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Legal
TERMS
AND CONDITIONS OF USE
1. GENERAL
Your access
to and use of the
Ambient Healthcare Web Site
is subject to the following
Terms and Conditions of Use, as well as any modifications
issued by Ambient Healthcare, Inc. to these Terms, and all applicable
laws and
regulations. By accessing and using the Ambient Healthcare Web Site,
you agree to be bound by these Terms. If you do not wish to be
bound by these Terms, please exit the Web Site.
Ambient Healthcare, Inc.
(referred to as Ambient) provides the data,
information and materials on this Web Site for your
personal information only. This Web Site provides
general information concerning various healthcare products and services
provided by Ambient (including home infusion therapies and services,
nutritional assessment and support, and other injectable prescription
medications). These
Terms and Conditions and related Web Site information does not affect
or
supercede the terms and
conditions of any purchased product or service from Ambient.
2. TERMS AND
SITE
INFORMATION MODIFICATION; TERMINATION.
Ambient reserves the right at
any
time and without prior notice
to revise the Terms or to impose new terms and conditions
regarding the access or use of this Web Site. Any revision or addition
will be
effective immediately upon notice, which may be given by any
means, including but not limited to posting the revised information on
this Web Site.
It is incumbent upon the user
to
review this Web Site and the Terms and Conditions of Use periodically
for any changes. Any access or use of this Web Site after notice of
such revisions are posted
shall constitute your acceptance and agreement to abide by any and all
changes.
Ambient may alter, delete or
modify
any information on our Web Site,
including but not limited to descriptions of any products or services.
We may
terminate the Web Site at any time without prior notice.
3. MEDICAL
ADVICE
FROM YOUR HEALTHCARE
PROFESSIONAL.
ALL INFORMATION AND MATERIALS
PROVIDED ON THIS SITE MUST NOT
BE TAKEN AS MEDICAL ADVICE, AND MUST NOT BE USED TO DIAGNOSE HEALTH
PROBLEMS OR TO PRESCRIBE ANY THERAPIES, MEDICATIONS, MEDICAL DEVICES,
OR OTHER REMEDIES. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH,
YOU MUST ALWAYS CONSULT A PHYSICIAN OR OTHER PROFESSIONAL HEALTHCARE
PROVIDER. YOU MUST CAREFULLY READ ALL PACKAGING AND OTHER INFORMATION
PROVIDED BY THE MANUFACTURER OF ANY MEDICAL PRODUCTS OR DEVICES BEFORE
USING THEM.
While
Ambient
attempts to assure
that all Web Site information is complete and accurate, you are advised
that
this Web Site may contain errors.
Information may
become out of date. Therefore, you must not rely on any information
contained on this Web Site as your sole source of knowledge
without first obtaining advise from your healthcare professional.
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TRADEMARKS,
COPYRIGHTS AND PROPRIETARY RIGHTS.
This internet presence and
the information contained herein are
protected by copyright,
trademark, and other laws of the United States and other countries. Any
unauthorized use of any material on this Web Site may violate such laws.
The trademarks, logos and
service
marks used and displayed on
this Web Site are registered or unregistered trademarks
of Ambient Healthcare and other vendors. You are not authorized to
reproduce, use or alter any of
the Trademarks without the
written
permission of the respective owner.
You may
not
modify, copy, distribute, publish, transmit, sell, display or create
derivative work based on the Web Site without Ambient's prior written
permission. It is expressly forbidden to use the Web Site or
information for commercial purposes without the prior written
permission of Ambient.
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THIRD
PARTY
AND RECIPROCAL LINKS TO
THIS SITE.
The Web Site contains links
to
Internet
sites published by third
parties. Ambient does not endorse or approve the information or
practices of such third parties. Ambient is not responsible for the
integrity, validity or effect any linked site may have on the user.
Links to other Internet sites are
provided as a courtesy only, and you access them at your own
risk.
No
reciprocal
or unsolicited links may be created to any segment of this Web Site
Domain. Also, no part of this Web Site may be framed without prior
written approval from Ambient.
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LIMITATION
OF
LIABILITY.
While Ambient has
strived to make
sure published information is
accurate, your use of this Web Site is at your own risk.
