Terms of Use
Effective Date: February 10, 2022
Welcome to the Liberator Medical Supply, Inc.™ (“LMS,” “we,” “us,” or “our”) website, including the website located at: www.liberatormedical.com and the LMS controlled pages and websites accessible from such site (the “Site”).
PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE OR BY USING ANY PRODUCT OBTAINED THROUGH THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF USE AND OUR PRIVACY POLICY WITHOUT LIMITATION OR QUALIFICATION. YOU AGREE THE INFORMATION PROVIDED TO YOU IN CONNECTION WITH THE SITE SHALL BE GOVERNED BY OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE. YOUR COMPLIANCE WITH THESE TERMS OF USE IS A CONDITION TO YOUR USE OF THE 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.
All pages within this Site and materials made available for download are our property. Any Content (as defined in Section 8 below) may not be used except for purposes as authorized in these Terms of Use. Any use not in accordance with these Terms of Use is strictly prohibited. We have no liability or responsibility for Content posted to the Site from any non-affiliated third party. In no case may the Content 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. We make no representations, warranties or guarantees as to the correctness or accuracy of the Site or Content. We reserve the right to unilaterally correct any inaccuracies without notice. 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, Paying for, or Refunding an Order.
2.1
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.
2.2
You must use the Site in your own name only. Any account credentials used or created are personal to you and you are solely responsible for maintaining the confidentiality of those credentials and for all activities that occur under your account. Your access to the Site may be revoked at any time. You must use your own credit card (or a card you are lawfully authorized to use for another’s benefit), and you must comply with all requirements of the credit card provider. You agree to purchase LMS products for only personal use. You agree not to resell LMS products. LMS products purchased through the Site, where available, may be subject to the warranty and return policies included in specific product labeling, inserts, or provided during communications about the product purchased. In the event of a conflict between these Terms of Use and specific product labeling, the specific product labeling controls. You agree that your order of a product through the Site is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. We reserve the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, credit card or billing or shipping address. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between LMS and you will not take place unless and until you have received your order confirmation email. We reserve the right, at our sole discretion, to prohibit sales to dealers, wholesalers or other customers who intend to resell items offered on our site. We reserve the right to refuse or cancel any order for any reason. Your account may be restricted or terminated for any reason at our sole discretion.
2.3
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
In the event a product or service is listed at an incorrect price due to typographical errors, we shall have the right to refuse or cancel any orders placed at the incorrect price.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit card payments only for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
You agree that the payment method you submit may be used automatically by us or our payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. You agree to allow our payment processors to securely store your payment method. You represent and warrant that if you are making online payments that if we are unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from us with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.
2.4
Except for any products designated on the Site as non-returnable, LMS will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. Only unopened items may be returned within 30 days from the date of purchase. Orders are subject to a restocking fee of 15%. To return products, you must contact our Customer Service Department at [email protected] or at 1-800-323-0914.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
Refunds are processed within 60 days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE DO NOT OFFER REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
3. Disclaimers; Limitations of Liability; No Warranties
3.1.
YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. YOU AGREE TO ASSUME FULL RESONSIBILITY FOR USING THE SITE, SITE RELATED SERVICES, INFORMATION ON THE SITE AND LINKED WEBSITES. 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, SERVICES OFFERED ON THIS SITE, AND/OR CONTENT WILL (I) BE UNAVAILABLE AT SCHEDULED AND UNSCHEDULED TIMES, AND (II) NOT BE ERROR-FREE.WE MAKE NO WARRANTY OR GUARANTEE THAT ACCESS TO SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. 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. YOU AGREE THAT WE, OUR AFFILIATES, ANY THIRD-PARTY SERVICE PROVIDERS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RESULTING FROM YOUR USE OR ANY OTHER USER’S USE OF THIS SITE OR OUR PRODUCTS.
3.2.
NEITHER LMS NOR ANY AFFILIATE 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.
3.4
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE FOR THIRD PARTY PRODUCTS SOLD BY LMS.
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 medical question, 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 perpetuity. 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 and Intellectual Property.
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. You will also be solely responsible for complying with all terms and conditions of any specific license agreement for any product you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site.
9. Dispute Resolution.
We will work in good faith to resolve issues with the Site, including products and services ordered, purchased or received through the Site upon provision of notice to our customer service department. In the event a matter is not resolved to your satisfaction 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.
10. 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 the Content of this Site is appropriate or available for use in other locations and accessing it from territories where such Content is 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.
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, access to the site by anyone using your user ID and password, any Content, service or product herein, your violation of the Terms of Use or applicable law, 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, hurricane, earthquake, declared epidemic or pandemic, 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.
15.1.
You agree you are prohibited from violating or attempting to violate the security of the Site. 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.
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. Violations of system or network security may result in civil or criminal liability.
16. Consent to Receive Calls and Text Messages
- By providing your mobile number, you are agreeing to be contacted by or on behalf of LMS at the mobile number you have provided, including automated “robo” calls and text messages, to receive informational messages and communications relating to LMS and the Site. Message and data rates may apply. To stop receiving text messages text the word STOP in response to any text message you receive. We may confirm your opt out by text message. Please note, that by withdrawing your consent, certain information may no longer be available to you or provided to you. If you believe you have received a call or text message from LMS that you did not subscribe to, in addition to opting out, you may contact us as described in our Privacy Policy.
