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PRIVACY POLICY

Effective Date: October 3, 2017

ACELITY, through its subsidiaries KCI USA, Inc. and KCI Licensing, Inc. ("Acelity") respects your concerns about privacy and value the relationship we have with you. This Privacy Policy applies to personal information we collect on the Acelity websites and mobile applications (collectively, the "Sites") that link to this Privacy Policy. This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business relationship not handled through the Sites).

This Privacy Policy describes the types of personal information we collect on the Sites, how we use the information, with whom we share it, and the choices available regarding our use of the information. We also describe the measures we take to protect the security of the information and how to contact us about our privacy practices.

Information We Obtain
We may obtain certain personal information (such as your name and contact details) when you choose to provide them through our Sites. In some cases, another individual may provide your personal information to us via our Sites. The types of information we may obtain include:

In addition, when you visit our Sites, we may obtain certain information by automated means, such as cookies and web beacons. The information we obtain in this manner includes IP address, browser characteristics, device characteristics, operating system, language preferences, referring URLs, geographic location, information on actions taken on our site, and dates and times of website visits. A "cookie" is a text file that websites send to a visitor's computer or other Internet-connected device to uniquely identify the visitor's browser or to store information or settings in the browser. A "web beacon," also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain "clickstream data," which is a log of content on which a visitor clicks while browsing a website. As the visitor clicks through the Sites, a record of the action may be collected and stored. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites.

How We Use the Information We Obtain
We may use the information we obtain through the Sites to:

In addition, we use information collected online through cookies, web beacons and other automated means for purposes such as (i) customizing our users' visits to our Sites, (ii) delivering content (including advertising) tailored to our users' interests and the manner in which our users browse our Sites, and (iii) managing our business.

We also use this information to help diagnose technical and service problems, administer our Sites, identify users of our Sites, and gather demographic information about our users. We use clickstream data to determine how much time users spend on web pages of our Sites, how users navigate through our Sites, and how we may tailor our Sites to better meet the needs of our users.

We may use third party web analytics services on the Sites, such as those of Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Sites. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the Sites. To learn more about Google Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html.

We also may use the information in other ways for which we provide specific notice at the time of collection.

Response to "Do Not Track" Signals
Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates, although web browsers incorporate and activate this functionality in different ways, and it is not always clear whether users intend for these signals to be transmitted. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. We currently do not take action in response to these signals, but, if and when a standard is established and accepted, we may reassess how to respond to these signals.

Network Operators
Use of the Sites may involve use of the services of third-party telecommunications carriers and service providers (such as the services of the carrier that provides cellphone and Internet service to you). Such carriers and service providers are not our contractors, and any information that a carrier collects in connection with your use of the Services is not personal information and is not subject to this Privacy Policy. We are not responsible for the acts or omissions of telecommunications carriers or service providers.

Information We Share
We do not sell, rent, license, trade, or otherwise share personal information about you, except as described in this Privacy Policy, unless we receive your express consent to do so. We share personal information with third parties who perform services on our behalf. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share the personal information we obtain with our affiliates, subsidiaries and joint marketing partners.

In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials based on a lawful disclosure request, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). We will require any such successor business to honor the terms of this Privacy Policy.

Protected Health Information Subject to HIPAA and Other Laws
When we provide the Sites to nurses and healthcare providers, we may be subject to federal healthcare privacy and security standards under the US Health Insurance Portability and Accountability Act ("HIPAA") or equivalent provisions protecting sensitive/special categories of personal data under other applicable laws. Use of "protected health information" or special category of personal data subject to other applicable laws within the Sites is prohibited.

Children's Privacy Protection
Under Age 13. We do not knowingly collect or retain personal information about persons under 13 years of age. Any person who provides their personal information to us via the Sites represents that they are 13 years of age or older. If you have reason to believe that a child under the age of 13 has provided personal information to us without parental consent, please contact us, and we will make every effort to delete that information from our databases. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. No one under the age of 13 should submit any personal information to us, or the Sites.

Under Age 18. Minors under 18 years of age, but who are 13 or above, may have the personal information that they have provided to us through the Sites deleted by contacting us as specified in the How to Contact Us section of this Privacy Policy and requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all our systems and back-up systems.

Your Choices
We offer you certain choices in connection with the personal information we obtain from you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as specified in the How to Contact Us section of this Privacy Policy.

