Terms of Use for LMS Website

Effective Date: September 22, 2017

Welcome to the Liberator Medical Supply, Inc. (“LMS,” “we,” “us,” or “our”) website (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.

1.1.
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.

1.2.
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

3.1.
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.

3.2.
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.

3.3.
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 Majeure.

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.

5.1.
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.

5.2.
15.2. 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.

Contact us

First & Last Name*

Phone Number*

Email Address*

I have read and agree to
Terms of Use and Privacy Policy

 

Customer Reorder

Urology:

1-800-754-5919

Ostomy:

1-800-755-6531

Mastectomy Fashions:

1-800-755-7880

Diabetes:

1-800-536-7955

Free Ground Shipping

on all Medicare, Medicaid and Private Insurance orders.

Liberator Medical has earned The Joint Commission's Gold Seal of Approval and has an A+ rating with the Better Business Bureau

Liberator Medical Overview

Liberator Medical Supply, Inc. has been Bringing Better Healthcare Home to You since 1999. We are a national direct-to-consumer provider of sterile intermittent catheters and urological supplies, ostomy supplies, diabetes testing supplies as well as mastectomy bras and breast prostheses.

Liberator Medical received provider accreditation from The Joint Commission, a national accreditation organization authorized by the federal government's centers for Medicare and Medicaid Services, and holds an A+ rating with the Better Business Bureau.

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Liberator Medical's Commitment to Customer Care & Service Excellence

Products

  • Access to one of the largest, most complete “on hand” inventories in the U.S.
  • FREE* samples of innovative products from the leading manufacturers so you can be certain you’re using the best products for you and your lifestyle
  • We will never substitute the products you ordered without your consent

Free Service & Support

  • Access to Product Specialists to help you get the best products for your individual needs
  • Customer Support - 24/7 access to the most up-to-date product news and information
  • Online chat with Product Specialists - A fast and discreet way to discuss sensitive issues
  • Access to Physicians - We’ll help you locate a physician if you need to renew your prescription

Insurance & Billing

  • Access to Insurance Specialists - Now you have an ally to help you to maximize your benefits
  • 3-way calls with a Liberator Medical Insurance Specialist, you and your insurer to help you get a full understanding of your insurance coverage
  • We handle all insurance paperwork and billing for you, taking the complexity off your hands
  • We’re in-network with over 3,000 insurance plans, and we're adding additional plans every day

Free** Shipping & Delivery

  • Free** Shipping - Delivered discreetly right to your home or alternate location
  • Advanced Automated Shipping Process - Providing faster and more accurate order delivery
  • Auto-Ship for most Private Insurance Customers

** Free shipping on all Medicare, Medicaid and Private Insurance orders.

Re-Ordering

  • Free Re-Order Reminders - Never worry about running out of your medical supplies again
  • 14-Day Supply Packs - This package contains 14 days of supplies. When opening this package last, call us to help ensure you’ll get your next order on time

Meet Our Community

Liberator Medical is proud to share inspirational stories from the Bard Care community.

 

The Bard Care Community comes from all walks and wheels of life. Some of them have chosen to share their unique points of view as they go out and do the things they love to do.