Terms of Use for LMSMART Re-Order Program

Effective Date: September 5th, 2017

Welcome to the Liberator Medical Supply, Inc. ("LMS," "we," "us," or "our") Re-Order Internet site (the/this "Site"). PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

  1. Use of this Site.
    1. This Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using this Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on this Site. In the event we become aware you are under age 18, we will terminate your registration.
    2. In no case may the Content (defined below) be used for any commercial or other purpose. LMS may change the Content and otherwise modify this Site at any time and from time-to-time. You shall not attempt to access sections of this Site, underlying systems or otherwise for which you are not intended to have access. Your access to and use of the information contained on this Site is subject to these Terms of Use. WE MAY CHANGE AND/OR ASSIGN THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE. PLEASE REVIEW THE TERMS OF USE EACH TIME YOU VISIT THIS SITE. BY ACCESSING OR USING THIS SITE, IT MEANS YOU ACCEPT THE MOST RECENT VERSION OF THESE TERMS OF USE.
  2. Placing an Order.

    At this time, LMS ships its products ordered through this Site only to locations within the continental United States, Alaska, Hawaii and Puerto Rico, and not to international locations. The risk of loss and title for all products ordered on this Site pass to you when the product is delivered to the shipping carrier. LMS charges sales tax for products ordered on this Site based on the applicable state sales tax rate and the location to which the order is being shipped.

  3. Disclaimers; Limitations of Liability.
    1. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WHEN AVAILABLE. LMS (INCLUDING ITS AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR CONTENT WILL (I) BE UNAVAILABLE AT SCHEDULED AND UNSCHEDULED TIMES, AND (II) NOT BE ERROR-FREE. IN ADDITION, LMS EXPRESSLY MAKES NO WARRANTIES REGARDING MATERIALS PROVIDED BY THIRD PARTY LICENSORS OR OTHER PROVIDERS, OR USE OF THIRD PARTY SITES, SYSTEMS OR SERVICES.
    2. NEITHER LMS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE CONTENT HEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT. IN ADDITION TO (AND WITHOUT LIMITING) THE FOREGOING, LMS'S AND ITS AFFILIATES' MAXIMUM CUMULATIVE LIABILITY RELATED TO THIS SITE SHALL IN NO EVENT EXCEED $100 USD.
    3. THE CONTENT PROVIDED THROUGH THIS SITE (INCLUDING VIA ANY LINKS ON THIS SITE) MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS. LMS IS NOT A PUBLISHER OF SUCH CONTENT AND HAS NO EDITORIAL CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF LMS. YOU USE SUCH CONTENT ONLY AT YOUR OWN RISK. In addition, the content on this Site is presented only as of the date/time published or indicated, and may be superseded by subsequent events or for other reasons.
  4. Third Party Internet Sites and Links.

    This Site may contain links or references to other Internet sites maintained by third parties over whom LMS has no control. Such links are provided merely as a convenience. LMS does not review the content of such sites. Similarly, this Site may be accessed from third party links over which LMS has no control. LMS (INCLUDING ITS AFFILIATES) MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION CONTAINED IN SUCH INTERNET SITES AND SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURIES OF ANY KIND ARISING FROM SUCH CONTENT OR INFORMATION. Inclusion of any third party link does not imply an endorsement or recommendation by LMS.

  5. Medical Information.

    This Site may contain information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. For any diagnosis or medically significant answer, you should always consult with a doctor or other healthcare professional without delay.

  6. User Submissions.

    Subject to any applicable terms and conditions set forth in our HIPAA Privacy Notice and General Privacy Policies, any communication or other material that you send to us through the internet, or post on this Site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and LMS shall have no obligation of any kind with respect to such information. LMS shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, and you hereby grant to LMS an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such items in any medium. In the event of any such usage, you agree that LMS shall have no obligation to you, including those of a monetary nature, and you shall have no rights related thereto.