How We Protect Personal Information
We understand that storing our data in a secure manner is essential. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Please note, however, that while we have endeavored to create secure and reliable Sites for users, the confidentiality of any communication or material transmitted to/from the Sites cannot be guaranteed. Details of these safeguards can be provided on request.

Links to Other Websites
Our Sites may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the websites' content, any use of the websites, or the privacy practices of the websites.

Changes to this Privacy Policy
It is important that you check back often for updates to the Privacy Policy. This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. If we update the Privacy Policy, we will let you know about our changes we consider material by placing a note on the relevant web page you use to access the Sites or you may receive an email with notification of the updated Policy. By accessing or using the Sites after we have placed the updated Policy, you consent to the new practice(s) identified in the update. You can check the "effective date" posted at the top to see when the Privacy Policy was last updated. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.

How to Contact Us
If you have any questions or comments about this Privacy Policy or if you would like us to update information we have about you or your preferences, to exercise your rights of access, rectification, blocking, or deletion, or to object to the processing of your personal information, please contact us by email at privacy.office@acelity.com or write to us at:

Acelity
Attention: Privacy Office
12930 Interstate 10 West
San Antonio, TX 78249

Nurse2Nurse App

1 TERMS OF SERVICE

ACELITY, through its subsidiaries KCI USA, Inc. and KCI Licensing, Inc., ("Acelity," "us,"our" or "we"), provides a messaging and communications service (the "Services") through our website (the "Site") and our application for mobile devices, tablet computers and similar devices (the "App"). Please read carefully the following terms and conditions ("Terms"). These Terms govern your access to and use of the Site, Services, App and Collective Content (defined below), and constitute a binding legal agreement between you and Acelity.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "AGREE" OR "I ACCEPT" BUTTON, OR ACCESSING OR USING THE SITE, SERVICES OR APP, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SITE, SERVICES OR APP, YOU ARE INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR APP. YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, APP OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" extends beyond you to also refer and apply to that company or other legal entity.
Certain areas of the Site and App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, App or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, App or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in the future shall be subject to these Terms.

2 KEY CONTENT-RELATED TERMS

"Acelity Content" means Content that we make available through the Site, Services or App, including any Content licensed from a third party, but excluding Registered User Content.
"Collective Content" means, collectively, Acelity Content and Registered User Content.
"Content" means text, data, graphics, images, videos, software (excluding the App) information or other materials.
"Registered User" and "you" means a person that completes the Nurse2Nurse App's account registration process, as described in the "Account Registration" section below; "your" applies as the meaning of the clause requires.
"Registered User Content" means Content a Registered User posts, uploads, publishes, submits or transmits to be made available through the Site, Services or App.

3 MODIFICATION

We reserve the right, in our sole discretion, to modify, discontinue or terminate the Site, Services or App or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification. By continuing to access or use the Site, Services or App after we have posted a modification via the Site or App or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Site, Services and App.

4 ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES

Access to and use of the Services is limited to individuals who are at least 18 years of age and residents of the United States. You must register to create an account ("Account") and become a "Registered User" to use the Services. To register, you must provide a user name, email address, state of practice, zip code, employer, medical specialty, and other information specified in the registration form ("Registration Data"). By registering, and in consideration of the use of the Services, you represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current and complete. You authorize us to confirm the truthfulness and accuracy of the Registration Data but agree that such authorization in no way binds us to do so. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You agree that all Registration Data is governed by our Privacy Policy (located under the Settings tab within the App), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services (i) requires an active Wi-Fi connection or access to a 4G or LTE connection and (ii) may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services. You understand and agree that the Services may include certain communications from us, such as service announcements and administrative messages, and that while these communications are sent pursuant to your Nurse2Nurse App account, you will be able to opt out of receiving them. Please note that we do not currently charge fees for the use of the Services. However, you acknowledge and agree that we reserve the right, in our sole discretion, to charge you for and collect fees from you for the use of the Services. We will provide notice of any fee collection via the Services, prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, we reserve the right to immediately terminate your access to the Services.

