Registration
Please enter the details of the high level organization that is registering AEDs. For example, this could be a hospital system, a business, etc. More specific locations within the organization (such as individual buildings, etc.) can be entered on the next page.
Please also supply the AED owner contact information for this organization. This individual will be responsible for entering new AED locations and new AEDs as well as assigning Inspectors to maintain AEDs.
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Opting Out of Email Reminders
You are choosing to opt out of receiving monthly maintenance email reminders for your AED device.
To clarify, most Good Samaritan laws protect owners of AEDs against civil liability unless the device is not properly maintained in accordance with the manufacturer’s specifications. These specifications typically include requirements to check the device monthly and to change electrodes and batteries when they expire. Our system is designed to keep you in compliance with those laws by reminding you of those events.
By opting out of our maintenance reminders, you are assuming all responsibilities for such maintenance.
Opting Out of Email Reminders
You are choosing to opt out of receiving battery and electrode expiration email reminders for your AED device.
To clarify, most Good Samaritan laws protect owners of AEDs against civil liability unless the device is not properly maintained in accordance with the manufacturer’s specifications. These specifications typically include requirements to check the device monthly and to change electrodes and batteries when they expire. Our system is designed to keep you in compliance with those laws by reminding you of those events.
By opting out of our maintenance reminders, you are assuming all responsibilities for such maintenance.
Opting Out of Email Reminders
You are choosing to opt out of receiving both monthly maintenance and battery/electrode expiration email reminders for your AED device.
To clarify, most Good Samaritan laws protect owners of AEDs against civil liability unless the device is not properly maintained in accordance with the manufacturer’s specifications. These specifications typically include requirements to check the device monthly and to change electrodes and batteries when they expire. Our system is designed to keep you in compliance with those laws by reminding you of those events.
By opting out of our maintenance reminders, you are assuming all responsibilities for such maintenance.
Terms and Conditions
ENROLLMENT AGREEMENT AND RELEASE OF LIABILITY
ZOLL Medical Corporation ("ZOLL Medical Corporation") operates the National AED Registry ("Registry"), and other AED registries under the “ZOLL Medical Corporation” logo including, but not limited to “Minnesota AED Registry”, “Orange County AED Registry”, “Nevada Project Heartbeat AED Registry”, “Maryland AED Registry” and “Cayman Islands AED Registry”. The Registry is an online information system intended to help link automated external defibrillators ("AEDs"), AED users and sudden cardiac arrest victims, and to help AED owners manage and track data and information concerning their AEDs. Through its AED Link™ product, ZOLL Medical Corporation endeavors to provide certain subscribing 911 dispatch agencies and other public safety entities access to information regarding the location of AEDs stored in the Registry. Through the Registry, ZOLL Medical Corporation endeavors to notify designated AED inspectors via email of the expiration date of batteries and electrodes based on the information submitted by the AED site manager or AED inspector. Whether an AED inspector acts on this information is entirely within the discretion of the inspector.
Please carefully read this Agreement. By on the checking the “I ACCEPT THE TERMS OF ENROLLMENT" button, you acknowledge that you have read this Agreement and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not use or continue to use the Registry.
If you are a company or organization that is providing AED Program Management services to AED owners, your use of this registry is intended to notify EMS or dispatch centers of the location and availability of AEDs. By agreeing to these terms, you are avowing that you are authorized to accept these terms on behalf of your clients and assuring that all information submitted to the Registry on behalf of those organizations is true.
Additionally, Maryland AED Programs clicking “I ACCEPT THE TERMS OF ENROLLMENT" button agree to follow the MIEMSS Maryland Public Access AED Program Requirements as outlined on the MIEMSS webpage which have been developed to provide maximum safety to all individuals concerned in the event of a cardiac emergency, and to the best of your knowledge, assure that all information submitted to the Maryland AED Registry on behalf of your organization is true.
If you do not agree to these terms and conditions, do not use or continue to use the Registry.
1. Enrollment
You may enroll as an AED site manager or inspector. If you are enrolling on behalf of an entity, you represent that you are authorized to accept these terms on behalf of the entity. Further, if you enroll as an AED site manager, you represent that you own or are an authorized agent of the owner of the AEDs you register or have the right to provide information regarding the AEDs that you register ("Registered AEDs"). Whether you enroll as an AED site manager or inspector , you represent that you are eighteen (18) years of age or older, that you will submit all required enrollment information and that all such information is to the best of your knowledge accurate and complete. If you become aware that any such information is inaccurate or incomplete, you will promptly update the information so that it is complete and accurate. ZOLL Medical Corporation is not obligated to independently verify the accuracy or completeness of the information you or any other person provides.
2. Permitted Use
If you are an AED site manager with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the web pages assigned to your account to store, manage, administer and maintain information and data concerning the Registered AEDs. If you are an AED inspector with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the web pages assigned to your AED site manager's account to receive AED maintenance messages and record the results of AED inspections and maintenance tasks. If you provide information regarding AEDs that you do not own, you acknowledge and agree that ZOLL Medical Corporation may, with or without notice to you, transfer information and data you submit regarding such AEDs to the account of the owner of such AEDs or its agent or representative if the owner or its agent or representative enrolls as a site manager. In such event, you will no longer have the right to manage or administer the data and information you have submitted regarding such AEDs. This Section 2 sets forth the entirety of your rights to use the Registry and all data, content, information, software, technology and other materials available on, in or through the Registry excluding data or information that you provide ("Materials"). ZOLL Medical Corporation reserves all rights to the Materials in the Registry not expressly granted hereunder, including, without limitation, exclusive ownership of the Materials and all associated intellectual property rights. Without limiting the generality of the foregoing, the rights granted under this Section 2 do not include and you will not:
a. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
b. systematically collect and use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
c. make derivative uses of the Registry or the Materials; or
d. use, frame or use framing techniques to enclose any portion of the Registry.
3. Passwords
Only authorized users may use the Registry. The login ID and password selected by you at enrollment or provided to you are to be used solely to access the Registry and manage your account. You are solely responsible for maintaining the security of your login ID and password and for all activity on your account. You should not disclose your password to any third party. If you believe that your login ID or password has been compromised, you should contact ZOLL Medical Corporation immediately.
4. Your Materials
You agree that any data and information, including but not limited to, enrollment information (e.g., the location of the Registered AEDs and names and telephone numbers of your AED site managers and inspectors), suggestions, feedback and ideas provided by you in the form of e-mail or submissions to ZOLL Medical Corporation in connection with this Agreement or in postings to the Registry (“Your Materials”) are not your confidential information between ZOLL Medical Corporation and yourself.
ZOLL Medical Corporation will have the right to publish aggregate, non-ownership specific AED data information regarding the statistics of AEDs in its Registry including, but not limited to number of AEDs in a specific city, county and State or any other boundary. Furthermore, you are granting ZOLL Medical Corporation the right to use AED location data in conjunction with its AED Link service to subscribing communities. All data related to AEDs within a radius of a suspected cardiac event called into 9-1-1 will be transferred to the respective agency during that call.
5. Trademarks
"ZOLL Medical Corporation" and "NATIONAL AED REGISTRY" along with any of ZOLL Medical Corporation's product names and logos are trademarks of ZOLL Medical Corporation and may not be copied, imitated or used, in whole or in part, without ZOLL Medical Corporation's prior written permission. You may not use any meta-tags or any other "hidden text" utilizing ZOLL Medical Corporation's trademarks without ZOLL Medical Corporation's permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ZOLL Medical Corporation, and may not be copied, imitated, or used, in whole or in part, without ZOLL Medical Corporation's prior written permission.
