TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY

By accessing or using the ZOLL Patient Management Network, you affirm that:

• You have read and understand these terms;
• You will comply with these terms; and
• You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts.
• These terms contain provisions that limit ZOLL’s liability to you and require you to waive your right to a jury trial.

These Terms of Use describe rules for users of the ZOLL Patient Management Network (“this Website”). This Website is owned and operated by ZOLL Services LLC (“ZOLL”) with its headquarters at 121 Gamma Drive Pittsburgh, PA 15238 U.S.A.

These Terms of Use do not alter the terms or conditions of any other agreement you may have with ZOLL or its parents, subsidiaries, or affiliates regarding topics other than the use of this Website.

Please read ZOLL’s Privacy Statement to learn how ZOLL protects and uses information gathered through this Website.

Information on this Website

The information on this Website is made available to healthcare professionals serving patients wearing a ZOLL device, such as the ZOLL LifeVest® or a another ZOLL device (each a “Device”). This Website provides a variety of information, including:

1. Product Information: This information is provided as a convenience to healthcare professionals and is not intended to supersede the information provided in the documentation and training materials provided with a Device.
2. Device Performance Information: Information about the operation, function, and use of a Device is provided to allow healthcare professionals to review and consider Device performance and patient management. The performance of each Device is dependent upon many factors, including patient training, proper fitting, and correct patient use. If you believe or suspect that a Device is not performing properly, you should contact ZOLL immediately.
3. Patient Medical Information: A variety of patient medical information, which may include recorded ECG signals and treatment information, is collected by the Device and made available to healthcare professionals. Healthcare professionals may enter additional information about patients using the Device and collected by this Website. While the information provided by this Website is generally reliable, in some cases there may be inaccuracies or errors, and this Website should not be used as the sole source of information when making patient treatment decisions.
4. Other information as detailed in the Privacy Statement.

Confidentiality and Privacy

The patient information provided on this Website is intended solely for the confidential use of healthcare professionals subject to medical secrecy under applicable law and serving patients wearing a Device. Violations of medical secrecy may be punishable under civil and criminal law. By accepting these Terms of Use, you agree to protect patient information with at least the same care you would if the information were provided directly to you by the patient. You agree to use the patient information provided on this Website solely in connection with serving patients wearing a Device, and you agree not use Website-provided patient information for any clinical studies or other research purposes without the separate prior written consent of ZOLL. Each user is provided a unique user ID and password to access this Website, with the intent of restricting access to only the patient information required to serve their patients. You may use only the user ID and password provided by ZOLL to access the Website, and you agree not to share your user ID and password with anyone else and to protect your password from disclosure.

Copyrights and Trademarks

The materials on this Website belong to or are licensed to ZOLL and are protected by United States and foreign copyright laws. There are some important rules about copying these materials. Subject to your compliance with these Terms of Use and all applicable laws and regulations, ZOLL grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited personal license to access the Website and e-mail, download, or print copies of the materials on this Website, but only as required to serve patients using a ZOLL Device. When you e-mail, download, or print a copy of the materials on this Website, you must include all copyright and other notices in the materials, including the copyright notice on the bottom of the page.

The names of the products and services on this Website are owned by ZOLL and are protected by United States and foreign trademark laws. An ® following a name on this Website indicates that the trademark has been registered in the United States. A ™ following a name on this Website 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 Website. These special rules may be posted near the materials.

If you use the materials or trademarks on this Website in a way not expressly allowed by these Terms of Use, you violate these Terms of Use and may violate copyright, trademark, and other laws. In that case, ZOLL automatically revokes your permission to use this Website. Title to the materials remains with ZOLL or with the authors of the materials contained on this Website. All rights not expressly granted are reserved.

Links to Other Websites

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

Your Content and Ideas

While ZOLL is pleased to receive feedback, comments, and ideas from visitors to this Website, any information you submit or transmit through this Website is at your own risk. By submitting any proprietary ideas, information, concepts, know-how, techniques, or materials through this Website, you hereby grant ZOLL an unrestricted, royalty-free, perpetual, worldwide, 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. You further acknowledge that you are responsible for your submissions and agree the same will not (1) be unlawful, (2) contain any viruses or other features that may contaminate or destroy this Website or its content, (3) infringe upon the rights of any third party, including rights concerning intellectual property, confidentiality, and privacy, and (4) violate these Terms of Use or ZOLL’s Privacy Statement.

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREELY THAT YOUR ACCESS AND USE OF THIS WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ZOLL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ZOLL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, USEFULNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. ZOLL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AVAILABLE AT ALL TIMES, OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZOLL SHALL NOT BE LIABLE FOR ANY ERRORS AND/OR DELAYS ARISING FROM MALFUNCTIONS OR FAILURES OF THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZOLL OR ITS EMPLOYEES, REPRESENTATIVES, AND AGENTS, OR THROUGH ANY OF ZOLL’S WEBSITES, PRODUCTS, AND SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. In such states, the limitations on warranties shall apply to the greatest extent permitted by law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER ZOLL NOR ANY PERSON OR COMPANY ASSOCIATED WITH ZOLL SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF 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 ZOLL, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS (“ZOLL AND RELATED PARTIES”). THIS PROTECTION COVERS ALL LOSSES INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF ZOLL AND RELATED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100. IN NO EVENT SHALL ZOLL AND RELATED PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED, EVEN IF ZOLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you. In such cases, the liability of ZOLL shall be limited to the greatest extent permitted by law.

Your Use of This Website

Without limiting the foregoing, ZOLL makes no representation regarding and takes no responsibility for the use of information provided on this Website for healthcare purposes. As a healthcare professional, you acknowledge and agree that you are solely responsible for your use of this Website and the treatment of your patients, including your decision to rely on the accuracy of any information on the website to inform treatment decisions or for any other purpose.

Jury Trial Waiver

BY ACCEPTING THESE TERMS OF USE, YOU WAIVE ANY RIGHT TO A JURY TRIAL. ZOLL also waives any right to a jury trial.

Limitation on Time to File Claims

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST ZOLL ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE OR ANY INFORMATION PROVIDED THROUGH THE WEBSITE, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR BE PERMANENTLY BARRED.

Indemnification

If you use this Website or the patient data it contains in any way that causes harm to others, you agree to indemnify and hold ZOLL harmless against all liability for that harm.

Applicable Law

These Terms of Use are governed by the laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles, and the federal laws of the United States. All claims relating to your use of this Website shall be determined in the state and federal courts in the Commonwealth of Pennsylvania, U.S.A. If any provision of these Terms of Use is found invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions.

Additional Rules

In addition to these Terms of Use, 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 purchase enhanced services or follow a link from this Website. Your obligations under this section and the sections titled “Your Content and Ideas,” “No Warranties,” “Indemnification,” and “Limitation of Liability” will survive termination of these Terms of Use. 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.

Contact

ZOLL may contact or deliver notice to you by e-mail, through this Website, or by written communication delivered to your address on record with ZOLL. You may contact or deliver notice to ZOLL by using the Contact Us link or writing to ZOLL at:

These Terms of Use were last updated on 2025-03-13. ZOLL may change these Terms of Use at any time and may require you to acknowledge and agree to the new Terms of Use before continuing to use the Website.