5 SECURITY

The Services are designed to require users to provide a valid, working cell phone number, e-mail address and password to access and use the Site, Services, App and Collective Content. Upon registering, you will select a password. Your e-mail address and the password and codes assigned to you are, collectively, your "User Information." You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify us in writing by email of any unauthorized loss, use, disclosure, acquisition of or access to your User Information or any other suspected or actual breach of security of which you are aware that is associated with the use of the Site, Services, App or Collective Content. You understand that we cannot and do not guarantee that the functions contained in the Services, Site and App will be free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services, Site and App for any reconstruction of any lost data. We are not and shall not be liable for any harm arising from or relating to the loss, theft or other compromise of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access to or exceed authorized access to the Site, Services, App or Collective Content shall be punishable under law. We hereby notify you that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to governmental authorities as deemed necessary or advisable by us in our sole discretion and without further notice. Notwithstanding the foregoing, as a Registered User, you remain responsible for your individual compliance with any additional applicable notification requirements related to the unauthorized loss, use, disclosure, acquisition of or access to or other compromise of User Information or Registered User Content. You are also solely responsible for (1) training all personnel who may use the Site, Services, App or Collective Content, (2) documenting any such training, and (3) communicating security awareness and the Unified Compliance framework to all personnel who may use the Site, Services, App or Collective Content.

6 DISCLAIMERS

6.1 NO DIAGNOSTIC SERVICE

ACELITY IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THE APP IS NOT INTENDED TO BE USED AS A MEANS OF DIAGNOSING OR TREATING PATIENTS. THE APP IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH USES OR PURPOSES, AND YOU SHALL NOT USE THE SITE, SERVICES OR APP FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF THE SITE, SERVICES, AND APP FOR SUCH UNAUTHORIZED USES OR PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTH PROFESSIONALS. THE APP IS INTENDED AS A MEANS TO (I) PROVIDE YOU WITH INFORMATION AND EDUCATION ABOUT ACELITY PRODUCTS (II) KEEP IN TOUCH WITH OTHER WOUND CARE NURSES, (III) SHARE SUCCESS STORIES, AND (IV) PARTICIPATE IN DISCUSSIONS AND DEBATES. , (. NOTWITHSTANDING THE FOREGOING, THE DECISION TO USE AN ACELITY PRODUCT FOR A PATIENT REQUIRES A VALID PHYSICIAN ORDER AND IS THE SOLE RESPONSIBILITY OF THE PATIENT'S TREATING PHYSICIAN.

6.2 NO WARRANTY

YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES OR APP IS SOLELY AT YOUR OWN RISK.

7 PRIVACY

State and Federal laws, as well as ethical and licensure requirements of your profession and health regulatory college impose obligations with respect to the protection of privacy and patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain confidential patient information ("Patient Information") and/or to transmit Patient Information to third parties without express consent.

You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you (including but not limited to HIPAA) that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, security and storage of Patient Information, and require all persons or entities under your direction or control to comply with such laws, including all applicable Privacy Laws (as defined in Section 9 of this Agreement). You are at all times solely responsible for obtaining and maintaining all patient consents and authorizations, if applicable, and all other legally necessary consents, authorizations or permissions required or advisable to disclose, use, process, retrieve, transmit, and view the information of Patients under your care. Likewise, You are at all times solely responsible for de-identifying any patient information that you transmit, store, or receive in connection with the Site, Services, App consistent with Health and Human Services guidance on de-identifying Protected Health Information.

We cannot and expressly do not assume any responsibility for your use or misuse of Patient Information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the Site, Services, App or Collective Content. We reserve the right to amend or delete any Collective Content (along with the right to revoke any membership or restrict access to the Site, Services, App or Collective Content) that we determine in our sole discretion violates the provisions of these Terms.

We do not assume any responsibility for any determinations regarding any reporting or notification obligations arising from any use or misuse of Patient Information or other information; these determinations and your actions in response to such determinations remain your sole responsibility. Your representations, warranties, and obligations in this section survive termination of these Terms.

Our Privacy Policy (located under the Settings Tab within the App) is incorporated into and made part of these Terms. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to us by electronic mail or otherwise will be used by Acelity in accordance with the Privacy Policy. Any other communication or material you transmit to us, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

8 OWNERSHIP OF CONTENT

KCI Licensing, Inc. retains all intellectual property rights in and to the Acelity Content (including all copyrights, patents, service marks, trademarks, trade secrets, and other intellectual property rights), including but not limited to any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation. Except for rights specifically provided in these Terms, you hereby assign to KCI Licensing, Inc. all other intellectual property rights it may now or hereafter possess in the Acelity Content, and all derivative works and improvements thereof, and agree to execute all documents, and take all actions, that may be necessary to confirm such rights. You also agree to retain all proprietary marks, legends and patent and copyright notices that appear on the Acelity Content and all whole or partial copies thereof.

