Terms of Use - DYSIS Medical

Terms of Use

Please read our policy below, which explains how users should interact and engage with our website.

Effective Date: September 4, 2020.

These Terms of Use (“Terms of Use” or “Terms”) describe the rules for visitors to this DYSIS
Medical, Inc. (“we”, “us”, “our”, or “DYSIS”) website (“Website”). Access to and use of our Website is
subject to these Terms and all applicable laws. By using our Website, you agree to these Terms
and all other rules, policies, and procedures without limitation or qualification. If you do not agree
to the Terms, do not access or otherwise use any of our Website.

About DYSIS

DYSIS Medical, Inc. is incorporated under the laws of the State of Georgia with its headquarter
offices located at 3455 Peachtree Road NE, 5th Floor, Atlanta, GA 30326.

Medical Disclaimer

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL ADVICE. Nothing
contained within the Website is intended to constitute as medical advice, instruction for medical
diagnosis, or instruction for treatment. Any information provided through the Website should be
considered to be hypothetical, and not be considered complete, nor should it be relied upon to
suggest a course of treatment for any particular individual. Information received from the
Website should not be relied upon for personal, medical, legal, technical, or financial decisions.
DYSIS does not, through the Website or otherwise, directly or indirectly practice medicine, render
medical advice, or provide medical services. After reviewing the Website and before taking any
action related to any content on the Website, you are expected to make a reasonable
investigation into, and consider the potential consequences of, any such action. This includes, but
is not limited to, talking to your doctor to determine the best course of treatment for your
individual condition. If you obtain any information through the Website, you use such information
at your own risk.

This website contains information about products and therapies that may not be approved,
cleared, or authorized in your geography. You may see information about products or therapies
that are not available in your country.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 (OR OTHER
APPLICABLE EMERGENCY NUMBER) IMMEDIATELY.

General Disclaimer

Although we have attempted to provide accurate information on our Website, we assume no
responsibility for, and do not guarantee, the accuracy, effectiveness, and suitability of any
information contained on this Website. This information is presented “AS IS” and may include
technical inaccuracies or errors. We may change the information provided on our Website at any
time, without notice.

DYSIS Copyrights and Trademarks

You agree to abide by all copyright notices, trademark rules, information, and restrictions
contained in our Website, and you won’t use, copy, reproduce, modify, translate, publish,
broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise
exploit for any purpose any of our Website (i) without the prior consent of the owner or (ii) in a
way that violates someone else’s (including DYSIS) rights. You won’t modify, publish, transmit,
participate in the transfer or sale of, reproduce (except as expressly provided in this Section),
create derivative works based on, or otherwise exploit any of the Website. Subject to these Terms,
you may e-mail, download, or print copies of materials on this website for personal,
noncommercial use or for purposes of using our Website only.
Product names and services on this Website belong to us and are protected by the United States
and foreign trademark laws. Use of these trademarks or service marks without express written
consent is strictly prohibited.

Product names and services on this Website belong to us and are protected by the United States and foreign trademark laws. Use of these trademarks or service marks without express written consent is strictly prohibited.

Title to materials remains with us or with the authors of the materials contained on this website.
All rights not expressly granted are reserved.

Use of materials or trademarks on this Website in a manner not clearly allowed by these Terms
constitutes a violation of your agreement with us and may be in violation of copyright, trademark,
and other laws. If this is the case, we will automatically revoke your permission to use this
Website.

Your Privacy

These Terms, and any personally identifiable information in electronic communications to our
Website, are additionally governed by our Privacy Policy and Cookie Policy.
User Submissions

User Submissions

Anything you post, upload, share, store, or otherwise provide through our Website, including any
feedback, comments, ideas, inventions, concepts, techniques or know-how disclosed therein, is
your “User Submission” and will be treated as non-confidential and non-proprietary. You are
solely responsible for all User Submissions you contribute to the Website. You represent that all
User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all
applicable laws, rules and regulations. All such information becomes the property of DYSIS or its
affiliates and may be used, without compensation to you, for any purpose whatsoever, including
disclosure to third parties and/or developing, manufacturing and/or marketing products or
services.

