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USER AGREEMENT

Copyright © 2001-2007 Smith & Nephew. All rights reserved.

Welcome to the Electronic Global Wound Academy (“EGWA”), owned and operated by Smith & Nephew.  We hope you will find EGWA to be informative and helpful.  Before you start using EGWA, you must first read and agree to abide by the terms and conditions of this User Agreement (the “Agreement”), including but not limited to Smith & Nephew’s disclaimer of all warranties.  If you do not agree to be bound by this Agreement, you are not permitted to use EGWA or any of the content, services, images, graphics, products or representations available on or accessible through EGWA.

1. Identity of contracting parties This legally binding Agreement is between you and Smith & Nephew , a corporation with its principal place of business at 11775 Starkey Road, Largo, FL (“Smith & Nephew”).  The terms “you” and “user” refer to all individuals and entities accessing EGWA for any reason.  The terms “us,” “we” and “our” refer to Smith & Nephew.  In this Agreement you will find the terms and conditions which govern your use of EGWA.  Certain areas of EGWA may be subject to additional terms and conditions.  By using such areas, or any part thereof, you agree to be bound by the additional terms and conditions applicable to those areas.  The Agreement may incorporate by reference other terms and conditions that can be found by clicking on relevant links in this Agreement. 2. User eligibility EGWA and its services are available only to individuals and entities who can form legally binding contracts under applicable law.  Without limiting the foregoing, EGWA and its services are not available to anyone under the age of thirteen (13).  If you do not meet the qualifications set forth in this paragraph, you may not use EGWA and its services. 3. No medical advice or treatment Neither EGWA nor any information contained herein constitutes any recommendation for treatment of a condition in any particular case nor does it constitute medical advice.  In no instance should you attempt to diagnose or treat a medical condition based solely on information provided on or through EGWA.  If you suspect you have a health problem, you should immediately seek diagnosis and treatment from a qualified healthcare professional. Use of EGWA does not constitute the establishment of a physician-patient relationship between Smith & Nephew and yourself. Any Smith & Nephew products shown in EGWA are provided for informational and educational purposes only.  Please note that some products shown on EGWA may not be available in all countries or may be known by a different name and indications for use may vary from country to country. 4. Permissible uses of EGWA materials EGWA is for your personal use.  Without first obtaining Smith & Nephew’s express written permission, you may not modify, copy,  distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from EGWA. 5. Privacy policy The following privacy policy applies only to EGWA.  If you access another site through EGWA, you should review that site’s privacy policy. Smith & Nephew is not responsible for the privacy practices or contents of other websites. A. Types of Information Collected [1] Traffic Data Collected.  Smith & Nephew automatically tracks and collects the following information when you visit EGWA:  (i) your IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser (collectively “Traffic Data”).  Traffic Data is anonymous information that does not personally identify you.  Smith & Nephew also uses “cookies” to customize content specific to your interests and to store your password so you do not have to re-enter it each time you visit EGWA. [2] Personal Information Collected.  In order for you to access certain services, Smith & Nephew may require you to provide information that personally identifies you (“Personal Information”).  Personal Information may include:  (i) “Contact Data” (such as your name, mailing and e-mail addresses); (ii) “Financial Data” (such as your account or credit card number); and (iii) “Demographic Data” (such as your zip code, age and income). B. Uses of Information Collected We use Traffic Data to evaluate the usage of EGWA and to improve its content and services.  We use Contact Data to send you information about our products or services or to contact you when necessary.  We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services.  We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences. C. Sharing of Data Except as otherwise provided in this Privacy Policy, we will keep your Traffic Data and Personal Information private and will not share it with third parties, unless such disclosure is necessary  to:  (a) Comply with a statute, regulation, a court order or other legal process; (b) Protect our rights or property; or (c) Enforce this Agreement. D. Confidentiality and Security of Personal Information Your Personal Information is stored on secure servers that are not accessible by third parties.  We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser. E. User Ability to Access, Update and Correct Personal Information In order to ensure that all of your Personal Information is correct and up-to-date, at any time you may visit your personal profile at www.globalwoundacademy.com.  Through your personal profile you may: (a) review and update your Personal Information that we have already collected; (b) choose whether or not you wish us to send you information about our company, or promotional material from some of our partners; or (c) choose whether or not you wish us to share some of your Personal Information with third parties. F. Lost or Stolen Information You must promptly notify us if your credit card, user name or password is lost, stolen or used without permission.  