ZOLL Patient Management Network Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY

These Terms of Use describe rules for users of the ZOLL Patient Management Network web site. This web site is owned and operated by:

ZOLL Services LLC
121 Gamma Drive
Pittsburgh, PA 15238

These Terms of Use were last updated on August 19, 2015. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the web site. By using this web site, it means you accept the most recent version of the Terms of Use.

ABOUT THE INFORMATION ON THIS WEB SITE

The information on the ZOLL Patient Management Network web site is primarily intended for health professionals that are serving patients wearing a ZOLL device such as the ZOLL LifeVest or the ZOLL Cardiac Monitor (“a Device”). A variety of information is provided on this web site:

Product information
This information is provided as a convenience to our customers and is not intended to supersede the information provided in the documentation and training materials provided with Device.

Device performance information
Information about the operation, function, and use of a Device is provided to allow health care professionals to ensure that the Device is performing properly for each patient. The performance of the Device is dependent upon training, proper fitting, and correct use by the patient. If you believe that the Device may not be performing properly and you are unable to resolve the problem with the information provided, you should contact ZOLL immediately.

Patient medical information
A variety of patient medical information may include recorded ECG signals and treatment information, is collected by the Device and made available to health care professionals. In addition, information may be entered by health care professionals about patients using the Device and collected by the ZOLL Patient Management Network system. While the information provided by ZOLL Patient Management Network is generally reliable, in some cases there may be inaccuracies or errors, and ZOLL Patient Management Network should not be used as the sole source of information when making patient treatment decisions.

CONFIDENTIALITY OF INFORMATION AND PATIENT PRIVACY

The patient information provided on this web site is intended for the confidential use of health care professionals that are serving patients wearing a ZOLL Device. When using this web site, you agree to protect patient information with the same care you would take if the information was provided directly to you by the patient. Each user is provided a unique user ID and password to access the ZOLL Patient Management Network web site, with the intent of restricting access to patient information to that which is required to serve your patients. Only the user ID and password provided by ZOLL may be used to access the web site. You agree not to share your user ID and password with anyone else, and to protect your password from disclosure.

OUR COPYRIGHTS AND TRADEMARKS

The materials on this web site belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this web site, but only as required to serve patients that are using a ZOLL Device. When you e-mail, download, or print a copy of the materials on this web site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names we use for our products and services on this web site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. There may be special rules for the use of materials provided on certain parts of this web site. These special rules will be posted near the materials.

If you use the materials or trademarks on this web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this web site. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.

LINKS TO OTHER WEB SITES

This web site may contain links to web sites not operated by ZOLL. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These web sites may contain information about uses of ZOLL products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.

YOUR FEEDBACK, COMMENTS AND IDEAS

While we are 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 Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this web site, you hereby grant ZOLL an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that ZOLL is free to use them for any purpose.

NO WARRANTIES

ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ZOLL HEREBY DISCLAIMS 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. ZOLL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. ZOLL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

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

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER ZOLL NOR ANY PERSON OR COMPANY ASSOCIATED WITH ZOLL SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ZOLL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEB SITE. 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. THE TOTAL LIABILITY OF ZOLL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 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 STATE. IN NO EVENT SHALL ZOLL, ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 ZOLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER RULES ABOUT THIS WEB SITE

In addition to the rules in these Terms of Use and the Privacy Statement, 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 our Privacy Statement 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," "No Warranties," and "Limitation of Liability" will survive termination of these Terms of Use. 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. If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold ZOLL harmless against any liability for that harm. By using this web site, you agree that the only proper jurisdiction and venue for any dispute with ZOLL, or in any way relating to your use of this web site, is in the state and federal courts in the State of Pennsylvania, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving ZOLL or its affiliates, employees, officers, directors, agents, or suppliers. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles, and the federal laws of the United States.