  7. Trademarks.

    All product names, trade names, service names, tag lines or logotype distinguished in form, text or otherwise from surrounding text, whether or not appearing in large print or with the trademark symbol, are trademarks, service marks, trade names and/or trade dress (collectively referred to as the "Marks") of LMS, its affiliates, related companies or its licensors (in fact or implied) or joint venture partners, unless otherwise noted. Such Marks are protected by the laws of the United States and/or other countries. No use of any of these Marks may be made without the prior, written authorization of the mark owner, except as permitted by law. The use or misuse of these Marks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and other state and federal regulations and statutes. Be advised that LMS actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

  8. Copyrights.

    The content of this Site, including but not limited to text, photographs, illustrations, video, sound and other material (collectively referred to as "Content") is subject to copyright protection. Except as expressly provided on this Site, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit or otherwise use Content or any portion thereof in any form, or create any derivative work based on such Content, without the express written consent of LMS or the copyright owner. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, Mark or copyright of LMS, or any third party. Unless otherwise stated, all rights, title and interest in the Content, this Site and related materials are with LMS. You will not export any Content or other materials related to this Site outside of the United States without the express written consent of LMS. You will be solely responsible for complying fully with all applicable export laws and regulations of the United States and any other relevant jurisdiction, and will assure that none of Content or anything else related to the Site, or any portion or derivative thereof, is exported, directly or indirectly, in violation of United States law.

  9. Governing Laws; Forum Selection.

    These Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of New Jersey without regard to conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey. LMS makes no representation that materials contained in this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws.

  10. Dispute Resolution.

    Any controversy or claim between the parties or arising out of these Terms of Use or any use of this Site shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the "AAA"). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA's Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Murray Hill, New Jersey. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

  11. Waiver of Jury Trial and Class Actions.

    BY ENTERING INTO THESE TERMS OF USE, YOU AND LMS ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND LMS BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND LMS BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

  12. Indemnity.

    You agree to indemnify and hold LMS, its affiliates and providers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any materials that you transmit to or post on this Site, your use of this Site, any content, service or product herein, your violation of the Terms of Use, or your violation of any rights of another user.

  13. Force Majure.

    LMS, its affiliates and providers, will not be responsible for anything resulting from a cause over which LMS does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including cable and internet), unauthorized access, viruses, theft, change in law, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.

  14. Term.

    These Terms of Use are effective until terminated. LMS may terminate your access to the Site at any time without notice.

  15. Restricted Uses.
    1. You agree not to use the Site in any unlawful, infringing, tortious or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
    2. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
      • copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content, or materials;
      • remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
      • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;
      • reformat or frame any portion of the web pages that are part of the Site; and
      • fraudulently or intentionally misuse the Site.
  16. Agreement to Receive Messages on Mobile Devices.

    If you provide LMS a wireless data device address or phone number, you agree to receive messages at such address unless and until you notify us you choose not to receive these emails, phone calls, text messages, or SMS messages. Should you provide LMS with a wireless device medium for communication, you understand that all standard wireless carrier rates will apply and that you are authorizing all applicable charges that may occur due to consuming data from Liberator Medical on your wireless device.

  17. Survival.

    All rights and obligations reasonably intended to survive the termination of these Terms of Use shall so survive (including, without limitation, the disclaimers and limitations of liability herein).

  18. Miscellaneous.

    If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable (and modified to be as close to the intent as legally permissible) without affecting the enforceability of all remaining provisions. LMS reserves the right to alter or delete Content from this Site at any time at its discretion. Any failure by LMS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and the Privacy Policy are the exclusive agreement between LMS and you regarding the subject matter.

  19. Changes.

    Any changes to these Terms of Use will be posted on this page and may be made at any time without notice. Accordingly, we recommend that you consult this page frequently so that you are aware of our latest policy and/or any changes to these Terms of Use. Your continued use of our Site after we have posted notice of such modifications, alterations or updates shall constitute your acceptance of any such new or revised Terms of Use.

Liberator Medical Supply General Privacy Policies

Effective Date, September 5th, 2017

Liberator Medical Supply has created this statement in order to demonstrate our firm commitment to privacy.