AMBIENT MAKES NO
GUARANTY,
REPRESENTATION OR WARRANTY
ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE
INFORMATION CONTAINED HEREIN. THIS WEB SITE, INCLUDING ALL INFORMATION,
SERVICES, PRODUCTS AND MATERIALS CONTAINED HEREIN, IS PROVIDED "AS IS"
AND WITHOUT ANY GUARANTY, REPRESENTATION OR WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. AMBIENT HEREBY DISCLAIMS, TO THE FULLEST
EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTIES, REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEB SITE AND ITS
CONTENT AND OPERATION. AMBIENT HEREBY FURTHER
DISCLAIMS THE INFORMATION, SERVICES AND
PRODUCTS HEREIN, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
FREEDOM FROM COMPUTER VIRUSES, NONINFRINGEMENT, SECURITY, COMPLETENESS,
TIMELINESS, APPROPRIATENESS AND ACCURACY. AMBIENT DOES NOT WARRANT THE
ROUTINES CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS PRESENCE OR THE
SERVER
ON WHICH IT IS LOCATED ARE FREE OR WILL BE FREE OF VIRUSES OR HARMFUL
COMPONENTS.
IN
NO
EVENT SHALL AMBIENT OR ITS SUPPLIERS OR VENDORS BE LIABLE FOR ANY
SPECIAL,
INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR FOR ANY
GOODS
OR SERVICES OBTAINED ON THIS WEB SITE.
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PRIVACY
POLICY
Ambient Healthcare recognizes
your
right to
confidentiality and is
committed to protecting your privacy. The information you provide to
Ambient is subject to our Privacy
Policy. We encourage you to review it before using the Web
Site.
The use of the Web Site is
considered your consent to collect and use any information submitted to
Ambient as
described below.
You may be assured that
Ambient will not
share any private
information that personally identifies you
with any third party, unless Ambient has your consent.
Any other
communication or information you transmit to the Web Site by electronic
mail or form submission will be treated as non-confidential and
nonproprietary. You hereby
grant Ambient a perpetual, royalty-free, non-exclusive
license in any
copyright material you transmit to Ambient. Any such information
may be used by Ambient for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast, and
posting. In addition, Ambient is free to use any ideas or concepts
derived from communication you send to the Web Site,
for any purpose, including but not limited to, developing,
manufacturing and marketing without compensation to you.
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INDEMNIFICATION.
You agree
to
defend, indemnify
and hold harmless Ambient and its respective
directors, officers, employees and agents from and against all claims,
losses, damages, liabilities and costs (including but not limited to
reasonable attorneys' fees and court costs), arising out of or relating
to your breach of these Terms and Conditions or from your access and
use of the Web Site. The
foregoing indemnification obligation shall survive termination of these
Terms and Conditions as well as this Web Site.
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INTERNATIONAL
RAMIFICATIONS.
Web Site information may
refer to
products,
programs or services that
are available in the United States and not in other
countries. Ambient makes no representation that this Web Site or any
published
information are lawful, appropriate or available for use by anyone
outside of the United States.
If you attempt to access, use
or
download any information on this Web Site from other countries, you do
so at your own risk. You are
responsible for complying with the laws of your respective
countries.
You may
not use this Web Site or export information in violation of the export
or other
laws, regulations,
executive orders, decrees, legal enactments or other requirements
of
the United States or any other country. If you access this Web Site
from
locations outside of the United States, you are responsible for
the compliance with all applicable laws.
COPYRIGHT
NOTICE.
©
2005
Ambient Healthcare, Inc.
All rights reserved.
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MISCELLANEOUS.
These
Terms
and Conditions constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties
with respect to such subject matter. No waiver by us of any breach or
default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. If any provision of these statements
prove
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from the Terms and Conditions and shall not
affect the
validity and enforceability of any other Term and Condition provision.
Access or use of the Web Site
shall
not be construed as purposeful availment of a privilege or benefit of
doing business in
any state or legal jurisdiction other than the State of Florida. By
utilizing this Web Site, you agree that all matters relating to your
access, use or purchase of any products or services
through the Web Site shall be governed by the laws of the State of
Florida (without regard to any conflict of law provisions). That any
legal
action or proceeding between you and Ambient shall be filed
only in a federal or state court of competent
jurisdiction located in Broward County, Florida, and you hereby consent
and submit to the jurisdiction of such courts for the purposes
of litigating such action.
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PRIVACY
PRACTICE NOTICE
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 AS IT PERTAINS TO ASPECTS OF
HIPAA COMPLIANCE.
