Privacy Policy &Terms of Use
Terms of Use
Privacy Policy
LibertyMarketplace.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.
Liberty Medical Supply, Inc., its affiliates, subsidiaries or parent company ("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
All rights in the product names, company names, trade names, logos, product packaging
and designs of all Liberty or third-party products or services, whether or not appearing
in large print or with the trademark symbol, belong exclusively to Liberty or their
respective owners, and are protected from reproduction, imitation, dilution or confusing
or misleading uses under national and international trademark and copyright laws.
The use or misuse of these trademarks or any materials, except as permitted herein,
is expressly prohibited and nothing stated or implied on this Service confers on
you any license or right under any patent or trademark of Liberty or any third party.
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, 10045
S. Federal Highway, Port St. Lucie, FL 34952, 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 LibertyMarketplace.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, 10045 S. Federal Highway, Port St. Lucie, FL 34952, email
corp@LibertyMarketplace.com, or call our toll free number 1-888-356-7343and
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, LibertyMarketplace.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.
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, 10045 S.
Federal Highway, Port St. Lucie, FL 34952, email
corp@Libertymedical.com, or call our toll free number 1-888-356-7343and
ask to speak with the Privacy Officer.
* PolyMedica and its Affiliates include Liberty Medical Supply, Inc., Liberty Healthcare
Pharmacy of Nevada, LLC., Liberty Marketplace, Inc., Liberty Medical Response, Inc.,
Liberty Medical Supply d/b/a Liberty Medical Supply of Ohio, Liberty Medical Supply,
Inc. d/b/a Liberty Diabetes, Inc., Liberty Direct Services, Corp., Its affiliates,
subsidiaries or parent company.
Acceptance
By using the LibertyMarketplace.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 Liberty 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
LibertyMarketplace.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
LibertyMarketplace.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 LibertyMarketplace.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, 10045 S. Federal Highway, Port St. Lucie, FL 34952, email
corp@Libertymedical.com, or call our toll free number 1-888-356-7343and
ask to speak with the Privacy Officer.
State of Florida and National Center Toll-Free Abuse Hotline
To report abuse, neglect or exploitation, call 1-800-962-2873. (Available Florida
state wide), or 1-800-677-1116 (Nationwide).
Liberty’s non-English speaking patients are welcomed to contact us toll free using
the toll free number 1-800-762-8026.
Hearing impaired patients are welcomed to call the following TYY number 1-888-235-6230.
Accreditation Commission for Health Care (ACHC) grievance complaint number, call
1-919-785-3011.
How to Reorder
There’s never a reason to run out of your supplies with Liberty. When you are running
low, simply call the toll-free number listed on the top of the page. It’s that easy.
Upon receipt of all required information, your order will be delivered within 5-7
business days. Your supplies will be delivered to your home with free shipping.
Change of Address or Insurance
In order to ensure you receive your supplies without interruption, it’s important
to inform us whenever your address or insurance information changes. Call the toll-free
number listed on the top of the page to speak directly to a representative. They’ll
take your new information and make sure your records are up-to-date.
Our Guarantee
We want to ensure you are always satisfied with our products and services.
If for any reason you are not satisfied, you can return or exchange a product* or
notify us of a concern, simply by calling a Patient Services Representative to make
arrangements. If you have questions about how to best use a product, remember we
are always here to assist you.
Statement of Patient Rights
The right to:
- Be fully informed in advance about Liberty's service and the product to be provided.
- Participate in the development and periodic revision of the plan of service/care.
- Informed consent and refusal of service after the consequences of refusing service.
- Be informed in advance of any charges, including payment for products expected from
third parties and any charges for which the patient will be responsible.
- Have one's property and person treated with respect, consideration, and recognition
of patient dignity and individuality.
- Voice grievances/complaints** or recommend changes in policy, staff, or service
without restraint, interference, coercion, discrimination, or reprisal.
- Choose a healthcare provider.
- Confidentiality and privacy of all information contained in the patient record and
any Protected Health Information.
- Receive appropriate service without discrimination in accordance with physician
orders.
- Be informed of any financial benefits when referred to an organization.
- Be fully informed of one's responsibilities.
- Be informed of provider service limitations.
The responsibility to:
- Remain under a physician's care while receiving Liberty's services.
- Provide Liberty with complete and accurate insurance information.
- Provide Liberty with any changes in insurance coverage, as soon as changes are known.
- Sign the required consents and releases for insurance billing and audits.
- Participate in your care by asking questions and expressing concerns.
- Provide a safe home environment in which our services can be provided.
- Cooperate with your physician, our staff and other caregivers.
- Accept the outcome of any refusal of treatment.
- Treat Liberty personnel with respect and consideration.
- Abide by Liberty policies which restrict duties our staff may perform.
- Advise Liberty of any questions, concerns, dissatisfaction or problems with your
service.
- Notify Liberty of any change in your address, phone number, treatment regimen or
physician.
- Return rental product immediately upon completion of treatment.
* Up to 90 days from shipment. A longer period may apply based on law or regulation.
To ensure proper credit for your return, prior authorization must be obtained by
calling our Patient Services Department. The patient service representative will
issue a return authorization number and a postage paid label. Liberty is unable
to accept returns of properly filled prescription medications.
** Liberty's Patient Service Representatives are trained to assist in resolving
patient complaints or concerns. It is Liberty's goal to resolve any such issues
in a timely manner, however, the nature of the concern or complaint may require
additional resolution time. If a patient issue cannot be resolved through our normal
patient services process, Liberty will act to escalate the concern/complaint. Once
escalated, the patient will receive either a verbal or written acknowledgement within
5 days, followed by a final resolution letter within 14 days of the initial escalation
action.