Your privacy is important to us, and it is the policy of Liberator Medical Supply, Inc. ("LMS") to respect your privacy regarding any information we may collect while operating our website (the "Site"). This Privacy Policy discloses how we collect, use, communicate, disclose, and make use of personal information of Site visitors ("Visitors"), and applies solely to the information that we collect through the Site. This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business relationship not handled through the Site). This Privacy Policy applies to any website where it is posted.

Acceptance of Privacy Policy

By using the Site, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Your continued use of the Site following the posting of changes to these terms will mean that you accept those changes.

Contact Policy

By submitting your personal information, you agree that LMS can contact you at the given email and/or telephone number, which may be dialed manually or through automatic means. If you give us a cellular telephone number, you also agree that we can contact you at that telephone number, which may be dialed manually or through automatic means, and by message (e.g., SMS or MMS) and that you will be responsible for all data charges associated with these contact attempts. You can also opt out of specific contact types at any time of your choosing.

Your Personal Information

LMS uses the personally identifiable information ("PII") that we collect on our Site to provide you with a superior shopping experience. When you order, we will ask you to set up an account, which includes your name, e-mail address, mailing address, as well as certain other information that may be required to expedite your orders. In addition, we ask that you indicate whether you would like to receive e-mail from LMS keeping you informed of new products or features.

Your Protected Health Information and HIPAA Compliance

If you are a patient with a preexisting relationship with LMS, then the information that you share with us through this Site is likely to be protected health information ("PHI") subject to the privacy and security safeguards of the Health Insurance Portability and Accountability Act and its regulations ("HIPAA"). If that is the case, LMS's use and disclosure of your PHI will be governed by the HIPAA Privacy Notice provided here.

If you are a Visitor to this Site and do not have a preexisting relationship with LMS, then the terms of this Privacy Policy will govern LMS's use and disclosure of your PII. If you create an account through this Site to purchase LMS products, any personal information that you provide will then be deemed to be PHI governed by the HIPAA Privacy Notice provided here.

Use and Disclosure of Personal Information

Except as described in this Privacy Policy, LMS will only use your PII only to operate the Site or address your requests for information, products or services. LMS will not sell, rent, license, or trade your PII with third parties for their own direct marketing use unless we receive your express consent to do so. Unless you give us permission to do so, LMS will not share your PII other than as specified in this Privacy Policy.

     Disclosures to Third Parties Assisting In Our Operations. LMS may share your PII under confidentiality agreements with other companies that work with, or on behalf of, LMS to provide products and services. These companies may use your PII to assist LMS in its operations. However, these companies do not have any independent right to share this information.

     Disclosures Under Special Circumstances. We may provide information about you to respond to subpoenas, court orders, legal process or governmental regulations, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.

     Business Transfers. We may share your PII with other business entities in connection with the sale, assignment, merger or other transfer of all or a portion of LMS's business to such business entity. We will require any such successor business entity to honor the terms of this Privacy Policy.

     LMS Marketing Activities. From time to time, we may enter into an agreement with other companies to send promotional e-mails on our behalf to such company's customers. If we do, we may provide a list of our customer's e-mail addresses to the other company so that you, as an existing LMS customer, will not receive repetitive promotional materials. Other than e-mail addresses, no information will be shared with the other company. Such companies will be prohibited from using the e-mail list for any other purpose and will be bound to the terms of our Privacy Policy with respect to the e-mail list. We may share non-personal, summary, or aggregate customer data with partners and other third parties.

Security

LMS understands that storing our data in a secure manner is essential. LMS stores PII using industry standard physical, technical and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction or modification. Please note, however, that while LMS has endeavored to create a secure and reliable website for users, the confidentiality of any communication or material transmitted to/from the Site or via e-mail cannot be guaranteed.

When you place an order online, your personal information and credit card information are encrypted using SSL encryption technology before being sent over the Internet, making it very difficult for your information to be intercepted while being transferred to LMS. While on a secure page, such as our order form, the lock icon on will be visible in the address bar of modern browsers such as Internet Explorer or Chrome. Clicking on the lock icon will display security information regarding the site.

Cookies

Each time a visitor comes to the Site, LMS collects some information to improve the overall quality of the visitor's online experience.