6. Changes
ZOLL Medical Corporation has sole discretion as to the operation and availability of the Registry. ZOLL Medical Corporation reserves the right to modify, expand, update or otherwise change the Registry or modify the terms of this Agreement. ZOLL Medical Corporation will notify you of any changes to this Agreement either by sending a notice to you at the e-mail address provided by you at enrollment of any such changes or notifying you when you login into the Registry. Changes to this Agreement will be effective fifteen (15) days after you are notified. If you do not agree to any such change, your sole remedy is to immediately terminate this Agreement pursuant to Section 7 (notwithstanding any notice period). Your continued use of the Registry once the change notice takes effect, as set forth above, will constitute your acceptance of the change.
7. Terms and Termination
The term of this Agreement will commence upon your completion of the enrollment process as indicated by your acceptance of this Agreement and will continue until terminated. Either party may terminate this Agreement for any reason by providing the other party thirty (30) days' prior written notice; provided that ZOLL Medical Corporation may immediately terminate this Agreement or suspend your access to the Registry upon notice for your breach of any term of this Agreement. Sections 4, 5, 9, 10, 11, 12, 13, 14 and 15 will survive termination of this Agreement for any reason.
8. Obligation to Maintain AEDs
If you are an owner of Registered AEDs or its agent or representative, as between you and ZOLL Medical Corporation, you are solely responsible for maintaining the Registered AEDs and keeping accurate and complete maintenance records apart from the information stored in the Registry, including, without limitation, battery date expiration and electrode date expiration. As a courtesy, ZOLL Medical Corporation will attempt to provide email notifications of the need to inspect AEDs, battery date expiration and electrode date expiration for such Registered AEDs to the AED site manager or inspector listed in the Registry. While ZOLL Medical Corporation will not be liable for failing to do so, it is your responsibility to ensure that emails sent from our Registry are cleared through any SPAM filters, or other such restrictive tools.
If you are an owner of Registered AEDs or its agent or representative, you will establish your own internal controls and procedures to ensure that the Registered AEDs are properly maintained in accordance with the manufacturer's instructions, and you are solely responsible for updating AED battery date and AED electrode date information submitted to the Registry. ZOLL Medical Corporation has no obligation to independently verify the accuracy or completeness of the information you provide.
9. Responders
ZOLL Medical Corporation’s AED Link system can auto-notify individuals who are willing to use their assigned AED not only at their location, but also at sites nearby (generally within 1,200 feet). This is a voluntary process on behalf of the Responders. As an AED site in the Registry, you have the option to enter into each AED’s information page the person or persons who are trained in CPR/AED, their contact phone numbers, their training organization and the expiration date of their certification, if any.
The method of contact choices are up to the responders and include not to be contacted at all.
As site manager you are verifying that these responders are volunteers, are not paid to respond, and that you have instructed them, and they have agreed, to respond in a way that will not cause harm to themselves or others. Furthermore, ZOLL Medical Corporation will be held harmless for any action taken by these responders should they not take the necessary precautions when responding to an alert.
10. Disclaimer of All Warranties
THE REGISTRY AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU WAIVE, RELEASE AND RENOUNCE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY ZOLL MEDICAL CORPORATION OR ITS AFFILIATES WITH RESPECT TO THE REGISTRY, THE MATERIALS OR ZOLL MEDICAL CORPORATION' SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
11. Limitations of Liability
ZOLL MEDICAL CORPORATION WILL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE REGISTRY OR THE MATERIALS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF ZOLL MEDICAL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ZOLL MEDICAL CORPORATION AND ITS AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. IF YOU ARE DISSATISFIED WITH THE REGISTRY OR WITH ANY APPLICABLE TERM OR CONDITION GOVERNING ITS USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT.
12. Indemnification
You will indemnify, defend and hold harmless ZOLL Medical Corporation, ZOLL Medical Corporation's affiliates and all 911 dispatch agencies that use information contained in the Registry and their respective employees, officers, directors, agents and representatives from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees and the cost of enforcement of this indemnity) arising out of or relating to any violation or breach by you of any term of this Agreement.
13. Release
ZOLL Medical Corporation has no responsibility and assumes no liability for any information or data contained in the Registry. Without limiting the foregoing, ZOLL Medical Corporation is not responsible for any errors or omissions relating to the Registry. Your use of the Registry is at your own risk. YOU HEREBY FULLY RELEASE AND FOREVER DISCHARGE ZOLL MEDICAL CORPORATION, ZOLL MEDICAL CORPORATION'S AFFILIATES, 911 DISPATCH AGENCIES AND ANY OTHER PERSON OR ENTITY THAT USES OR CONTRIBUTES INFORMATION CONTAINED IN THE REGISTRY FROM ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED IN ANY WAY TO YOUR USE OF THE REGISTRY. YOU ACKNOWLEDGE THAT THE RELEASE IN THIS SECTION 12 APPLIES TO ALL CLAIMS FOR INJURY OR DAMAGE RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY RELEASED HEREIN.
14. Compliance With Laws
In the performance of this Agreement, you will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any governmental authority having jurisdiction, including, without limitation, Good Samaritan laws applicable to AED owners.
15. No Third Party Beneficiaries
Except for Sections 11 and 12, which is intended to benefit the third parties identified therein, this Agreement is for the benefit of, and will be enforceable by, the parties only. This Agreement is not intended to confer any right or benefit on any third party except as expressly set forth in Sections 11 and 12.
16. Miscellaneous
This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts notwithstanding any conflict of law rules to the contrary. You agree that any action at law or in equity arising out of or relating to this Agreement or the use of the Registry will be filed only in state or federal court located in the State of Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. If any provision of this Agreement will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any of the provisions of this Agreement will be valid unless set forth in a written instrument signed by both parties.
Terms and Conditions
ENROLLMENT AGREEMENT AND RELEASE OF LIABILITY
(For use by residents and businesses of Minnesota)
ZOLL Medical Corporation, Inc. ("ZOLL Medical Corporation") operates the National AED Registry ("Registry"), and other AED registries under the “ZOLL Medical Corporation” logo including, but not limited to “Minnesota AED Registry”, “Orange County AED Registry”, “Nevada Project Heartbeat AED Registry”, “Maryland AED Registry” and “Cayman Islands AED Registry”. The Registry is an online information system intended to help link automated external defibrillators ("AEDs"), AED users and sudden cardiac arrest victims, and to help AED owners manage and track data and information concerning their AEDs. Through its AED Link™ product, ZOLL Medical Corporation endeavors to provide certain subscribing 911 dispatch agencies and other public safety entities access to information regarding the location of AEDs stored in the Registry. Through the Registry, ZOLL Medical Corporation endeavors to notify designated AED inspectors via email of the expiration date of batteries and electrodes based on the information submitted by the AED site manager or AED inspector. Whether an AED inspector acts on this information is entirely within the discretion of the inspector.
Please carefully read this Agreement. By on the checking the “I ACCEPT THE TERMS OF ENROLLMENT" button, you acknowledge that you have read this Agreement and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not use or continue to use the Registry.
If you are a company or organization that is providing AED Program Management services to AED owners, your use of this registry is intended to satisfy local or State laws and regulations intended to notify EMS or dispatch centers of the location and availability of AEDs, where the use of this Registry is required by that entity. By agreeing to these terms, you are avowing that you are authorized to accept these terms on behalf of your clients and assuring that all information submitted to the Registry on behalf of those organizations is true.
Additionally, Maryland AED Programs clicking “I ACCEPT THE TERMS OF ENROLLMENT" button agree to follow the MIEMSS Maryland Public Access AED Program Requirements as outlined on the MIEMSS webpage which have been developed to provide maximum safety to all individuals concerned in the event of a cardiac emergency, and to the best of your knowledge, assure that all information submitted to the Maryland AED Registry on behalf of your organization is true.
If you do not agree to these terms and conditions, do not use or continue to use the Registry.
1. Enrollment
You may enroll as an AED site manager or inspector. If you are enrolling on behalf of an entity, you represent that you are authorized to accept these terms on behalf of the entity. Further, if you enroll as an AED site manager, you represent that you own or are an authorized agent of the owner of the AEDs you register or have the right to provide information regarding the AEDs that you register ("Registered AEDs"). Whether you enroll as an AED site manager or inspector , you represent that you are eighteen (18) years of age or older, that you will submit all required enrollment information and that all such information is to the best of your knowledge accurate and complete. If you become aware that any such information is inaccurate or incomplete, you will promptly update the information so that it is complete and accurate. ZOLL Medical Corporation is not obligated to independently verify the accuracy or completeness of the information you or any other person provides.