Third Party Websites

This Website may contain links to websites operated by other parties. These linked websites are
not under our control, and we are not responsible for the content available on any other websites
linked to this Website which are not affiliated with DYSIS. Such links do not imply our
endorsement of material on any other website and we disclaim all liability with regard to your
access to such linked websites. We provide links to other websites as a convenience to users, and
access to any other websites linked to this Website is at your own risk.

Third Party Content

Certain content from third parties may be made available as part of our Website. We do not
endorse or guarantee the accuracy or completeness of this content.
Additional Policies

Additional Policies

In addition to these Terms of Use, the Privacy Policy and the Cookie Policy, you may be subject to
additional terms that may apply when you access particular services or materials on certain areas
in this Website, such as when you follow a link from this Website. Please read our Privacy Policy
and Cookie Policy to learn how we protect and use information that we gather through this
website.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your
use of our Website. We may, in our sole discretion, report actual or perceived violations of law to
law enforcement or other appropriate authorities. If we become aware, through a complaint or
otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not
obligated to): conduct an investigation to determine the nature and extent of the suspected
violation and the appropriate enforcement action, during which investigation we may suspend
access to our Website to any user being investigated and/or remove any material from our
servers. You agree to cooperate fully with any such investigation. You acknowledge that violations
of these Terms of Use could subject you to criminal or civil penalties.

Violations

We reserve the right to seek all remedies available at law and in equity for violations of these
Terms of Use, including the right to block access from a particular Internet address to our
Website.

NO WARRANTIES.

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.
DYSIS AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED
ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES,
CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS (DYSIS AND ALL SUCH PARTIES TOGETHER, THE “DYSIS
PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
DYSIS PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR
RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

THE DYSIS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL
PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS
WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some jurisdictions do not allow limitations on implied warranties, so one or more of the above
limitations may not apply to you.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT NEITHER ANY DYSIS
PARTY NOR ANY OTHER PERSON OR COMPANY ASSOCIATED WITH DYSIS SHALL BE LIABLE FOR
ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE
MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY,
CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION
COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL
INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE
ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Changes to these Terms of Use

We reserve the right to revise these Terms of Use or any portion of them at any time by updating
this posting on our Website, sending you an email, and/or notifying you by some other means. If
you use the Services in any way after revisions to the Terms are effective, you are bound by any
such revisions. You should periodically visit this page to review the current Terms of Use that
apply to your use of our Website.

Other Rules

Provisions that, by their nature, should survive termination of these Terms of Use will survive
termination of these Terms of Use. By way of example, all of the following will survive
termination: any obligation you have to indemnify us, any limitations on our liability, any
terms regarding ownership or intellectual property rights, and any terms regarding disputes
between us.

If any provision of these Terms of Use 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, which shall remain in full force and effect. No waiver of any of these Terms
of Use shall be deemed a further or continuing waiver of such term or condition or any other
term or condition.

You agree to indemnify and hold the DYSIS Parties harmless from and against any and all claims,
liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees)
arising from or in any way related to any claims relating to (a) your use of the Website (including
any actions taken by a third party using your account), and (b) your violation of these Terms, the
Privacy Policy or the Cookie Policy. In the event of such a claim, suit, or action (“Claim”), we will
attempt to provide notice of the Claim to the contact information we have for your account
(provided that failure to deliver such notice shall not eliminate or reduce your indemnification
obligations hereunder).

These Terms of Use are governed by the internal substantive laws of the State of Georgia, without
respect to its conflict of laws principles, and the federal laws of the United States.
The Terms of Use will be venued exclusively in state or federal court in the Atlanta, Fulton County, Georgia.
You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such
purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we
believe that infringement of these Terms of Use is taking place or originating.

CONTACT / ADDRESS FOR ALL LEGAL NOTICES

DYSIS Medical Inc.
ATTN: Chief Financial Officer
3455 Peachtree Road NE, 5th Floor, Atlanta, GA 30326. United States (and mark to the attention of the Chief Financial Officer).