We do not claim ownership of any Registered User Content that you post on or through the Service. Instead, you hereby grant to us the license set forth in Section 9. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable license to view any Registered User Content to which you are permitted access. You have no right to sublicense the license rights granted in this section.

9 LICENSE GRANTED BY REGISTERED USER

We may, in our sole discretion, permit Registered Users to post, upload, publish, submit or transmit Registered User Content. By making available any Registered User Content on or through the Site, Services or App, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Registered User Content. You agree that this license includes the right for us to make your Registered User Content available to other users of the Services, who may also view your Registered User Content subject to these Terms. We do not claim any ownership rights in any Registered User Content.

You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site, Services or App. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available through the Site, Services or App or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Content or our use of the Registered User Content (or any portion thereof) on, through or by means of the Site, Services or App will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, the Data Protection Act 1998, and any other applicable federal or state privacy laws (collectively, the "Privacy Laws"). You retain the sole responsibility of your individual compliance with applicable laws.

10 INTELLECTUAL PROPERTY RIGHTS; LICENSES

10.1 Acelity IP. KCI Licensing, Inc. retains all intellectual property rights in and to the Services, Site and App, and all related documentation interest (including all copyrights, patents, service marks, trademarks, trade secrets, and other intellectual property rights), including but not limited to any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation. Except for rights specifically provided in these Terms, you hereby assign to KCI Licensing, Inc. all other intellectual property rights you may now or hereafter possess in the Services, Site and App, and related documentation, and all derivative works and improvements thereof, and agree to execute all documents, and take all actions, that may be necessary to confirm such rights. You also agree to retain all proprietary marks, legends and patent and copyright notices that appear on the Services, Site and App, and any related documentation delivered to you by Acelity and all whole or partial copies thereof.

10.2 Trademarks. KCI Licensing, Inc. and KCI USA, Inc. retains all rights and ownership in their respective trademarks ("Acelity Trademarks").  You agree that any goodwill generated by your use of Acelity Trademarks shall inure solely to the benefit of Acelity, and that you will not use Acelity Trademarks in a manner that reflects adversely upon Acelity or damages the goodwill associated with Acelity Trademarks.

10.3 Unauthorized Use. You shall promptly notify Acelity in writing upon your discovery of any unauthorized use or infringement of the Services, Site or App, or the related documentation, or Acelity's intellectual property rights with respect thereto. Acelity shall have the sole and exclusive right to bring an infringement action or proceeding against any infringing third party, and, in the event that Acelity brings such an action or proceeding, you shall cooperate and provide full information and assistance to Acelity and its counsel in connection with any such action or proceeding.

10.4 License to the Services. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to use and access the Services solely for your own personal and professional use.

10.5 App License. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal and professional use. The non-transferable license is also limited by any terms of service provisions required by the vendor from whom you downloaded the Nurse2Nurse App (e.g., Apple iTunes, Google Play, etc.) (hereinafter, "App Vendor").

10.6 Restrictions. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, App or Collective Content, except as expressly permitted in these Terms. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services, Site and/or App in breach of these Terms, your right to use the Services, Site and App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Services, Site or App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Acelity or its licensors, except for the licenses and rights expressly granted in these Terms.

11 FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Services or App ("Feedback"). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

12 GENERAL PROHIBITIONS; EXPORT; MONITORING

You agree not to do any of the following:

12.1 Post, upload, publish, submit or transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (II) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any Individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

12.2 Use, display, mirror or frame the Site or App, or any individual element within the Site, Services or App, Acelity names, any Acelity trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Acelity's express written consent; Access, tamper with, or use non-public areas of the Site or App, Acelity's computer systems, or the technical delivery systems of Acelity's providers; Attempt to probe, scan, or test the vulnerability of any Acelity system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Acelity or any of its providers or any other third party (including another user) to protect the Site, Services, App or Collective Content; Attempt to access or search the Site, Services, App or Collective Content or download Collective Content from the Site, Services or App through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than the software and/or search agents provided by Acelity or other generally available third party web browsers; Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, from the App or otherwise; Use any meta tags or other hidden text or meta data utilizing an Acelity trademark, logo URL or product name without Acelity's express written consent; Use the Site, Services, App or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms; Forge any TCP/ IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Collective Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Services or App; Collect or store any Patient Information from the Site, Services or App from other users of the Site, Services or App without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.