In such an event, we will cancel that credit card number, user name or password and update our records accordingly. G. Other Limits to Your Privacy We may make chat rooms, forums, message boards, and news groups available to you through EGWA.  Please understand that any information that is disclosed in these areas becomes public information.  We have no control over its use and you should exercise caution when deciding to disclose your Personal Information. 6. Restrictions on uploading materials EGWA may provide you with the opportunity to upload materials and to communicate with other users of EGWA.  You agree to use EGWA and any services offered through EGWA only to send and receive materials that are proper and related to the educational focus of EGWA.  Without limiting the foregoing, you warrant and agree that you will not: · Defame, threaten or otherwise violate the legal rights of any third party, including but not limited to any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; · Violate any law, statute, ordinance or regulation, including but not limited to laws governing consumer protection, unfair competition, and false advertising; · Distribute any profane, defamatory, obscene, threatening, harassing or unlawful material; · Upload files unless you own the material in those files or have received all necessary consents from the owners of the material in those files; · Upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any software or programming routines which are intended to damage or interfere with the operation of EGWA or any user’s computer or which are designed to surreptitiously intercept or expropriate any system, data or personal information from EGWA or any user’s computer; · Upload any files which contain false notices of origin, copyright, authorship, or other proprietary designations or files from which the notices of origin, copyright, authorship, or other proprietary designations have been deleted; · Advertise or offer to sell any goods or services for any commercial purpose; · Distribute or conduct contests, pyramid schemes or chain letters; · Download any file that you know, or reasonably should know, cannot be legally distributed; and · Restrict or inhibit any other user from using and enjoying EGWA or services offered through EGWA. 7. Requirement of indemnification for damage caused by users As a condition of your use of EGWA, you warrant to Smith & Nephew that you will not use EGWA for unlawful purposes or in ways which are prohibited by this Agreement or which could damage or disable the site or interfere with any other party’s use and enjoyment of EGWA.  You agree to indemnify and hold Smith & Nephew and its subsidiaries, affiliates, officers, agents and employees (collectively referred to as “Smith & Nephew”) harmless from any breach of your warranty, including but not limited to any claim made by any third party which  is due to or arises out of your use of Smith & Nephew’s EGWA and services.  Your obligation to indemnify and hold Smith & Nephew harmless extends to any judgments, awards, settlements and costs, including reasonable attorney’s fees, which stem from a breach of your warranty or any claims made by any third party which is due to or arises out of your use of Smith & Nephew’s EGWA website and services. 8. Disclaimer of responsibility for errors and omissions EGWA may include technical inaccuracies or typographical errors.  Smith & Nephew does not warrant the accuracy of any of the information, content, services, images, graphics, products or representations appearing on or accessible through EGWA.  We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice. 9. Disclaimer of liability for inoperable website and loss of data Smith & Nephew does not provide any warranty that the information contained on EGWA will be available, accessible, uninterrupted, timely, secure or operate without error nor that this website will be free of viruses or other harmful elements.  Smith & Nephew shall not be liable for any damages or injury resulting from your access to, or inability to access, EGWA, or from your reliance on any information provided at EGWA. Smith & Nephew also does not guarantee that it will maintain, store, archive or safeguard any information you upload or store on or through EGWA.  It is your responsibility to make backup copies of any material you upload or store on or through EGWA so that you will have access to that material in the event EGWA becomes inoperable or its data becomes corrupted. 10. Disclaimer of  responsibility for material posted by others There are links on EGWA which allow you to leave EGWA and to visit other websites which are not under Smith & Nephew’s control or direction.  Accordingly, Smith & Nephew is not and cannot be held liable or responsible for the content, services, images, graphics, products or representations of any linked website.  Smith & Nephew cannot and does not guarantee, represent or warrant that the content contained in those linked websites is accurate, legal and inoffensive, or that those sites do not contain viruses or will not otherwise adversely affect your computer.  Smith & Nephew provides links to these other websites solely as a convenience to you.  Smith & Nephew’s inclusion of any link does not imply Smith & Nephew’s sponsorship, endorsement, affiliation, or approval of the linked website. Smith & Nephew does not pre-screen, monitor, control or endorse the information, content, services, images, graphics, products or representations which users place on EGWA and therefore Smith & Nephew specifically disclaims any liability with regard to the information, content, services, images, graphics, products or representations posted by EGWA users and any actions resulting from your participation in EGWA. 11. Disclaimer of all express and implied warranties ALL INFORMATION, CONTENT, SERVICES, IMAGES, GRAPHICS, PRODUCTS OR REPRESENTATIONS CONTAINED ON OR ACCESSIBLE THROUGH EGWA IS PROVIDED “AS IS” AND SMITH & NEPHEW HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.  