     Aggregated Data. LMS collects aggregate queries for internal reporting and also counts, tracks, and aggregates the visitor's activity into LMS's analysis of general traffic-flow at the Site. To these ends, LMS may merge information about you into aggregated group data. In some cases, LMS may remove personal identifiers from PII and maintain it in aggregate form that may later be combined with other information to generate anonymous, aggregated statistical information. Such anonymous, group data may be shared on an aggregated basis with LMS's affiliates, business partners, service providers and/or vendors; if it does so, LMS will not disclose your individual identity.

     Web Server Logs and IP Addresses. An Internet Protocol ("IP") address is a number that automatically identifies the computer or device you have used to access the Internet. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. LMS may use IP addresses to conduct Site analyses and performance reviews and to administer the Site.

     Cookies and Web Beacons. Cookies are pieces of information that a website transfers to a user's computer for purposes of storing information about a user's preferences. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. Many websites use cookies as a standard practice to provide useful features when a user visits the website and most web browsers are set up to accept cookies. You can set your browser to refuse cookies, but some portions of the Site may not work properly if you refuse cookies. To enhance your experience at LMS, we use cookies to let us know that you are a prior customer, if you found us through a particular site or advertisement, and to understand anonymous audience behavior and interest on the Site. We also use cookies to retrieve certain information previously provided by you to LMS, so that you do not need to re-enter this information every time you shop at the site. Cookies are not used to access information entered on the secure server. This information can only be accessed when you enter your name and password, and only by LMS.

Some of the Site's web pages may use web beacons in conjunction with cookies to compile aggregate statistics about Site usage. A web beacon is an electronic image (also referred to as an "action tag," "single-pixel," or "clear GIF") that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of the Site. Some web beacons may be unusable if you elect to reject their associated cookies.

Referrals/Links

The Site may contain links to third-party websites that may offer information of interest. This Privacy Policy does not apply to those websites, and LMS recommends reviewing those websites' privacy policies individually.

Response to "Do Not Track" Signals

Some Internet browsers include the ability to transmit "Do Not Track" signals. Since uniform standards for "Do Not Track" signals have not yet been adopted, LMS does not process or respond to "Do Not Track" signals.

Children's Privacy Protection

     Under Age 13

LMS understands the importance of protecting children's privacy in the interactive online world. The Site is not designed for, or intentionally targeted at, children under 13 years of age. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. No one under the age of 13 should submit any PII to LMS or the Site.

     Under Age 18

Minors under 18 years of age may have the PII that they have provided to LMS through the Site deleted by sending an email to Opt-Out@liberatormedical.com requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.

Updates to Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on our homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the Privacy Policy under which the information was collected.

Passwords; Your Role in Protecting Your Personal Information.

There are portions of this Site that allow access only to users with a valid password to access it. You must take all necessary steps to ensure that no unauthorized person has access to your password or account. It is your sole responsibility to: (A) control the dissemination and use of activation codes and passwords; (B) authorize, monitor, and control access to and use of your account and password; and (C) promptly inform us of any need to deactivate a password or account.

If you are accessing personal information that is not yours, you specifically verify, agree and acknowledge, as the context may require: (A) You may only retrieve information from the Site if you stored it or with express permission of the information's owner; (B) You may not reproduce, distribute or disclose any information provided through the Site to any person other than (1) the individual to whom that information pertains, (2) to that individual's parent or guardian, (3) to other individuals and entities permitted to receive the information under applicable laws, rules or regulations, or (4) any other individual or entity with prior consent of the owner of the information; and (C) Any unauthorized retrieval or usage activity may be grounds for terminating your use of the Site and may violate state and federal civil and criminal laws.

Wireless Data Consumption

If Liberator Medical is provided a wireless data device address or phone number, you agree to receive messages at such address unless and until you notify us you choose not to receive these emails, phone calls, text messages or SMS messages. Should you provide Liberator Medical with a wireless device medium for communication, you understand that all standard wireless carrier rates will apply and that you are authorizing all applicable charges that may occur due to consuming data from Liberator Medical on your wireless device.

Changes to Your Personal Information; Opt-Out

You may review and request changes to your PII that LMS has collected, including the removal of your PII from LMS's databases in order to prevent receipt of future communications using any of the following options:

You can send your request via e-mail to Opt-Out@liberatormedical.com with REMOVE in the subject line.