2. Permitted Use
If you are an AED site manager with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the web pages assigned to your account to store, manage, administer and maintain information and data concerning the Registered AEDs. If you are an AED inspector with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the web pages assigned to your AED site manager's account to receive AED maintenance messages and record the results of AED inspections and maintenance tasks. If you provide information regarding AEDs that you do not own, you acknowledge and agree that ZOLL Medical Corporation may, with or without notice to you, transfer information and data you submit regarding such AEDs to the account of the owner of such AEDs or its agent or representative if the owner or its agent or representative enrolls as a site manager. In such event, you will no longer have the right to manage or administer the data and information you have submitted regarding such AEDs. This Section 2 sets forth the entirety of your rights to use the Registry and all data, content, information, software, technology and other materials available on, in or through the Registry excluding data or information that you provide ("Materials"). ZOLL Medical Corporation reserves all rights to the Materials in the Registry not expressly granted hereunder, including, without limitation, exclusive ownership of the Materials and all associated intellectual property rights. Without limiting the generality of the foregoing, the rights granted under this Section 2 do not include and you will not:
a. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
b. systematically collect and use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
c. make derivative uses of the Registry or the Materials; or
d. use, frame or use framing techniques to enclose any portion of the Registry.
3. Passwords
Only authorized users may use the Registry. The login ID and password selected by you at enrollment or provided to you are to be used solely to access the Registry and manage your account. You are solely responsible for maintaining the security of your login ID and password and for all activity on your account. You should not disclose your password to any third party. If you believe that your login ID or password has been compromised, you should contact ZOLL Medical Corporation immediately.
4. Your Materials
You agree that any data and information, including but not limited to, enrollment information (e.g., the location of the Registered AEDs and names and telephone numbers of your AED site managers and inspectors), suggestions, feedback and ideas provided by you in the form of e-mail or submissions to ZOLL Medical Corporation in connection with this Agreement or in postings to the Registry (“Your Materials”) are not your confidential information between ZOLL Medical Corporation and yourself.
ZOLL Medical Corporation will have the right to publish aggregate, non-ownership specific AED data information regarding the statistics of AEDs in its Registry including, but not limited to number of AEDs in a specific city, county and State. Furthermore, you are granting ZOLL Medical Corporation the right to use AED location data in conjunction with its AED Link service to subscribing communities. All data related to AEDs within a radius of a suspected cardiac event called into 9-1-1 will be transferred to the respective agency during that call. That information will be based on the designation of “Public” or “Private” and based on the dates and times of availability as registered for each specific AED.
5. Trademarks
"ZOLL Medical Corporation" and "NATIONAL AED REGISTRY" along with any of ZOLL Medical Corporation's product names and logos are trademarks of ZOLL Medical Corporation and may not be copied, imitated or used, in whole or in part, without ZOLL Medical Corporation's prior written permission. You may not use any meta-tags or any other "hidden text" utilizing ZOLL Medical Corporation's trademarks without ZOLL Medical Corporation's permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ZOLL Medical Corporation, and may not be copied, imitated, or used, in whole or in part, without ZOLL Medical Corporation's prior written permission.
6. Changes
ZOLL Medical Corporation has sole discretion as to the operation and availability of the Registry. ZOLL Medical Corporation reserves the right to modify, expand, update or otherwise change the Registry or modify the terms of this Agreement. ZOLL Medical Corporation will notify you of any changes to this Agreement either by sending a notice to you at the e-mail address provided by you at enrollment of any such changes or notifying you when you login into the Registry. Changes to this Agreement will be effective fifteen (15) days after you are notified. If you do not agree to any such change, your sole remedy is to immediately terminate this Agreement pursuant to Section 7 (notwithstanding any notice period). Your continued use of the Registry once the change notice takes effect, as set forth above, will constitute your acceptance of the change.
7. Terms and Termination
The term of this Agreement will commence upon your completion of the enrollment process as indicated by your acceptance of this Agreement and will continue until terminated. Either party may terminate this Agreement for any reason by providing the other party thirty (30) days' prior written notice; provided that ZOLL Medical Corporation may immediately terminate this Agreement or suspend your access to the Registry upon notice for your breach of any term of this Agreement. Sections 4, 5, 10, 11, 12, 13, 14, 15 and 16 will survive termination of this Agreement for any reason.
8. Obligation to Maintain AEDs
If you are an owner of Registered AEDs or its agent or representative, as between you and ZOLL Medical Corporation, you are solely responsible for maintaining the Registered AEDs and keeping accurate and complete maintenance records apart from the information stored in the Registry, including, without limitation, battery date expiration and electrode date expiration. As a courtesy, ZOLL Medical Corporation will attempt to provide email notifications of the need to inspect AEDs, battery date expiration and electrode date expiration for such Registered AEDs to the AED site manager or inspector listed in the Registry. While ZOLL Medical Corporation will not be liable for failing to do so, it is your responsibility to ensure that emails sent from our Registry are cleared through any SPAM filters, or other such restrictive tools.
If you are an owner of Registered AEDs or its agent or representative, you will establish your own internal controls and procedures to ensure that the Registered AEDs are properly maintained in accordance with the manufacturer's instructions, and you are solely responsible for updating AED battery date and AED electrode date information submitted to the Registry. ZOLL Medical Corporation has no obligation to independently verify the accuracy or completeness of the information you provide.
9. Responders
ZOLL Medical Corporation's AED Link system can auto-notify individuals who are willing to use their assigned AED not only at their location, but also at sites nearby (generally within 1,200 feet). This is a voluntary process on behalf of the Responders. As an AED site in the Registry, you have the option to enter into each AED's information page the person or persons who are trained in CPR/AED, their contact phone numbers, their training organization and the expiration date of their certification, if any.
The method of contact choices are up to the responders and include not to be contacted at all.
As site manager you are verifying that these responders are volunteers, are not paid to respond, and that you have instructed them, and they have agreed, to respond in a way that will not cause harm to themselves or others. Furthermore, ZOLL Medical Corporation will be held harmless for any action taken by these responders should they not take the necessary precautions when responding to an alert.
10. Disclaimer of All Warranties
THE REGISTRY AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU WAIVE, RELEASE AND RENOUNCE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY ZOLL MEDICAL CORPORATION OR ITS AFFILIATES WITH RESPECT TO THE REGISTRY, THE MATERIALS OR ZOLL MEDICAL CORPORATION'S SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
11. Limitations of Liability
ZOLL MEDICAL CORPORATION WILL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE REGISTRY OR THE MATERIALS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF ZOLL MEDICAL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ZOLL MEDICAL CORPORATION AND ITS AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. IF YOU ARE DISSATISFIED WITH THE REGISTRY OR WITH ANY APPLICABLE TERM OR CONDITION GOVERNING ITS USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT.
12. Indemnification
You will indemnify, defend and hold harmless ZOLL Medical Corporation, ZOLL Medical Corporation's affiliates and all 911 dispatch agencies that use information contained in the Registry and their respective employees, officers, directors, agents and representatives from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees and the cost of enforcement of this indemnity) arising out of or relating to any violation or breach by you of any term of this Agreement.
13. Release
Each party is responsible for its own actions.
14. Compliance With Laws
In the performance of this Agreement, you will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any governmental authority having jurisdiction, including, without limitation, Good Samaritan laws applicable to AED owners.
15. No Third Party Beneficiaries
Except for Sections 12 and 13, which is intended to benefit the third parties identified therein, this Agreement is for the benefit of, and will be enforceable by, the parties only. This Agreement is not intended to confer any right or benefit on any third party except as expressly set forth in Sections 12 and 13.
