Privacy Policy &Terms of Use
LibertyMedical.com Web Site Terms of Use
Please read these terms of use carefully, as they may have changed since your last visit to this web site. By using this web site, you indicate your unconditional acceptance of the following terms of use.
The Liberty family of companies ("we" or "Liberty") maintain this web site as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download materials subject to the terms and conditions set out below.
Use of Liberty's Web Site and Its Content
We may alter, suspend, or discontinue this web site in whole or in part, at any time and for any reason, without notice or cost. The web site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you to view, copy, download, and print posted documents (such as price lists, papers, forms, catalogs, manuals, and FAQs) that are available on this web site, subject to the following conditions:
- The documents may be used solely for internal informational purposes.
- The documents may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this web site.
By using this web site, you agree to indemnify, hold harmless and defend us from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this web site.
Intellectual Property Rights
Unless otherwise noted, all text and images contained on this web site are the property of Liberty and/or its affiliates, parents, subsidiaries, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
©2007 Liberty Medical. All rights reserved.
®Is a registered trademark
Any other product names are trademarks or registered trademarks of their respective owners.
Accuracy of Content and Future Modifications to Web Site
The information on this web site is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to prices, document names and content, product descriptions or specifications, or other information without obligation to issue any notice of such changes.
Prohibited Conduct
Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this web site to: (1) transmit via or through the site any information, data, text, images, files, links, or software except in connection with your authorized use of this web site or otherwise in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses and/or harmful code on the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person, including but not limited to, a registered user of this web site or a PolyMedica employee; or (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this web site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to this web site is: Privacy Officer, 8881 Liberty Lane, Port St Lucie FL 34953, email corp@Libertymedical.com, or call our toll free number 1 (866) 836-9933 and ask to speak with the Privacy Officer.
Disclaimer of Warranty
All text, images, and other information on or accessible from this web site are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, Liberty does not warrant that: (I) the information available on this web site is free of errors; (ii) the functions contained on this web site will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this web site or the server(s) that makes it available are free of viruses or other harmful components.
Limitation of Liability
In no event shall Liberty be liable to any user of the Liberty web site or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the Liberty web site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if Liberty has been advised of the possibility of such damages or losses.
Third Party Links
Our site contains links to third party links, including our parent corporation, PolyMedica Corporation. If you leave LibertyMedical.com by linking to a third party link, you will be subject to such third party's privacy policies and procedures and this Privacy Statement will no longer apply. Liberty is not responsible for the content of third party links or the use, collection or dissemination of information on such third party links.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Liberty of that third party or of any product or service provided by a third party. Likewise, a link to any non-Liberty web site does not imply that we endorse or accept any responsibility for the content or use of such a web site.
Jurisdictional Issues
We make no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Enforcement of Terms of Use
These Terms of Use shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A., by a sole, jointly appointed arbitrator, under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Liberty shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
Severability
If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement
These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
Contact Information
If you have any questions about these Terms of Use, please contact Privacy Officer, 8881 Liberty Lane, Port St Lucie FL 34952, email corp@Libertymedical.com, or call our toll free number 1 (888) 356-7343 and ask to speak with the Privacy Officer.
Privacy Policy
PolyMedica and its affiliates* ("we" or "PolyMedica") is committed to protecting your privacy. Therefore, PolyMedica has developed policies and procedures to ensure that the information you provide to us through our web site, LibertyMedical.com, is collected and maintained in a manner that respects your privacy. This Privacy Statement explains these important policies and procedures so that you will be aware of how we collect and use the information you provide us, and how you may modify and/or delete this information.
Because your privacy is important to us, PolyMedica does not track or collect personal information unless it is purposefully and knowingly provided to us. In other words, we do not collect your information without your knowledge.
Should you request that we contact you to provide additional information about our products and services, and you have provided us with personal information so that we may do so, we will not use or disclose this information outside of PolyMedica without your consent, unless required by law. In the event that you use Liberty's products/services, we may use and/or disclose the information that you provide to us in communications with your treating physician and/or insurance plans.
To summarize, it is our policy: (1) not to collect your personal information without your knowledge and consent; (2) to protect the privacy of any personal information you choose to provide to us; (3) to notify you of our policies and procedures regarding your personal information; and (4) to abide by the terms of this Privacy Statement. We are dedicated to fulfilling this policy.
Privacy Notice for the Use and Disclosure of Medical Information
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.