You can mail your request to the following postal address: Attn: Marketing, Liberator Medical Supply., Inc., 2979 SE Gran Park Way, Stuart, Florida 34997.

Questions? Comments?

We welcome your feedback. If you have questions or comments about our privacy policies, feel free to send us an e-mail to lmsmart@liberatormedical.com or call us at 1-800-323-0914.

HIPAA Privacy Notice

Effective Date: April 14, 2003

Revised Date: September 5, 2017 (currently in effect)

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY

Liberator Medical Supply, Inc. ("Liberator Medical," "we," or "our") is required by law to maintain the privacy of its patients' Protected Health Information ("PHI"). "Protected Health Information" includes certain information about a Liberator Medical patient ("you" or "your") that may identify you and that relates to your past, present, or future physical or mental health or condition and related health care services. This Notice of Privacy Practices, revised and currently in effect as of September 5, 2017 (the "Notice"), describes how we may use or disclose PHI to carry out treatment, payment, and/or health care operations, and for other purposes that are permitted or required by law. This Notice and its contents pertain to your data when it is PHI.

We are required to abide by the terms of the Notice that are currently in effect. We reserve the right to revise the terms of the Notice at any time. Any revised Notice shall be posted on www.liberatormedical.com and shall contain an effective date. Any PHI maintained by Liberator Medical shall be subject to the terms of the Notice that are currently in effect. Upon your request, we will provide you with a copy of the Notice currently in effect. Requests can be made by contacting Liberator Medical in the manners identified below.

In your request, please indicate whether you would like to receive a copy of the Notice (a) by mail or (b) by email. Based on your choice, make sure to include your email address or mailing address.

By Mail: Liberator Medical Supply, Inc.
2979 SE Gran Park Way
Stuart, FL 34997

By Email: lmsmart@liberatormedical.com

By Phone: 1-800-323-0914

YOUR HEALTH INFORMATION RIGHTS

Although your health record is the physical property of the health care practitioner or facility that compiled it, the information belongs to you. You have the right to:

  • Request restrictions on certain uses and disclosures of your PHI;
  • Request restrictions on the disclosure of your PHI for the purpose of payment for our operations with your health insurer, if you pay for a service or health care item out-of-pocket in full. We will say "yes" unless a law requires us to share that PHI;
  • Obtain a paper copy of the Notice upon request;
  • Inspect and obtain a copy of any PHI we have on file for you (other than psychotherapy notes and information compiled in reasonable anticipation of, or for use in, civil, criminal, or administrative action or proceeding);[1]
  • Amend incorrect or incomplete information contained in any PHI we have on file for you;[2]
  • Obtain an accounting of certain disclosures of your PHI within the past 6 years;[3]
  • Request that communications of your PHI be delivered confidentially by alternative means or at alternative locations;
  • Choose someone to act for you (i.e. power of attorney, legal guardian); and
  • File a complaint if you feel we have violated your rights.

OUR RESPONSIBILITIES

Liberator Medical is required to:

  • Maintain the privacy of your PHI;
  • Provide you with a notice as to our legal duties and privacy practices with respect to PHI we collect and maintain about you;
  • Notify you following a breach of unsecured PHI; and
  • Abide by the terms of the Notice currently in effect.

PERMITTED USES OR DISCLOSURES

We may use or disclose your PHI for the following permitted reasons:

1. Treatment

We may use and share your PHI with other professionals who are treating you.

We may provide your treating physician with various medical records that he or she requested as part of deciding how to treat you.

2. Payment

We may use and share your PHI to bill and receive payment for services we provide.

Example: We may need to give your health plan information about products you received so that your health plan will pay us for the care. We may also tell your health plan about a product you may receive so we can obtain prior approval or determine whether your plan will cover the product provided to you.

3. Health Operations

We may use and share your PHI to review our services, evaluate the performance of our staff, and contact you when necessary.

Example: We may combine medical information about many patients to decide what additional services or products we should offer and what services or products we should not.