16. Miscellaneous
This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota notwithstanding any conflict of law rules to the contrary. You agree that any action at law or in equity arising out of or relating to this Agreement or the use of the Registry will be filed only in state or federal court located in Hennepin County, Minnesota, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. If any provision of this Agreement will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any of the provisions of this Agreement will be valid unless set forth in a written instrument signed by both parties.
Terms and Conditions
ENROLLMENT AGREEMENT AND RELEASE OF LIABILITY
ZOLL Medical Corporation ("ZOLL Medical Corporation") operates the National AED Registry ("Registry"), and other AED registries under the “ZOLL Medical Corporation” logo including, but not limited to “Minnesota AED Registry”, “Orange County AED Registry”, “Nevada Project Heartbeat AED Registry”, “Maryland AED Registry” and “Cayman Islands AED Registry”. The Registry is an online information system intended to help link automated external defibrillators ("AEDs"), AED users and sudden cardiac arrest victims, and to help AED owners manage and track data and information concerning their AEDs. Through its AED Link™ product, ZOLL Medical Corporation endeavors to provide certain subscribing 911 dispatch agencies and other public safety entities access to information regarding the location of AEDs stored in the Registry. Through the Registry, ZOLL Medical Corporation endeavors to notify designated AED inspectors via email of the expiration date of batteries and electrodes based on the information submitted by the AED site manager or AED inspector. Whether an AED inspector acts on this information is entirely within the discretion of the inspector.
Please carefully read this Agreement. By on the checking the “I ACCEPT THE TERMS OF ENROLLMENT" button, you acknowledge that you have read this Agreement and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not use or continue to use the Registry.
If you are a company or organization that is providing AED Program Management services to AED owners, your use of this registry is intended to notify EMS or dispatch centers of the location and availability of AEDs. By agreeing to these terms, you are avowing that you are authorized to accept these terms on behalf of your clients and assuring that all information submitted to the Registry on behalf of those organizations is true.
Additionally, Maryland AED Programs clicking “I ACCEPT THE TERMS OF ENROLLMENT" button agree to follow the MIEMSS Maryland Public Access AED Program Requirements as outlined on the MIEMSS webpage which have been developed to provide maximum safety to all individuals concerned in the event of a cardiac emergency, and to the best of your knowledge, assure that all information submitted to the Maryland AED Registry on behalf of your organization is true.
If you do not agree to these terms and conditions, do not use or continue to use the Registry.
1. Enrollment
You may enroll as an AED site manager or inspector. If you are enrolling on behalf of an entity, you represent that you are authorized to accept these terms on behalf of the entity. Further, if you enroll as an AED site manager, you represent that you own or are an authorized agent of the owner of the AEDs you register or have the right to provide information regarding the AEDs that you register ("Registered AEDs"). Whether you enroll as an AED site manager or inspector , you represent that you are eighteen (18) years of age or older, that you will submit all required enrollment information and that all such information is to the best of your knowledge accurate and complete. If you become aware that any such information is inaccurate or incomplete, you will promptly update the information so that it is complete and accurate. ZOLL Medical Corporation is not obligated to independently verify the accuracy or completeness of the information you or any other person provides.
2. Permitted Use
If you are an AED site manager with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the web pages assigned to your account to store, manage, administer and maintain information and data concerning the Registered AEDs. If you are an AED inspector with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the web pages assigned to your AED site manager's account to receive AED maintenance messages and record the results of AED inspections and maintenance tasks. If you provide information regarding AEDs that you do not own, you acknowledge and agree that ZOLL Medical Corporation may, with or without notice to you, transfer information and data you submit regarding such AEDs to the account of the owner of such AEDs or its agent or representative if the owner or its agent or representative enrolls as a site manager. In such event, you will no longer have the right to manage or administer the data and information you have submitted regarding such AEDs. This Section 2 sets forth the entirety of your rights to use the Registry and all data, content, information, software, technology and other materials available on, in or through the Registry excluding data or information that you provide ("Materials"). ZOLL Medical Corporation reserves all rights to the Materials in the Registry not expressly granted hereunder, including, without limitation, exclusive ownership of the Materials and all associated intellectual property rights. Without limiting the generality of the foregoing, the rights granted under this Section 2 do not include and you will not:
a. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
b. systematically collect and use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
c. make derivative uses of the Registry or the Materials; or
d. use, frame or use framing techniques to enclose any portion of the Registry.
3. Passwords
Only authorized users may use the Registry. The login ID and password selected by you at enrollment or provided to you are to be used solely to access the Registry and manage your account. You are solely responsible for maintaining the security of your login ID and password and for all activity on your account. You should not disclose your password to any third party. If you believe that your login ID or password has been compromised, you should contact ZOLL Medical Corporation immediately.
4. Your Materials
You agree that any data and information, including but not limited to, enrollment information (e.g., the location of the Registered AEDs and names and telephone numbers of your AED site managers and inspectors), suggestions, feedback and ideas provided by you in the form of e-mail or submissions to ZOLL Medical Corporation in connection with this Agreement or in postings to the Registry (“Your Materials”) are not your confidential information between ZOLL Medical Corporation and yourself.
ZOLL Medical Corporation will have the right to publish aggregate, non-ownership specific AED data information regarding the statistics of AEDs in its Registry including, but not limited to number of AEDs in a specific city, county and State or any other boundary. Furthermore, you are granting ZOLL Medical Corporation the right to use AED location data in conjunction with its AED Link service to subscribing communities. All data related to AEDs within a radius of a suspected cardiac event called into 9-1-1 will be transferred to the respective agency during that call.
5. Trademarks
"ZOLL Medical Corporation" and "NATIONAL AED REGISTRY" along with any of ZOLL Medical Corporation's product names and logos are trademarks of ZOLL Medical Corporation and may not be copied, imitated or used, in whole or in part, without ZOLL Medical Corporation's prior written permission. You may not use any meta-tags or any other "hidden text" utilizing ZOLL Medical Corporation's trademarks without ZOLL Medical Corporation's permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ZOLL Medical Corporation, and may not be copied, imitated, or used, in whole or in part, without ZOLL Medical Corporation's prior written permission.
6. Changes
ZOLL Medical Corporation has sole discretion as to the operation and availability of the Registry. ZOLL Medical Corporation reserves the right to modify, expand, update or otherwise change the Registry or modify the terms of this Agreement. ZOLL Medical Corporation will notify you of any changes to this Agreement either by sending a notice to you at the e-mail address provided by you at enrollment of any such changes or notifying you when you login into the Registry. Changes to this Agreement will be effective fifteen (15) days after you are notified. If you do not agree to any such change, your sole remedy is to immediately terminate this Agreement pursuant to Section 7 (notwithstanding any notice period). Your continued use of the Registry once the change notice takes effect, as set forth above, will constitute your acceptance of the change.
7. Terms and Termination
The term of this Agreement will commence upon your completion of the enrollment process as indicated by your acceptance of this Agreement and will continue until terminated. Either party may terminate this Agreement for any reason by providing the other party thirty (30) days' prior written notice; provided that ZOLL Medical Corporation may immediately terminate this Agreement or suspend your access to the Registry upon notice for your breach of any term of this Agreement. Sections 4, 5, 9, 10, 11, 12, 13, 14 and 15 will survive termination of this Agreement for any reason.
8. Obligation to Maintain AEDs
If you are an owner of Registered AEDs or its agent or representative, as between you and ZOLL Medical Corporation, you are solely responsible for maintaining the Registered AEDs and keeping accurate and complete maintenance records apart from the information stored in the Registry, including, without limitation, battery date expiration and electrode date expiration. As a courtesy, ZOLL Medical Corporation will attempt to provide email notifications of the need to inspect AEDs, battery date expiration and electrode date expiration for such Registered AEDs to the AED site manager or inspector listed in the Registry. While ZOLL Medical Corporation will not be liable for failing to do so, it is your responsibility to ensure that emails sent from our Registry are cleared through any SPAM filters, or other such restrictive tools.