PolyMedica and its Affiliates provide health related products, services and information to patients through mail or package delivery, telephone, and online communications. In order to provide these products, services, and information, PolyMedica uses and discloses medical information about patients as described in this Privacy Notice.
PolyMedica and its covered entities are required by law to maintain the privacy of legally protected individually identifiable health-related information ("your medical information") about you and to provide you with this notice of our legal duties and privacy practices with respect to this information.
How PolyMedica and its Affiliates Use and Disclose Your Medical Information
- Your medical information will be used or disclosed in connection with your health care treatment. For example, your medical information may be used to provide health-related products to you and to coordinate with your doctor to ensure that you receive the products that your doctor has prescribed to you.
- Your medical information will be used and disclosed as needed to collect payments for the products and services that you receive, such as when PolyMedica bills Medicare, your private insurance carrier, or you for the items you receive.
- Your medical information will be used and disclosed as needed to manage and improve the quality of PolyMedica's internal health care operations, including uses such as quality assessments, audits, and other similar functions. Limited medical information about you may also be disclosed to your insurers or doctors for managing their internal health care operations.
- Your medical information may be disclosed to third parties that provide certain services to us, such as data processing, billing, legal, or accounting services, under contracts that protect your medical information from unauthorized use or disclosure.
- Your medical information may be disclosed to family members, other relatives, close personal friends, or other persons whom you may authorize, as we determine in our professional judgment to be relevant to their involvement in your health care.
- We may contact you to provide prescription refill reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.
- Your medical information may be used or disclosed to the Food and Drug Administration (FDA) or to entities regulated by the FDA relative to adverse events involving products or to enable product recalls, repairs, or replacements of products; to public health or legal authorities responsible for safeguarding public health or preventing injury or disease; or to health oversight agencies for activities such as audits, investigations, inspections, or other proceedings to monitor our operations, the health care system, government health programs, or compliance with civil rights laws.
- Your medical information may be disclosed to provide information needed for law enforcement purposes or for a legal proceeding. Your medical information may be disclosed for judicial or administrative proceedings pursuant to a court or administrative order or in response to a subpoena, discovery request or other lawful process, provided that in the absence of a court or administrative order, reasonable efforts are made to notify you of the request or to secure a protective order preventing the information from being used for other purposes.
- We are permitted to disclose your medical information to social services, protective services, or other government authorities if we reasonably believe that you are a victim of abuse, neglect, or domestic violence, provided that the disclosure is either required by law, authorized by you, allowed by law and necessary to prevent harm to you or someone else, or a law enforcement or public official represents that the information is necessary and will not be used against you.
- In addition, federal regulations allow us to use or disclose your medical information for other specific purposes, including: compliance with worker's compensation laws; assisting coroners, medical examiners and funeral directors in performing their functions; aiding organ or tissue procurement organizations in performing their donation, banking, or transplantation functions; notifying family members, personal representatives, or caregivers of your location and general condition; providing information to military command authorities if you are in a military service, a correctional institution if you are an inmate, or legally authorized national security, intelligence, or protective service authorities; or for research under approved protocols to protect your privacy.
- Your medical information may be disclosed to provide emergency information to law enforcement, emergency response, or disaster relief officials; to avert a serious threat to the health or safety of you, the public, or another person; or as otherwise required by law.
- We will obtain your written authorization before we use or disclose your medical information for purposes other than those described above or as otherwise permitted or required by law. You may revoke an authorization in writing at any time, requiring us to stop using or disclosing your medical information except to the extent that we have already acted in reliance on your authorization.
Your Rights Concerning Your Medical Information
You have a right to inspect. copy and request amendments to your medical information by sending a written request to the Privacy Officer at the address provided below. We may deny requests for access and amendment in certain instances. You have a right to ask that most denials of access be reconsidered, and you have a right to submit a statement disagreeing to a decision to reject a proposed amendment, to which we may respond.s
You have a right to request and receive an accounting of disclosures of your medical information that we or our business associates may make to certain third parties without your authorization on or after April 14, 2003, for most purposes other than treatment, payment or health care operations. We may charge a fee if you request more than one accounting during any 12-month period. Your request must specify the time period to be covered in the accounting, up to 6 years.
You have a right to request reasonable arrangements to ensure that communications containing your medical information are provided to you in a confidential manner or to an alternative location.
You have a right to request restrictions on certain uses and disclosures of your medical information, although we are not required to agree to a requested restriction.
You have a right to request and receive a paper copy of this Privacy Notice.