OTHER USES OR DISCLOSURES

We may use or disclose your PHI for the following other reasons:

1. Public Health and Safety

We may use or disclose your PHI for public health activities, such as to (i) prevent or control disease, injury, or disability; (ii) notify people of product recalls; (iii) report reactions to medications or problems with products; (iv) notify the appropriate government authority if we believe a patient who is a minor or disabled adult has been a victim of abuse, neglect or exploitation; (v) notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; or (vi) report births or deaths.

2. Research

We may use or disclose your PHI to researchers when their research has been approved by an institutional review board that has established protocols to ensure the privacy of your PHI.

3. Law Enforcement

We may release PHI (i) in response to a court order, criminal subpoena, warrant, summons or similar process, or whenever otherwise authorized by law; (ii) if asked to do so by a law enforcement official investigating criminal conduct; and (iii) in emergency circumstances to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.

4. Organ Tissue and Donation Requests

We may use or disclose your PHI to organ procurement organizations.

5. Medical Examination/Funerals

We may use or disclose your PHI with a coroner, medical examiner, or funeral director, if you die.

6. Workers Compensation

We may use or disclose your PHI to the extent authorized by, and to the extent necessary to comply with, laws relating to workers compensation or other similar programs established by law.

7. Lawsuits and Disputes

We may disclose PHI in response to a court or administrative order. We may also disclose PHI in response to a civil subpoena, discovery request, or other lawful process under the law. Parties using these legal procedures to get PHI may have an obligation to tell you about the request or to obtain an order protecting the information requested.

8. Military and Veterans

If you are a member of the armed forces, we may release PHI as required by military command authorities.

9. As Required by Law

We will disclose PHI when required to do so by federal, state, or local law.

10. Business Associates

We may disclose PHI to business associates who provide services to or on behalf of us. Our business associates have the same obligation to keep PHI confidential as we do. We must require our business associates to ensure that PHI is protected from unauthorized use or disclosure.

Once health information about you has been disclosed pursuant to your authorization, HIPAA protections may no longer apply to the disclosed health information, and that information may be re-disclosed by the recipient without your or our knowledge or authorization.

USES AND DISCLOSURES THAT YOU CONTROL

1. Communication with Family

Under most circumstances, you have the right and choice to identify if or to whom you would like us to provide your PHI (i.e., family, close friends, significant others).

2. Fundraising

Although we may contact you for fundraising efforts, you have the right and choice to tell us not to contact you again.

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

USES AND DISCLOSURES THAT REQUIRE YOUR AUTHORIZATION

Except as identified in the Notice or otherwise permitted or required by HIPAA, Liberator Medical will not use or disclose your PHI without a valid authorization. You may revoke an authorization at any time, provided that (i) the revocation is in writing and (ii) Liberator Medical has not taken any action based on your authorization. Liberator cannot retract any PHI disclosed pursuant to your authorization.

1. Marketing[4]

Unless you give us separate written authorization, we will not use or disclose your PHI for marketing.

2. Sale of PHI

Unless you give us separate written authorization, we will not sell your PHI.

3. Psychotherapy Notes

Unless you give us separate written authorization, we will not use or disclose any of your PHI related to psychotherapy notes.

COMPLAINTS

If you believe your privacy rights have been violated, you can file a complaint with our Privacy Officer or with the Secretary of Health and Human Services. There will be no retaliation for filing a complaint. You may contact:

Liberator Medical Supply, Inc.
Attn: Timothy M. Moore, Privacy Officer
2979 SE Gran Park Way
Stuart, FL 34997
1-772-287-2414

US Department of Health and Human Services Office for Civil Rights
200 Independence Avenue, S.W.
Washington, D.C. 20201
877-696-6775


[1] We will provide a copy or a summary of your PHI, usually within 30 days of your request. We may charge a reasonable cost-based fee.

[2] If we decline your request, we will inform you of our rationale, in writing, within 60 days of your request.

[3] We will provide one accounting per year for free, but will charge a reasonable, cost-based fee for additional accountings requested within a 12-month period.

[4] "Marketing" does not include, among other things, communications related to your treatment or to a product or service we offer.






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