If you are an owner of Registered AEDs or its agent or representative, you will establish your own internal controls and procedures to ensure that the Registered AEDs are properly maintained in accordance with the manufacturer's instructions, and you are solely responsible for updating AED battery date and AED electrode date information submitted to the Registry. ZOLL Medical Corporation has no obligation to independently verify the accuracy or completeness of the information you provide.
9. Responders
ZOLL Medical Corporation’s AED Link system can auto-notify individuals who are willing to use their assigned AED not only at their location, but also at sites nearby (generally within 1,200 feet). This is a voluntary process on behalf of the Responders. As an AED site in the Registry, you have the option to enter into each AED’s information page the person or persons who are trained in CPR/AED, their contact phone numbers, their training organization and the expiration date of their certification, if any.
The method of contact choices are up to the responders and include not to be contacted at all.
As site manager you are verifying that these responders are volunteers, are not paid to respond, and that you have instructed them, and they have agreed, to respond in a way that will not cause harm to themselves or others. Furthermore, ZOLL Medical Corporation will be held harmless for any action taken by these responders should they not take the necessary precautions when responding to an alert.
10. Disclaimer of All Warranties
THE REGISTRY AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU WAIVE, RELEASE AND RENOUNCE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY ZOLL MEDICAL CORPORATION OR ITS AFFILIATES WITH RESPECT TO THE REGISTRY, THE MATERIALS OR ZOLL MEDICAL CORPORATION' SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
11. Limitations of Liability
ZOLL MEDICAL CORPORATION WILL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE REGISTRY OR THE MATERIALS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF ZOLL MEDICAL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ZOLL MEDICAL CORPORATION AND ITS AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. IF YOU ARE DISSATISFIED WITH THE REGISTRY OR WITH ANY APPLICABLE TERM OR CONDITION GOVERNING ITS USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT.
12. Indemnification
You will indemnify, defend and hold harmless ZOLL Medical Corporation, ZOLL Medical Corporation's affiliates and all 911 dispatch agencies that use information contained in the Registry and their respective employees, officers, directors, agents and representatives from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees and the cost of enforcement of this indemnity) arising out of or relating to any violation or breach by you of any term of this Agreement.
13. Release
ZOLL Medical Corporation has no responsibility and assumes no liability for any information or data contained in the Registry. Without limiting the foregoing, ZOLL Medical Corporation is not responsible for any errors or omissions relating to the Registry. Your use of the Registry is at your own risk. YOU HEREBY FULLY RELEASE AND FOREVER DISCHARGE ZOLL MEDICAL CORPORATION, ZOLL MEDICAL CORPORATION'S AFFILIATES, 911 DISPATCH AGENCIES AND ANY OTHER PERSON OR ENTITY THAT USES OR CONTRIBUTES INFORMATION CONTAINED IN THE REGISTRY FROM ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED IN ANY WAY TO YOUR USE OF THE REGISTRY. YOU ACKNOWLEDGE THAT THE RELEASE IN THIS SECTION 12 APPLIES TO ALL CLAIMS FOR INJURY OR DAMAGE RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY RELEASED HEREIN.
14. Compliance With Laws
In the performance of this Agreement, you will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any governmental authority having jurisdiction, including, without limitation, Good Samaritan laws applicable to AED owners.
15. No Third Party Beneficiaries
Except for Sections 11 and 12, which is intended to benefit the third parties identified therein, this Agreement is for the benefit of, and will be enforceable by, the parties only. This Agreement is not intended to confer any right or benefit on any third party except as expressly set forth in Sections 11 and 12.
16. Miscellaneous
This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts notwithstanding any conflict of law rules to the contrary. You agree that any action at law or in equity arising out of or relating to this Agreement or the use of the Registry will be filed only in state or federal court located in the State of Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. If any provision of this Agreement will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any of the provisions of this Agreement will be valid unless set forth in a written instrument signed by both parties.
17. District of Columbia users
The Oversight Physician must be licensed in the District of Columbia and oversee all aspects of the defibrillation program, including training, protocol approval, AED deployment strategies, equipment maintenance and coordination with the DC Fire and Emergency Medical Services Department. The Oversight Physician shall review each case in which an AED is used by the PAD program and make sure all pertinent data is forwarded to the DC Fire and Emergency Medical Services Department.
AED Coordinator shall ensure that:
1. Expected AED users receive training from and maintain certification by the American Heart Association, the American Red Cross, or an equivalent nationally or state recognized course in cardiopulmonary resuscitation ("CPR") and use of an AED.
2. Facility defibrillators are maintained and tested according to the manufacturer's operational guidelines, and written records of maintenance and testing are maintained.
3. The AED Program is registered with the DC Fire and Emergency Medical Services Department. Notify the DC Fire and Emergency Medical Services of any changes to the program as soon as possible.
4. Any person who uses an AED to provide emergency care or treatment on a person in cardiac arrest shall contact or designate someone to contact the Emergency Medical Services (911), as soon as possible, and shall report any clinical use of the AED to the licensed physician or medical authority.
5. Data on all AED use is reviewed by oversight Physician and submitted to the DC Fire and Emergency medical Services Department within 72 hours.
6. The Certification of registration is renewed every 4 years in accordance with DC Fire and Emergency Medical Services Department guidelines.
7. All equipment and supplies, training, certification and licenses will be kept current during the Certification of Registration.
8. The Program AED Certificate is clearly displayed in the facility and is available for inspection if needed.
Your acceptance of these terms and conditions represents the commitment by your facility to follow the guidelines in "The District of Columbia Public Access to Automated External Defibrillator Act of 2000". You attest that all answers and statements in this application are true and correct. Any falsification of information may result in denial, citation, suspension, or revocation of this registration.
Terms and Conditions
Terms and Conditions
ENROLLMENT AGREEMENT AND RELEASE OF LIABILITY
Thank you for your interest and consideration in becoming part of the PEI AED Registry Program. Please carefully read this Agreement. By signing your name at the bottom of this document, you acknowledge that you have read this Agreement and agree to be bound by the terms and conditions of this Agreement.
1. Overview
The PEI AED Registry Program is coordinated in partnership by Health PEI, Island EMS, Medacom Atlantic and Heart and Stroke – PEI, working in conjunction with ZOLL Medical Corporation ("ZOLL Medical Corporation"). ZOLL Medical Corporation is an authorized user of the AED LinkTM system and operates the National AED Registry (the “Registry”). Health PEI’s EHPS Section is charged with the program management oversight of the Registry under the program brand of “PEI AED Registry Program” in the Province of Prince Edward Island.
2. Description of Services
The Registry is an online information system intended to help link automated external defibrillators (“AEDs”), AED users and sudden cardiac arrest victims, and to help AED OWNERS manage and track data and information concerning their AEDs. Through its AED LinkTM product, ZOLL Medical Corporation endeavors to provide Island EMS and Medacom Atlantic’s Emergency Communications Centre access to information regarding the location of AEDs stored in the Registry.
3. Enrollment
By registering an AED in the PEI AED Registry Program, you agree to:
a. Maintain current contact information in the registry for the AED;
b. Receive automated email notifications for monthly device checks and supplies expiry (batteries and electrode pads);
c. Receive information and alerts by email, such as PEI AED Registry Program information, product recall notifications, manufacturer bulletins, software upgrade notices and CPR/AED standard changes.
d. Complete required maintenance on the device, including replacement of batteries and pads and manufacturer-recommended software updates.
If you are enrolling on behalf of an entity, you represent that you are authorized to accept these terms on behalf of the entity. Further, if you enroll as an AED OWNER, you represent that you own or are an authorized agent of the owner of the AEDs you register or have the right to provide information regarding the AEDs that you register ("Registered AEDs"). You confirm that you are at least eighteen (18) years of age and that you will submit all required enrollment information, and that all such information is to the best of your knowledge accurate and complete.