This Notice of Privacy Practices describes how your protected health
information may be used and disclosed by Ambient to carry
out treatment,
payment or healthcare operations and for other purposes that are
permitted or required by law. It also describes your rights to access
and control of your protected health information. “Protected Health
Information” is information about you, including demographic
information, that may identify you and that relates to your past,
present or future physical or mental health or condition and related
healthcare services. Ambient is required by law to maintain the privacy
of protected health information and to provide you with this notice of
our legal duties and privacy practices with respect to protected health
information.
1. TREATMENT,
PAYMENT
AND HEALTHCARE OPERATIONS:
Because Ambient provides you with healthcare services, Ambient is
permitted to
use and disclose your protected health information for treatment,
payment and healthcare operations.
- Treatment: Your protected health
information may be used by Ambient and released to other healthcare
professionals to provide, coordinate or manage your healthcare and any
related services.
- Payment: Your protected health information may
be
used by Ambient and released to your health plan or health insurer so
that Ambient may receive payment for providing you with needed
healthcare
services.
Healthcare Operations: Your protected health
information may be used by Ambient and released in order to support
Ambient's
business activities, which include certain legal, administrative,
financial and performance improvement activities.
- Ambient may also share your protected health
information
to third party business associates if Ambient has a written agreement,
which requires them to maintain the privacy of your protected health
information consistent with this disclosure.
- Ambient may contact you to schedule or remind you
of
appointments or deliveries and provide you with information about
healthcare treatment options or other health services that may be of
interest to you.
2. WRITTEN
AUTHORIZATION REQUIRED:
Unless the disclosure is otherwise permitted or required by law, as
subsequently described, Ambient will ask you for a written
authorization or
permission from your legal representative to use or disclose your
protected health information. You have
the right to revoke such authorization in writing, at any time, except
when we have acted in reliance to a previous authorization. You should
understand that Ambient will not be able to take back any disclosures
we
have already made with your authorization.
3. CIRCUMSTANCES
REQUIRING AGREEMENT OR OBJECTION: Ambient may disclose
your protected
health information with your advance notification and verbal consent
as described hereto. In the event you are not present or
unable to agree or object to the release of your protected health
information, Ambient may use professional judgment in releasing your
protected health information as deemed in the best interest of your
health.
Your protected health
information
may be released to a member
of your family, a relative, a close friend or any other person you
identify. Ambient may use or disclose protected health information to
notify
or assist in notifying a family member, personal representative or
other person that is responsible for your care, condition or death. The
information released would be directly
related to that person’s involvement with your healthcare.
4. CIRCUMSTANCES
WITHOUT AUTHORIZATION OR OBJECTION: Ambient may
use or disclose your protected health information without your written
permission or objection, where permitted or required by
law as described below.
- Required By Law: Your protected health
information
may be used or released as required by law. The use or disclosure will
be made in compliance with the law and will be limited to the relevant
requirements of the law. You will be notified, as required by law, of
any such situations.
- Public Health: Your protected health
information may
be released to a public health organization, which is permitted by law
to collect information to control disease, injury infection or
disability.
- Federal Organization: Your protected health
information may be released to a Federal organization or company who is
required to report to a Federal agency about adverse events,
product defects, problems or biologic deviations.
- Communicable Disease: Your protected health
information may be released, if authorized by law, to a person who may
have been exposed to a communicable disease or may otherwise be at risk
of contracting or spreading the disease or condition.
- Abuse or Neglect: Your protected health
information
may be released to public or law enforcement officials in the event we
believe that you are a victim of abuse, neglect or domestic violence.
In this case, the disclosure will be made as required by Federal and
State laws.
- Health Oversight: Your protected health
information
may be released to a health oversight agency for activities authorized
by law. These activities may include audits, investigations and
inspections. Oversight agencies seeking this information include
government agencies that oversee the healthcare system, government
benefit programs, other government regulatory programs and civil rights
laws.
- Legal Proceedings: Your protected health
information
may be released in any judicial or administrative proceeding as may be
authorized by a court order. It may also be in response
to a subpoena or other lawful process.
- Law Enforcement: Your protected health
information
may be released, so long as applicable legal requirements are met, for
law enforcement purposes. These law enforcement purposes include: (1)
legal processes and otherwise required by law, (2) limited information
requests for identification and location purposes, (3) victims of a
crime, (4) suspicion that death is a result
of criminal conduct, (5) a crime occurs on our
premises and (6) medical emergency where it is likely that a crime has
occurred.