If you believe that your privacy rights have been violated, you have a right to complain to PolyMedica, its affiliates or the U. S. Department of Health and Human Services. You may contact PolyMedica Privacy Officer at the email address or phone number provided below. No adverse action or retaliation will be taken against you for filing a complaint.
We are required to abide by the terms of this Privacy Notice currently in effect. We reserve the right to change the terms of this notice and make the new notice effective for all of the medical information about you that we maintain. Any revised Privacy notice will be posted on our web site, inserted in packages that we send to new customers, and provided in response to written, telephone or e-mail requests.
For further information about our privacy policies and practices, or to exercise any of your rights as described above, please contact Privacy Officer, 8881 Liberty Lane, Port St Lucie FL 34952, email corp@Libertymedical.com, or call our toll free number 1 (888) 356-7343 and ask to speak with the Privacy Officer.
* PolyMedica and its Affiliates include the Liberty Family of Companies and Intellicare, Inc.
Acceptance
By using the LibertyMedical.com site, you signify your acceptance of this Privacy Policy. If you do not agree with the terms of the Policy, you should exit the web site.
Information Collection
View/General Use. You are not required to register or provide us with any personal information in order to view information on our site. We do collect anonymous, non-personal information about your use of our site. For example, we collect non-personal information about your use of our site through the use of "Cookies". Cookies are small computer files that we transfer to your computer's hard drive that allow us to know how often someone visits a site. Every computer is assigned a different cookie by us. The information collected by cookies helps us statistically monitor the number of visitors to the Liberty Family of sites. Your browser software can be set to reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. We also may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here.
Information Service. If you decide to contact us by email, you will be asked to provide certain information so that we may contact you. We will ask you to provide your name, telephone numbers, e-mail address, friend name (for tell a friend), friend email (for tell a friend), and comments. Again, we will only collect this information if you contact us by email.
Reorder Service. If you are a current customer and have previously placed an order with Liberty through our 1(800) telephone order service, you may request a refill of your order through our site. You will be asked for information to help us identify you as a patient and information regarding the supplies you need. This information is only collected if you choose to reorder your products through our site.
Information Use and Disclosure
The information that you share with us, either to sign up for our information service or to reorder products, will only be used by the PolyMedica to evaluate your needs so that we may provide you with information that is most useful and relevant to you. We do not sell, lease, or otherwise provide this information to any outside third parties, except that, with your consent, we share information in accordance with our Privacy Notice.
Tell-a-Friend
If a users elects to use our Tell-a-Friend referral service for informing a friend about our site, we ask them for the friend's name and e-mail address. We will automatically send the friend a one-time e-mail inviting them to visit the site. We store this information for the sole purpose of sending this one-time e-mail and for tracking the success of our referral program. The friend may contact us as provided below to request the removal of this information from our database.
Minors
LibertyMedical.com is intended for adults only. We realize, however, that minors may view our site and may choose to sign up for Liberty's home delivery program. Minors may not understand the consequences of providing information to third parties. Therefore, before a minor provides such information via our sign-up service, we require consent from the minor's parent or legal guardian.
Integrity/Security
LibertyMedical.com understands that in order to maintain your privacy, your personal information must be collected and stored in a secure manner, and the integrity of your information must be preserved. Therefore, we follow a number of administrative, technical and physical safeguards to achieve this goal.
Modifying and Deleting Your Information
Liberty does not currently offer you the ability to access or modify your information through our site. We are, however, developing a feature that will allow you to control your information in these ways. In the interim, you may contact us (as indicated below) and request that your information be modified. We will promptly update our records accordingly. If you would like to modify information you have already provided to us, please contact us online.
Discontinuing the Service
If for any reason you decide to stop participating in our home delivery program after you have enrolled, you may contact us online, and we will discontinue this service.
Third Party Links
Our web site provides links to other companies' web sites. If you leave LibertyMedical.com by linking to one of these third party sites, you will be subject to the privacy policies and procedures posted there, and this Privacy Statement will no longer apply.
Modifications to Privacy Statement
Periodically, we may modify our policies or procedures described in this Privacy Statement. Any modifications will be posted to our site, and the date of any changes will be indicated.
Contact Information
If you have any questions or concerns about our Privacy Statement, or would like more information about our privacy policies and procedures, please contact Privacy Officer, 8881 Liberty Lane, Port St Lucie FL 34952, email corp@Libertymedical.com, or call our toll free number 1 (888) 356-7343 and ask to speak with the Privacy Officer.