4. Permitted Use
Health PEI’s EHS Administrative Coordinator will be classified as the ‘Registry Manager’. A user name and password will be provided to you by email which will authorize you to access and use the web pages assigned to your account to receive AED maintenance messages and record the results of AED inspections and maintenance tasks. You grant to each Health PEI, Island EMS, Medacom Atlantic and ZOLL Medical Corporation the right to use the information you have provided or will provide under this Agreement for the purposes of the AED Link™ system and the Registry.
5. Privacy
You agree that any data and information, including but not limited to, enrollment information (e.g., the location of the Registered AEDs, names and telephone numbers, will be used by Health PEI, Island EMS, Medacom Atlantic, Heart & Stroke – PEI and ZOLL Medical Corporation for the purposes of maintaining a registry of AEDs throughout the province to facilitate locating an AED in the event of a sudden cardiac arrest and to provide device maintenance reminders.
ZOLL Medical Corporation’s terms and conditions follow this document and you are agreeing to both sets of terms and conditions. Please note that certain other partner organizations will have their own terms and conditions for use of information as posted to their website.
Further, if you have opted to list your AED as “Public” during the registration process, your AED location will be provided to Island EMS and Medacom Atlantic to support first response via ZOLL Medical Corporation’s AED LinkTM service. You may change your option at any time in the Registry.
All personal information is collected under the authority of Section 31(c) of the Freedom of Information and Protection of Privacy Act and will be used for the purposes of registering AEDs. Questions on the collection and use of this information can be directed to Health PEI’s Emergency Health and Planning Services Section by email (emergency@gov.pe.ca) or by phone (902) 368-6705.
6. Location of Data
ZOLL Medical Corporation is a Massachusetts corporation and holds its information technology servers in the U.S.A. You agree that your personal information is being provided by Health PEI, Island EMS and Medacom Atlantic to ZOLL Medical Corporation to be stored in the U.S.A on ZOLL Medical Corporation servers for the purposes mentioned in the section above.
7. Terms and Termination
The term of this Agreement will commence upon your completion of the enrollment process as indicated by your acceptance of this Agreement and will continue until terminated by either party.
8. Limitations of Liability
YOU AGREE THAT HEALTH PEI, ISLAND EMS, MEDACOM ATLANTIC , HEART & STROKE - PEI AND ZOLL MEDICAL CORPORATION WILL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR USE OF THE PEI AED REGISTRY PROGRAM OR RESULTING FROM THE PERFORMANCE OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN IF HEALTH PEI, ISLAND EMS, MEDACOM ATLANTIC, HEART & STROKE - PEI AND ZOLL MEDICAL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT HEALTH PEI, ISLAND EMS, MEDACOM ATLANTIC, HEART & STROKE – PEI AND ZOLL MEDICAL CORPORATION WILL HAVE NO LIABILITY FOR THE ACCURACY OF THE INFORMATION OR COMMUNICATIONS PROVIDED UNDER THE PEI AED REGISTRY PROGRAM (OR THE FUNCTIONING OF THE REGISTERED AED). FURTHER, SHOULD THE REGISTERED AED BE USED TO ASSIST AN INDIVIDUAL AS A RESULT OF THE PEI AED REGISTRY PROGRAM, YOU AGREE THAT HEALTH PEI, ISLAND EMS, MEDACOM ATLANTIC, HEART & STROKE – PEI AND ZOLL MEDICAL CORPORATION WILL HAVE NO LIABILITY FOR ANY DAMAGES ARISING FROM SUCH USE.
THE TOTAL LIABILITY OF HEALTH PEI, ISLAND EMS, MEDACOM ATLANTIC , HEART & STROKE - PEI OR ZOLL MEDICAL CORPORATION AND EACH OF THEIR AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
IF YOU ARE DISSATISFIED WITH THE REGISTRY OR WITH ANY APPLICABLE TERM OR CONDITION GOVERNING ITS USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT, WHICH YOU CAN DO BY NOTIFYING HEALTH PEI - EMERGENCY HEALTH AND PLANNING SERVICES BY EMAIL (EMERGENCY@GOV.PE.CA) or BY PHONE (902) 569-7653.
9. Governing Law
This Agreement is governed by the laws of the Province of Prince Edward Island, Canada. Any matters arising out of the use of the PEI AED Registry Program shall be governed by the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the court of the Province of Prince Edward Island to determine any action or proceeding arising out of or in connection with the PEI AED Registry Program.
ZOLL Medical Corporation
Terms and Conditions - ENROLLMENT AGREEMENT AND RELEASE OF LIABILITY
ZOLL Medical Corporation ("ZOLL Medical Corporation") operates the National AED Registry ("Registry") on behalf of and other AED registries including, but not limited to “Minnesota AED Registry”, “Orange County AED Registry”, “Nevada Project Heartbeat AED Registry”, “Maryland AED Registry”, “Washington, DC” and “Cayman Islands AED Registry”. The Registry is an online information system intended to help link automated external defibrillators ("AEDs"), AED users and sudden cardiac arrest victims, and to help AED owners manage and track data and information concerning their AEDs. Through its AED Link™ product, ZOLL Medical Corporation endeavors to provide certain subscribing 911 dispatch agencies and other public safety entities access to information regarding the location of AEDs stored in the Registry. Through the Registry, ZOLL Medical Corporation endeavors to notify designated AED inspectors via email of the expiration date of batteries and electrodes based on the information submitted by the AED site manager or AED inspector. Whether an AED inspector acts on this information is entirely within the discretion of the inspector.
Please carefully read this Agreement. By on the checking the “I ACCEPT THE TERMS OF ENROLLMENT" button, you acknowledge that you have read this Agreement and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not use or continue to use the Registry.
If you are a company or organization that is providing AED Program Management services to AED owners, your use of this registry is intended to notify EMS or dispatch centers of the location and availability of AEDs. By agreeing to these terms, you are avowing that you are authorized to accept these terms on behalf of your clients and assuring that all information submitted to the Registry on behalf of those organizations is true.
Additionally, Maryland AED Programs clicking “I ACCEPT THE TERMS OF ENROLLMENT" button agree to follow the MIEMSS Maryland Public Access AED Program Requirements as outlined on the MIEMSS webpage which have been developed to provide maximum safety to all individuals concerned in the event of a cardiac emergency, and to the best of your knowledge, assure that all information submitted to the Maryland AED Registry on behalf of your organization is true.
If you do not agree to these terms and conditions, do not use or continue to use the Registry.
1. Enrollment
You may enroll as an AED site manager or inspector. If you are enrolling on behalf of an entity, you represent that you are authorized to accept these terms on behalf of the entity. Further, if you enroll as an AED site manager, you represent that you own or are an authorized agent of the owner of the AEDs you register or have the right to provide information regarding the AEDs that you register ("Registered AEDs"). Whether you enroll as an AED site manager or inspector , you represent that you are eighteen (18) years of age or older, that you will submit all required enrollment information and that all such information is to the best of your knowledge accurate and complete. If you become aware that any such information is inaccurate or incomplete, you will promptly update the information so that it is complete and accurate. ZOLL Medical Corporation is not obligated to independently verify the accuracy or completeness of the information you or any other person provides.
2. Permitted Use
If you are an AED site manager with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the web pages assigned to your account to store, manage, administer and maintain information and data concerning the Registered AEDs. If you are an AED inspector with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the web pages assigned to your AED site manager's account to receive AED maintenance messages and record the results of AED inspections and maintenance tasks. If you provide information regarding AEDs that you do not own, you acknowledge and agree that ZOLL Medical Corporation may, with or without notice to you, transfer information and data you submit regarding such AEDs to the account of the owner of such AEDs or its agent or representative if the owner or its agent or representative enrolls as a site manager. In such event, you will no longer have the right to manage or administer the data and information you have submitted regarding such AEDs. This Section 2 sets forth the entirety of your rights to use the Registry and all data, content, information, software, technology and other materials available on, in or through the Registry excluding data or information that you provide ("Materials"). ZOLL Medical Corporation reserves all rights to the Materials in the Registry not expressly granted hereunder, including, without limitation, exclusive ownership of the Materials and all associated intellectual property rights. Without limiting the generality of the foregoing, the rights granted under this Section 2 do not include and you will not:
a. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
b. systematically collect and use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
c. make derivative uses of the Registry or the Materials; or
d. use, frame or use framing techniques to enclose any portion of the Registry.