- Criminal Activity: Consistent with applicable
Federal and State laws, Ambient may release your protected health
information if Ambient believes the use or disclosure is necessary to
prevent or lessen a serious and imminent threat to the health or safety
of a person or the public. Ambient may also release protected health
information if it is necessary for law enforcement authorities to
identify or apprehend an individual.
- Military Activity and National Security: When
the
appropriate conditions apply, Ambient may release the protected health
information of Armed Forces personnel: (1) for activities required by
military command authorities; (2) for the Department of Veterans
Affairs to determine your eligibility for benefits and (3) to foreign
military authority if you are a member of that foreign military
services. Ambient may also disclose your protected health information
to
authorized Federal officials for conducting national security and
intelligence activities, including the provision of protective services
to the President or other persons legally authorized.
- Inmates: Your protected health information may
be
released if you are an inmate of a correctional facility when Ambient
created or received your protected health information during the course
of
providing you care.
- Workers’
Compensation: Your protected health
information associated with a work related illness or injury may be
released to your employer to comply with workers’ compensation laws and
other similar programs.
5. PERSONAL
RIGHTS:
The following is a
statement of your rights with respect to your protected health
information and a brief description of how you may exercise these
rights.
- Restriction on Use and Disclosure: You have
the right to request a restriction or limitation on protected health
information Ambient uses or discloses about you for treatment, payment
or
healthcare operations, or that Ambient discloses to someone who may be
involved in your care or payment for your care. While Ambient will
consider
your request, Ambient is not required to
agree to it. If Ambient does agree to it, Ambient will comply with your
request,
unless your protected health information is needed to provide emergency
treatment. To request a restriction, you must complete the Ambient
Restriction of Patient Information Consent Form and tell Ambient the
specific restriction requested and to whom you want the restriction to
apply. Ambient will not agree to restrictions on protected health
information uses and disclosures that are legally required or which are
necessary to administer our services.
- Review of Medical Record: You have the right
to
inspect and copy your protected health information that Ambient
maintains
about you. To inspect and copy your protected health information, you
must submit your request in writing to the Branch Manager. To receive a
copy of your protected health information, you may incur a charge for
the cost of copying, mailing or other supplies associated with your
request. Under Federal law, certain types of protected health
information will not be made available for inspection or copying:
psychotherapy notes, information compiled for a civil, criminal or
administrative proceeding
and protected health information that may be prohibited from
access by law. In very limited circumstances, Ambient may deny your
request
to inspect and obtain a copy of your protected health information. If
this occurs, you may request that the denial be reviewed. The review
will be
conducted by an individual chosen by us who was not involved in the
original decision to deny your request. Ambient will comply with the
outcome
of that review.
- Confidential Communication: In order to avoid
the
risk of unwanted disclosures, you have the right to request that we
communicate with you about your healthcare by alternative means or at
an alternative location. Please make this request in writing to the
Branch Manager. Ambient will attempt to accommodate all reasonable
requests.
- Medical Record Changes:
You have the right to request changes to your medical record as
long as Ambient maintains this information. You must provide your
request and
the reason for your request to the Branch
Manager in writing. In certain cases, Ambient may deny your request for
a
change. If we
deny your request for a change, you have the right to file a statement
of disagreement. Ambient may prepare a rebuttal to your statement,
and we will provide you with a copy of any rebuttal.
- List of Disclosures:
You have the right to request a list of the disclosures we have made of
your protected health information and the purpose of the disclosures.
This right EXCLUDES disclosures made: (1) for treatment, payment or
healthcare operations, (2) you personally, (3) family members or
friends
involved in your care, (4) notification purposes, (5) national
security reasons or (6) law enforcement disclosures.
- Copy of Notice: You have the right to obtain a
paper
copy of this Notice from Ambient upon request.
- Compliance With Notice: Ambient agrees to the
terms
of
this notice. Ambient reserves the right to make changes to this notice
at
any time. Ambient reserves the right to make these retroactively
effective on protected health information Ambient already has about
you.
Furthermore, revisions
will apply to any protected health information Ambient receives in the
future.
Upon written request, you will receive a revised copy of this notice.
6. COMPLAINTS OR
QUESTIONS: You have
the right to complain to Ambient or the Secretary of the Department of
Health and Human Services if you believe Ambient has violated your
right to
privacy. All complaints will be investigated. You will not be penalized
for filing a complaint with our company. Please direct your complaint
or questions:
Ambient
Healthcare
Privacy Review
Director, Performance Improvement
11820 NW 37th Street
Coral Springs, FL 33065
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This notice is effective as of October 1, 2005
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