SMITH & NEPHEW DOES NOT WARRANT THAT THE EGWA WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS LISTED ABOVE MAY NOT APPLY TO YOU. 12. Limitation on liability for damages SMITH & NEPHEW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS “SMITH & NEPHEW”) IS NOT LIABLE FOR ANY  SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, USAGE OF AND/OR RELIANCE ON ANY INFORMATION, CONTENT, SERVICES, IMAGES, GRAPHICS, PRODUCTS OR REPRESENTATIONS CONTAINED ON OR ACCESSIBLE THROUGH EGWA; SMITH & NEPHEW IS NOT LIABLE FOR THESE DAMAGES, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED SMITH & NEPHEW OF THE POSSIBILITY OF SUCH DAMAGES. SMITH & NEPHEW’S TOTAL LIABILITY FOR ALL DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNTS PAID BY USER TO SMITH & NEPHEW PURSUANT TO THIS AGREEMENT FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE LIMITATIONS AND EXCLUSIONS LISTED ABOVE MAY NOT APPLY TO YOU. 13. Smith & Nephew’s right to terminate your access If you fail to abide by the terms and conditions of this Agreement, Smith & Nephew may, with or without notice, terminate your access to and use of EGWA and may remove and discard any material which you have uploaded, posted, distributed or otherwise made available through EGWA.  Smith & Nephew shall not be liable to you or to any third-party for the exercise of its rights under this paragraph. 14. Mandatory arbitration of all disputes Any controversy or claim arising out of or relating to the Agreement, the EGWA, or the products and services offered at or through EGWA, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The exclusive venue for any proceeding arising out of or relating to the Agreement, the EGWA, or the products and services offered at EGWA, shall be as follows:  Any arbitration shall be conducted in Memphis, Tennessee, U.S.A. and judgment on the arbitration award may be entered in any court having jurisdiction thereof.  Either you or Smith & Nephew may seek any interim or preliminary relief necessary to protect the rights or property of you or Smith & Nephew pending the completion of arbitration from a court of competent jurisdiction in Memphis, Tennessee, U.S.A.  Any arbitration or action related to this Web site will be governed by Tennessee law and U.S.A. federal law. No action for an equitable remedy or arbitration proceeding may be asserted by either party against the other party unless it is commenced within one (1) year of the earlier to occur of:  (a) the date the claim arose, or (b) the date the party became aware or should have become aware of the claim. 15. Status of parties You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smith & Nephew as a result of your use of EGWA. 16. Copyright notice Unless otherwise noted, all contents of EGWA, including but not limited to words, images and sounds, are:  © 2005 Smith & Nephew .  All rights reserved.  You may not reproduce, copy, download or distribute any content of this site without first obtaining express written permission from Smith & Nephew.  Violations of Smith & Nephew’s copyrights may result in civil and criminal penalties. 17. Trademark notice “Electronic Global Wound Academy” is a service mark of Smith & Nephew and may not be reproduced without Smith & Nephew’s express written permission.  The design and layout of EGWA is protected as trade dress and may not be copied or imitated in whole or in part without Smith & Nephew’s express written permission.  Violations of Smith & Nephew’s trademark rights may result in civil and criminal penalties. 18. Severability of provisions The provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions.  If any provision of this Agreement is invalid or unenforceable, (i) a suitable and equitable provision shall be substituted in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (ii) the remainder of this Agreement and the application of such provision to other persons, entities or circumstances shall not be affected by such invalidity or unenforceability of such provision, or the application thereof, in any other jurisdiction.  A printed version of this Agreement and of any future notice from Smith & Nephew given in electronic form shall be admissible in any proceeding based upon or relating to this Agreement or notice to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 19. Right to amend Agreement Smith & Nephew reserves the right to amend this Agreement, including its Privacy Policy, by posting the amended terms on EGWA.  The amended terms will become effective thirty days after being posted on EGWA.  By continuing to use EGWA after the effective date, you will be deemed to have accepted the amended terms. 20. Integrated contract This Agreement represents the entire understanding between yourself and Smith & Nephew relating to your use of EGWA and shall prevail over any prior or contemporaneous, conflicting or additional, communications.  Use of EGWA is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. 21. Submissions You may contact Smith & Nephew via email at contactus.gwa@smith-nephew.com.  Any ideas, suggestions, images, sounds, messages or other communications (collectively “Communications”) which you send to Smith & Nephew shall become and remain Smith & Nephew’s exclusive property.  Your submission of Communications shall constitute an assignment of all rights in those Communications, including your copyrights, and shall entitle Smith & Nephew to distribute, use, exhibit, exploit, prepare derivative works, sublicense, sell and otherwise dispose of the Communications anywhere throughout the world, free of any royalty or license fee whatsoever, in any medium which exists or which may hereafter be developed. 22. Date of last modification This Agreement was last modified on July 1, 2005.

IF YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS OF THE USER AGREEMENT, PLEASE CLICK “I ACCEPT.”