3. Passwords
Only authorized users may use the Registry. The login ID and password selected by you at enrollment or provided to you are to be used solely to access the Registry and manage your account. You are solely responsible for maintaining the security of your login ID and password and for all activity on your account. You should not disclose your password to any third party. If you believe that your login ID or password has been compromised, you should contact ZOLL Medical Corporation immediately.
4. Your Materials
You agree that any data and information, including but not limited to, enrollment information (e.g., the location of the Registered AEDs and names and telephone numbers of your AED site managers and inspectors), suggestions, feedback and ideas provided by you in the form of e-mail or submissions to ZOLL Medical Corporation in connection with this Agreement or in postings to the Registry (“Your Materials”) are not your confidential information between ZOLL Medical Corporation and yourself.
ZOLL Medical Corporation will have the right to publish aggregate, non-ownership specific AED data information regarding the statistics of AEDs in its Registry including, but not limited to number of AEDs in a specific city, county and State or any other boundary. Furthermore, you are granting ZOLL Medical Corporation the right to use AED location data in conjunction with its AED Link service to subscribing communities. All data related to AEDs within a radius of a suspected cardiac event called into 9-1-1 will be transferred to the respective agency during that call.
5. Trademarks
"ZOLL Medical Corporation" and "NATIONAL AED REGISTRY" along with any of ZOLL Medical Corporation's product names and logos are trademarks of ZOLL Medical Corporation and may not be copied, imitated or used, in whole or in part, without ZOLL Medical Corporation's prior written permission. You may not use any meta-tags or any other "hidden text" utilizing ZOLL Medical Corporation's trademarks without ZOLL Medical Corporation's permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ZOLL Medical Corporation, and may not be copied, imitated, or used, in whole or in part, without ZOLL Medical Corporation's prior written permission.
6. Changes
ZOLL Medical Corporation has sole discretion as to the operation and availability of the Registry. ZOLL Medical Corporation reserves the right to modify, expand, update or otherwise change the Registry or modify the terms of this Agreement. ZOLL Medical Corporation will notify you of any changes to this Agreement either by sending a notice to you at the e-mail address provided by you at enrollment of any such changes or notifying you when you login into the Registry. Changes to this Agreement will be effective fifteen (15) days after you are notified. If you do not agree to any such change, your sole remedy is to immediately terminate this Agreement pursuant to Section 7 (notwithstanding any notice period). Your continued use of the Registry once the change notice takes effect, as set forth above, will constitute your acceptance of the change.
7. Terms and Termination
The term of this Agreement will commence upon your completion of the enrollment process as indicated by your acceptance of this Agreement and will continue until terminated. Either party may terminate this Agreement for any reason by providing the other party thirty (30) days's prior written notice; provided that ZOLL Medical Corporation may immediately terminate this Agreement or suspend your access to the Registry upon notice for your breach of any term of this Agreement. Sections 4, 5, 9, 10, 11, 12, 13, 14 and 15 will survive termination of this Agreement for any reason.
8. Obligation to Maintain AEDs
If you are an owner of Registered AEDs or its agent or representative, as between you and ZOLL Medical Corporation, you are solely responsible for maintaining the Registered AEDs and keeping accurate and complete maintenance records apart from the information stored in the Registry, including, without limitation, battery date expiration and electrode date expiration. As a courtesy, ZOLL Medical Corporation will attempt to provide email notifications of the need to inspect AEDs, battery date expiration and electrode date expiration for such Registered AEDs to the AED site manager or inspector listed in the Registry. While ZOLL Medical Corporation will not be liable for failing to do so, it is your responsibility to ensure that emails sent from our Registry are cleared through any SPAM filters, or other such restrictive tools.
If you are an owner of Registered AEDs or its agent or representative, you will establish your own internal controls and procedures to ensure that the Registered AEDs are properly maintained in accordance with the manufacturer's instructions, and you are solely responsible for updating AED battery date and AED electrode date information submitted to the Registry. ZOLL Medical Corporation has no obligation to independently verify the accuracy or completeness of the information you provide.
9. Responders
ZOLL Medical Corporation's AED Link system can auto-notify individuals who are willing to use their assigned AED not only at their location, but also at sites nearby (generally within 1,200 feet). This is a voluntary process on behalf of the Responders. As an AED site in the Registry, you have the option to enter into each AED’s information page the person or persons who are trained in CPR/AED, their contact phone numbers, their training organization and the expiration date of their certification, if any.
The method of contact choices are up to the responders and include not to be contacted at all.
As site manager you are verifying that these responders are volunteers, are not paid to respond, and that you have instructed them, and they have agreed, to respond in a way that will not cause harm to themselves or others. Furthermore, ZOLL Medical Corporation will be held harmless for any action taken by these responders should they not take the necessary precautions when responding to an alert.
10. Disclaimer of All Warranties
THE REGISTRY AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU WAIVE, RELEASE AND RENOUNCE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY ZOLL MEDICAL CORPORATION OR ITS AFFILIATES WITH RESPECT TO THE REGISTRY, THE MATERIALS OR ZOLL MEDICAL CORPORATION'S SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
11. Limitations of Liability
ZOLL MEDICAL CORPORATION WILL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE REGISTRY OR THE MATERIALS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF ZOLL MEDICAL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ZOLL MEDICAL CORPORATION AND ITS AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. IF YOU ARE DISSATISFIED WITH THE REGISTRY OR WITH ANY APPLICABLE TERM OR CONDITION GOVERNING ITS USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT.
12. Indemnification
You will indemnify, defend and hold harmless ZOLL Medical Corporation, ZOLL Medical Corporation's affiliates and all 911 dispatch agencies that use information contained in the Registry and their respective employees, officers, directors, agents and representatives from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees and the cost of enforcement of this indemnity) arising out of or relating to any violation or breach by you of any term of this Agreement.
13. Release
ZOLL Medical Corporation has no responsibility and assumes no liability for any information or data contained in the Registry. Without limiting the foregoing, ZOLL Medical Corporation is not responsible for any errors or omissions relating to the Registry. Your use of the Registry is at your own risk. YOU HEREBY FULLY RELEASE AND FOREVER DISCHARGE ZOLL MEDICAL CORPORATION, ZOLL MEDICAL CORPORATION'S AFFILIATES, 911 DISPATCH AGENCIES AND ANY OTHER PERSON OR ENTITY THAT USES OR CONTRIBUTES INFORMATION CONTAINED IN THE REGISTRY FROM ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED IN ANY WAY TO YOUR USE OF THE REGISTRY. YOU ACKNOWLEDGE THAT THE RELEASE IN THIS SECTION 12 APPLIES TO ALL CLAIMS FOR INJURY OR DAMAGE RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY RELEASED HEREIN.
14. Compliance With Laws
In the performance of this Agreement, you will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any governmental authority having jurisdiction, including, without limitation, Good Samaritan laws applicable to AED owners.
15. No Third Party Beneficiaries
Except for Sections 11 and 12, which is intended to benefit the third parties identified therein, this Agreement is for the benefit of, and will be enforceable by, the parties only. This Agreement is not intended to confer any right or benefit on any third party except as expressly set forth in Sections 11 and 12.
16. Miscellaneous
This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts notwithstanding any conflict of law rules to the contrary. You agree that any action at law or in equity arising out of or relating to this Agreement or the use of the Registry will be filed only in state or federal court located in the State of Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. If any provision of this Agreement will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any of the provisions of this Agreement will be valid unless set forth in a written instrument signed by both parties.
