERTY


Copyright 1998 - 2013 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.

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 KCI products and services depicted in this Web site (www.kci1.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. 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.

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YOUR FEEDBACK, COMMENTS AND IDEAS

While KCI 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-commerical).

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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. KCI 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. KCI 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 KCI, its subsidiaries, affiliates or licensors, and, while most studies are independent studies, KCI 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 KCI, 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, KCI'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THE TOTAL LIABILITY OF KCI, 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 KCI, 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 KCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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LINKS TO OTHER WEB SITES


This Internet site may provide links to other Internet sites and third party controlled materials and information. KCI 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. KCI 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.


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INDEMNIFICATION


You agree to defend, indemnify and hold KCI, 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. KCI 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 KCI in asserting any available defenses.

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FORWARD-LOOKING STATEMENTS


This Internet site may contain forward-looking statements including, among other things, management's estimates of future performance, revenue and earnings, our management's growth objectives and our management's ability to produce consistent operating improvements. These forward-looking statements are based on expectations as of the time the statements were made only and are subject to a number of risks and uncertainties which could cause us to fail to achieve our then-current financial projections and other expectations, such as a change in the demand for a KCI product resulting from increased competition, a change in payer reimbursement policies, our ability to protect our intellectual property rights and general economic conditions. All information set forth in any presentation on this Web site is as of the date prepared and has not been updated since that date. We undertake no duty to update this information. More information about potential factors that could affect our business and financial results is included in our filings with the Securities and Exchange Commission, 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," which is on file with the SEC and available at the SEC's Web site at www.sec.gov.


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APPLICABLE LAWS


This KCI Web site [www.kci1.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. Not withstanding the foregoing, KCI 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 KCI’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 KCI Web site indicates your understanding and agreement with KCI’s Privacy Policy set forth at Online Privacy Policy page of this site.


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