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I CERTIFY THAT I UNDERSTAND AND AGREE TO THE FOREGOING TERMS AND TO THE FOLLOWING
STANDARD TERMS AND CONDITIONS.
1. Use of Cardiac Monitoring System (“System”) and access to and use of Monitoring Service (“Service”).
Subject to Patient’s compliance with the terms and conditions indicated within this Patient Education
Guide (the “Agreement”), BioTelemetry hereby grants Patient a personal, nonexclusive, nontransferable
license to use the System and to access and use the features and functions of the Service solely for
purposes of monitoring Patient’s heart rate as prescribed by Patient’s physician. Patient expressly
acknowledges and agrees that the Service, which is available only by physician prescription, is used
solely to assist physicians in diagnosis and treatment, and is not intended for use as an emergency
response system for patients who may experience serious or life-threatening medical problems.
Patient is aware that cell phone coverage limitations and delays in land-line telephone communications
could signicantly delay transmission and analysis of patient monitoring data. Patient agrees to
contact BioTelemetry immediately if problems are experienced using the system or if signs of physical
discomfort occur, and to discontinue use of the system if the physician or BioTelemetry believe service
discontinuation is advisable. Patient shall not, in whole or in part, sublicense, provide access to, tamper
with, modify, distribute, use in a service bureau or time-sharing capacity, export in violation of applicable
laws and regulations, rent, loan, transfer, disassemble, or reverse engineer or create a derivative work
of the System or Service. Patient shall not, in whole or in part, transfer or assign this Agreement or any
right granted hereunder, except upon the prior written consent of BioTelemetry. Any prohibited transfer
or assignment shall be null and void. Subject to the licenses granted herein, as between BioTelemetry
and Patient, BioTelemetry holds all right, title and interest in and to the System and the Service including,
without limitation, any patents, trademarks, trade secrets, copyrights or other intellectual property rights
therein. BioTelemetry reserves all rights not expressly granted to Patient under this Agreement.
2. Term and Termination. This Agreement shall commence on the date that BioTelemetry accepts
Patient’s enrollment hereunder, and shall continue until terminated by either party as set forth herein.
Either party may terminate this Agreement, for any or no reason, upon thirty (30) days’ written notice to
the other party, except that this Agreement shall immediately terminate if Patient breaches Paragraph
1 above. Upon any termination of this Agreement, Patient shall immediately discontinue all use of the
Service, and shall promptly return the System to BioTelemetry. The limitations in Paragraph 1, and
Paragraphs 3-6 shall survive any termination of this Agreement.
3. NO WARRANTY. THE SYSTEM AND THE SERVICE ARE PROVIDED BY BIOTELEMETRY HEREUNDER
SOLELY ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BIOTELEMETRY HEREBY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT AND/OR QUIET ENJOYMENT, AS WELL AS ANY IMPLIED WARRANTIES OTHERWISE
ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. PATIENT
FURTHER ACKNOWLEDGES AND AGREES THAT BIOTELEMETRY SHALL NEITHER BE RESPONSIBLE
NOR LIABLE FOR PATIENT’S INABILITY TO ACCESS OR USE THE SERVICE AS A RESULT OF ANY
DEFICIENCY IN THE INTERNET, THE TELEPHONE SERVICE, OR OTHER CONNECTION BETWEEN
BIOTELEMETRY AND PATIENT. PATIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT NEITHER
THE SYSTEM, NOR THE SERVICE (AS WELL AS ANY SUPPORT GIVEN BY ANY BIOTELEMETRY
SUPPORT STAFF), NOR ANY MATERIAL AVAILABLE THROUGH PATIENT’S USE OF THE SYSTEM OR
SERVICE IS INTENDED TO PROVIDE PATIENT WITH MEDICAL ADVICE, A DIAGNOSIS OR TREATMENT.
PATIENT MUST ALWAYS SEEK THE ADVICE OF PATIENT’S PHYSICIAN OR OF ANOTHER QUALIFIED
MEDICAL PRACTITIONER WITH ANY QUESTIONS PATIENT MAY HAVE REGARDING A SPECIFIC
MEDI-CAL CONDITION OR PERCEIVED CONDITION.
4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: (I)
IN NO EVENT SHALL BIOTELEMETRY OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, ITS LICENSORS OR SUPPLIERS BE LIABLE TO PATIENT FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR
RELATED TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF
DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA,
UNAUTHORIZED DISCLOSURE TO OR ACCESS OF PATIENT DATA, OR LIABILITIES TO THIRD PARTIES
ARISING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE CLAIM OR ANY OTHER TYPE OF
CLAIM, EVEN IF BIOTELEMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND,
(II) IN NO EVENT SHALL BIOTELEMETRY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED
THE AMOUNT PAID BY PATIENT TO BIOTELEMETRY UNDER THIS AGREEMENT. THE PARTIES AGREE
THAT THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION 5 FORMS AN ESSENTIAL BASIS OF
BIOTELEMETRY’S WILLINGNESS TO GRANT PATIENT THE USE OF THE SYSTEM AND ACCESS TO AND
USE OF THE SERVICE AND IS INDEPENDENT OF EACH AND EVERY LIMITED REMEDY THAT PATIENT
MAY HAVE.
5. Indemnity. Patient agrees to indemnify and hold harmless BioTelemetry, Inc., it's subsidiaries, and its
ofcers, directors, employees, agents and suppliers from and against all claims of third parties arising
out of or related to Patient’s use or misuse of the System and/or the Service, or attributable to Patient’s
breach of this Agreement. BioTelemetry shall control the defense and any settlement of such claim, and
Patient shall cooperate with BioTelemetry in defending against such claims.
6. General Provisions. This Agreement may be modied or amended only by a written instrument
signed by Patient and BioTelemetry. Any terms and conditions issued by Patient shall not be binding on
BioTelemetry, Inc., or it's subsidiaries, ofcers, directors, employees, agents or suppliers, and shall not
modify these Terms and Conditions. No term or provision contained herein shall be deemed waived and
no breach excused unless such waiver or consent shall be in writing and signed by the party against
whom enforcement thereof is sought. Neither party hereto shall be liable to the other for any failure to
perform its obligations under this Agreement due to causes beyond the reasonable control of that party,
including, but not limited to, strikes, boycotts, labor disputes, embargoes, unavailability of or failures due
to telecommunication networks (including, without limitation, the Internet), acts of God, unavailability
of or insufcient utilities, acts of public enemy, acts of governmental authority, oods, riots, or rebellion.
This Agreement shall be governed by and construed solely in accordance with the laws of the State of
Pennsylvania, without reference to its choice of law rules. Any and all proceedings arising under or in
any way relating to this Agreement shall be maintained in the state or federal courts located in Chester
County, Pennsylvania, which courts shall have exclusive jurisdiction for such purpose, and Patient hereby
consents to the personal jurisdiction of such courts. Patient acknowledges that in the event of an actual
or threatened violation of the terms and conditions of this Agreement, BioTelemetry may not have an
adequate monetary remedy and shall be entitled to seek injunctive relief without any requirement to
post bond, in addition to any other available remedies. If any term or provision of this Agreement is
illegal or unenforceable, it shall be deemed adjusted to the minimum extent to cure such invalidity or
unenforceability and all other terms and provisions of this Agreement shall remain in full force and effect.
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