12.3 The App is controlled under US export laws. The United States export control laws prohibit the export of certain technical data and software to certain territories. Neither the App nor any other software from the Services may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading the App or any other software relating to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Acelity does not authorize the downloading or exportation of the App or any software or technical data from the Services to any jurisdiction prohibited by the United States export control laws.

12.4 Diversion or use contrary to law is prohibited. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site, Services, App or Collective Content or to review or edit any Collective Content, but have the right to do so for the purpose of operating the Site, Services and App, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right at any time and without prior notice, to remove or disable access to any Collective Content that we, in our sole discretion, considers to be in violation of these Terms, or otherwise harmful to the Site, Services or App.

13 COPYRIGHT

Acelity respects copyright law and expects its users to do the same. You acknowledge that Acelity may terminate in appropriate circumstances Registered Users or other account holders who are believed to have infringed the rights of copyright holders.

Acelity will investigate claims of copyright infringement and take appropriate actions, including under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that any content accessible through the Services has infringed your copyright, you may submit a written notification of claimed copyright infringement to the following Designated Agent:

Acelity
Attn General Counsel
12930 W. Interstate 10
San Antonio, Texas 78249

DMCA Notification

To be effective, the notification must be written and include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you claim to have been infringed, or, if the claim involves multiple copyrighted works, a representative list of such works.
  3. Identification of the material you claim 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 us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit us to contact you, including your address, telephone number, and, if available, an email address.
  5. A statement 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

After removing material according to a valid DMCA notice, we will immediately notify the individual responsible for the allegedly infringing material that we have removed or disabled access to the material.

How to Make a Counter Notification

If you are a Registered User of our Services and you feel that material that you have placed on the Services and that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512(g)(3) of the DMCA requires that, to be valid, the counter notification must be written and addressed to our Designated Agent (listed above) and must provide the following information:

  1. Your physical or electronic signature.
  2. Identification 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.
  3. Information reasonably sufficient to permit us to contact you, including your address, telephone number, and, if available, an email address.
  4. 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.
  5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you reside outside of the United States, for any judicial district in which Service may be found, and that you will accept service of process from the person who provided notification to us or an agent of such person.

Our Designated Agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, Acelity is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.

If you do not comply with all of the requirements of this Copyright Policy, your DMCA notice or counter notification may not be valid. Only DMCA notices and counter notifications should go to our Designated Agent.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you send an email or notice to our Designated Agent without a proper subject line, or for purposes other than communication about copyright claims, we may not acknowledge or respond to your communication. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at supp.n2n@gmail.com. We reserve the right, in our sole discretion, to terminate any access by individuals for actual or apparent copyright infringement.

14 LINKS

The Site, Services or App may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

15 TERM; TERMINATION AND ACCOUNT CANCELLATION

Your access to the Services, Site and App shall begin on the date you become a Registered User and shall continue until terminated earlier under the provisions of this section.

If you breach any of these Terms, we will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Site, Services, App and Collective Content at any time, with or without cause. You may cancel your Account at any time by contacting us. The change will be processed within seven (7) days.

Upon the expiration or sooner termination of these Terms, all of your license rights under these Terms shall automatically and immediately cease and you shall promptly cease all uses of the Service and Site, and you shall uninstall the App. This paragraph and Section 1 through Section 9, Section 10.1 through Section 10.3, Section 10.6, Section 11 through Section 14, and Section 16 through Section 21 shall survive the expiration or sooner termination of these Terms.

16 DISCLAIMERS

THE SITE, SERVICES, APP AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ACELITY EXPLICITLY DISCLAIMS ANY WARRANTIES OF Merchantability, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF Dealing OR USAGE OF TRADE. Acelity MAKES NO WARRANTY THAT THE SITE, SERVICES, APP OR COLLECTIVE CONTENT Will MEET YOUR REQUIREMENTS OR BE Available ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ACELITY MAKES NO WARRANTY REGARDING THE Quality OF ANY PRODUCTS, SERVICES OR Collective CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES OR APP OR THE ACCURACY, Timeliness, Truthfulness, Completeness OR Reliability OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR APP. YOU MAY NOTIFY THE APP VENDOR IN THE EVENT OF ANY Failure OF THE APP TO CONFORM TO THE ABOVE-STATED WARRANTY. THE APP VENDOR WILL REFUND THE PURCHASE PRICE OF THE NURSE2NURSE APP TO YOU, BUT THE APP VENDOR WILL HAVE NO OTHER WARRANTY Obligation WHATSOEVER WITH RESPECT TO THE NURSE2NURSE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACELITY OR THROUGH THE SITE, SERVICES, APP OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT Expressly MADE HEREIN. YOU ARE Solely RESPONSIBLE FOR Al l OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APP. YOU UNDERSTAND THAT ACEliTY DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SITE, SERVICES OR APP, NOR DOES ACELITY VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SITE, SERVICES OR APP. ACELITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, SERVICES OR APP OR THEIR Compatibility WITH ANY CURRENT OR FUTURE USERS OF THE SITE, SERVICES OR APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

