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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
MEDICAL 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 officers, 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 modified 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, officers, 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 insufficient utilities, acts of
public enemy, acts of governmental authority, floods, 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.