Terms and Conditions
ENROLLMENT AGREEMENT
ZOLL Medical Corporation ("ZOLL") operates the Maryland AED Registry ("Registry"), an online information system intended to help link automated external defibrillators ("AEDs") and AED users and to help AED owners manage and track data and information concerning their AEDs. Through its AED Link product, ZOLL endeavors to provide certain 911 dispatch agencies and others access to information regarding the location of AEDs stored in the Registry. Through the Registry, ZOLL endeavors to notify designated AED inspectors via email of the expiration date of batteries and electrodes based on the information submitted by the AED site manager or AED inspector. Whether an AED inspector acts on this information is entirely within the discretion of the inspector.
Please carefully read this Agreement. By clicking on the "ACCEPT" button when you enrolled as an AED site manager or inspector, you acknowledged that you have read this Agreement and agree to be bound by the terms and conditions of this Agreement.
If you are a company or organization that is providing AED Program Management services to AED owners, your use of this registry is intended to notify EMS or dispatch centers of the location and availability of AEDs. By agreeing to these terms, you are avowing that you are authorized to accept these terms on behalf of your clients and assuring that all information submitted to the Registry on behalf of those organizations is true.
Additionally, Maryland AED Programs clicking "I ACCEPT THE TERMS OF ENROLLMENT" button agree to follow the MIEMSS Maryland Public Access AED Program Requirements as outlined on the MIEMSS webpage which have been developed to provide maximum safety to all individuals concerned in the event of a cardiac emergency, and to the best of your knowledge, assure that all information submitted to the Maryland AED Registry on behalf of your organization is true.
If you do not agree to these terms and conditions, do not use or continue to use the Registry.
1. Enrollment
You may enroll as an AED site manager or inspector. If you are enrolling on behalf of an entity, you represent that you are authorized to accept these terms on behalf of the entity. Further, if you enroll as an AED site manager, you represent that you own or are an authorized agent of the owner of the AEDs you register or have the right to provide information regarding the AEDs that you register ("Registered AEDs"). Whether you enroll as an AED site manager or inspector, you represent that you are eighteen (18) years of age or older, that you will submit all required enrollment information and that all such information is to the best of your knowledge accurate and complete. If you become aware that any such information is inaccurate or incomplete, you will promptly update the information so that it is complete and accurate. ZOLL is not obligated to independently verify the accuracy or completeness of the information you or any other person provides.
2. Permitted Use
If you are an AED site manager with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the webpages assigned to your account to store, manage, administer and maintain information and data concerning the Registered AEDs. If you are an AED inspector with a valid password, then, provided you comply with the terms and conditions of this Agreement, you are authorized to access and use the webpages assigned to your AED site manager's account to receive AED maintenance messages and record the results of AED inspections and maintenance tasks. If you provide information regarding AEDs that you do not own, you acknowledge and agree that ZOLL may (with or without notice to you) transfer information and data you submit regarding such AEDs to the account of the owner of such AEDs or its agent or representative if the owner or its agent or representative enrolls as a site manager. In such event, you will no longer have the right to manage or administer the data and information you have submitted regarding such AEDs. This Section 2 sets forth the entirety of your rights to use the Registry and all data, content, information, software, technology and other materials available on, in or through the Registry excluding data or information that you provide ("Materials"). ZOLL reserves all rights to the Materials not expressly granted hereunder, including, without limitation, exclusive ownership of the Materials and all associated intellectual property rights. Without limiting the generality of the foregoing, the rights granted under this Section 2 do not include and you will not:
a. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
b. systematically collect and use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
c. make derivative uses of the Registry or the Materials; or
d. use, frame or use framing techniques to enclose any portion of the Registry.
3. Passwords
Only authorized users may use the Registry. The login ID and password selected by you at enrollment or provided to you are to be used solely to access the Registry and manage your account. You are solely responsible for maintaining the security of your login ID and password and for all activity on your account. You should not disclose your password to any third party. If you believe that your login ID or password has been compromised, you should contact ZOLL immediately.
4. Terms and Termination
The term of this Agreement will commence upon your completion of the enrollment process as indicated by your acceptance of this Agreement and will continue until terminated. Either party may terminate this Agreement for any reason by providing the other party thirty (30) days' prior written notice. Your completion of the enrollment process represents the commitment by your facility to follow the Maryland Institute for Emergency Medical Services Systems Maryland Public Access AED Protocol, developed to provide maximum safety to all individuals concerned in the event of a cardiac emergency, and to the best of your knowledge, assures that all information supplied in connection with enrollment is true.
5. Obligation to Maintain AEDs
If you are an owner of Registered AEDs or its agent or representative, as between you and ZOLL, you are solely responsible for maintaining the Registered AEDs and keeping accurate and complete maintenance records apart from the information stored in the Registry, including, without limitation, battery date expiration and electrode date expiration. As a courtesy, ZOLL will attempt to provide email notifications to the AED site manager or inspector listed in the Registry if you are the owner of the Registered AEDs or the owner's agent or representative of the need to inspect AEDs, battery date expiration and electrode date expiration for such Registered AEDs but will not be liable for failing to do so. If you are an owner of Registered AEDs or its agent or representative, you will establish your own internal controls and procedures to ensure that the Registered AEDs are properly maintained in accordance with the manufacturer's instructions, and you are solely responsible for updating AED battery date and AED electrode date information submitted to the Registry. ZOLL has no obligation to independently verify the accuracy or completeness of the information you provide.
6. Responders
ZOLL's AED Link system can auto-notify individuals who are willing to use their assigned AED not only at their location, but also at sites nearby (generally within 1,200 feet). This is a voluntary process on behalf of the Responders. As an AED site in the Registry, you have the option to enter into each AED's information page the person or persons who are trained in CPR/AED, their contact phone numbers, their training organization and the expiration date of their certification, if any.
The method of contact choices is up to the responders and includes not to be contacted at all.
As site manager you are verifying that these responders are volunteers, are not paid to respond, and that you have instructed them, and they have agreed, to respond in a way that will not cause harm to themselves or others. Furthermore, ZOLL will be held harmless for any action taken by these responders should they not take the necessary precautions when responding to an alert.
7. Disclaimer of All Warranties
THE REGISTRY AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU WAIVE, RELEASE AND RENOUNCE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY ZOLL OR ITS AFFILIATES WITH RESPECT TO THE REGISTRY, THE MATERIALS ORE ZOLL'S SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
8. Limitations of Liability
ZOLL WILL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE REGISTRY OR THE MATERIALS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF ZOLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ZOLL AND ITS AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. IF YOU ARE DISSATISFIED WITH THE REGISTRY OR WITH ANY APPLICABLE TERM OR CONDITION GOVERNING ITS USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT.
9. Compliance with Laws
In the performance of this Agreement, you will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any governmental authority having jurisdiction, including, without limitation, Good Samaritan laws applicable to AED owners.
10. No Third Party Beneficiaries
This Agreement is for the benefit of, and will be enforceable by, the parties only. This Agreement is not intended to confer any right or benefit on any third party.
11. Miscellaneous
This Agreement will be governed by and construed in accordance with the laws of the State of Maryland notwithstanding any conflict of law rules to the contrary. Any action at law or in equity arising out of or relating to this Agreement or the use of the Registry will be filed only in state court in Maryland. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any of the provisions of this Agreement will be valid unless set forth in a written instrument signed by both parties.
Thank You for Registering!
Please have the following information ready to make registration as smooth as possible:
- Basic information about your program including information about the site manager and the address and phone number(s) of the AED program.
- Information on an initial location including a full address and the number of CPR trained individuals at that location.
- Information on an initial AED at one of the locations you enter. Manufacturer, model, serial number, placement details, and battery/electrode information including expiration dates are needed. A non-default availability schedule and responder information can also be added but are not required to complete registration.
Please note that if you quit out of the registration process at any point before finalizing your information at the end, your data will be lost.