17 INDEMNITY; LIMITATION OF LIABILITY

You agree to defend, indemnify, and hold Acelity, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, App or Collective Content, or your violation of these Terms. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER ACELITY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APP OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOST DEVICES AND LOSS OF DATA.

18 Governing Law

This Agreement shall be construed, Interpreted and governed by the laws of the State of Texas without regard to conflicts of law provisions thereof. You agree that the exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in Bexar County, Texas, USA.

19 Arbitration

To the extent permitted by law, before you may begin arbitration with respect to a dispute involving any aspect of this Agreement, you shall notify Acelity and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following:

19.1. Any unresolved dispute arising under the terms of this Agreement shall be decided by arbitration conducted through the services of the American Arbitration Association (hereinafter referred to as the "AAA").

19.2. Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement. Arbitration hearings shall be held in Bexar County, Texas at a location mutually agreeable to the parties.

19.3. There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to hear the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until one remains. The party giving notice of the Arbitration demand shall be first to indicate its selection.

19.4. Each party shall pay its own costs and expenses, including reasonable attorney's fees, Incurred by a party in enforcing its rights under this Agreement.

20. Additional Terms Related to Apple and the App Store Terms of Service

20.1. Acknowledgement: You acknowledge that this Agreement is concluded between the Registered User and Acelity only, and not with Apple, and Acelity, not Apple, is solely responsible for the App and the Acelity Content and the content thereof. In the case of any conflict between this EULA and the App Store Terms of Service as of the Effective Date (which you acknowledge you have had the opportunity to review), the App Store Terms of Service will control.

20.2. Scope of License: The license granted to the Registered User for the App is limited to a nontransferable license to use the App on any iPhone or iPod touch that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.

20.3. Maintenance and Support: The Registered User and Acelity agree and acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App

20.4. Warranty: Apple has no responsible for any product warranties, whether express or implied bylaw, and to the extent any warranty is not effectively disclaimed, Acelity is solely responsible for product warranties. In the event of any failure of the App to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Acelity.

20.5. Product Claims: Acelity and the Registered User agree and acknowledge that Apple is not responsible for addressing any claims of the Registered User or any third party relating to the Licensed Application or the Registered User's possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

20.7. Legal Compliance: The Registered User hereby represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and {ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

20.8. User Complaints: Questions, complaints, or questions regarding this App may be directed to:

Nurse2Nurse Support
14988 Sand Canyon Avenue
Studio 5
Irvine, CA 92618
(949) 336-6000
supp.n2n@gmail.com

20.9. Third Party Beneficiary: The Registered User and Acelity agree and acknowledge that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon the Registered User's acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the Registered User as a third party beneficiary thereof.

21 MISCELLANEOUS

21.1 Waiver and Severability. No waiver of by Acelity of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Acelity to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

21.2 Entire Agreement. These Terms constitute the sole and entire agreement between you and Acelity with respect to the Services, Site, App and Collective Content, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services, Site, App and Collective Content.

21.3 Assignment. Acelity may assign its rights and duties under these Terms to any party at any time without notice to you. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Acelity. Any purported assignment or delegation by you without the appropriate prior written consent of Acelity will be null and void.


NOTE: The Nurse2Nurse App is a closed network accessible only via invitation from KCI. All conversations are monitored by KCI. Users must accept the terms and conditions and code of conduct outlined in the End User License Agreement in order to participate.

Copyright 2018 KCI Licensing, Inc. All rights reserved. App Store is a trademark of Apple, Inc. Google Play is a trademark of Google, Inc. Unless otherwise designated, all trademarks designated herein are proprietary to KCI Licensing, Inc., KCI USA, Inc., their affiliates, and/or licensors. PRA-PM-US-00514 (06/18)