The Sites and related services are not aimed at or intended for children under the age of 13. If you are under the age of 13, please DO NOT USE the Sites. Lincare does not accept registration from children under the age of 13 and no one under the age of 13 may provide any information to or through the Sites. If you are above the age of 13 and under the age of 18, you must obtain parental consent before using the Sites.
Copyrights and Trademarks
All content and materials on the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, user interfaces and software is the property of Lincare and/or third party licensors and protected by United States and international copyright laws. All trademarks, trade dress, service marks, logos, trade names and other source identifying designations, including combinations thereof, are proprietary to Lincare. The content and materials are intended for your personal, noncommercial use. You may make one copy of the materials displayed on the Sites for your personal, noncommercial use only. No right, title or interest in any content or materials is transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, decompile, disassemble, reverse engineer or otherwise attempt to derive any software or portion of the Sites, sell or distribute in any way the content and materials on the Sites.
Restrictions on Use
You agree to use the Sites and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using Sites and Lincare services. While using the Sites, you will not:
- Use any Site or App for the purpose or in any manner that violates any local, state, federal or foreign law or regulation, third party rights, including intellectual property rights, or Lincare’s policies;
- Be libelous, defamatory, harmful, harassing, threatening, misleading, or discriminatory;
- Affect us adversely or reflect negatively on the Sites, Lincare, our goodwill, name or reputation or any third party;
- Disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the App or other Site or the rights or use of the Sites by any other third party person or entity (“Person”), or collect, obtain, transmit, reproduce, delete, revise, display any material or information, whether personally identifiable or not, concerning any other Person, unless you have obtained the express, prior permission of such other Person.
Registration and Account Information
To use additional services offered through the Sites, a User may be required to register and create an account. To register and create an account, you must create login credentials (a username and password) and provide personal information and your patient ID number (“Registered Account”). As a registered User, you must maintain confidentiality of your login credentials and remain responsible for all activities that occur under your Registered Account. Should you become aware of or suspect any unauthorized use(s) of your Registered Account, you will immediately notify Lincare. You will ensure that you exit from your Registered Account at the end of each session when accessing the additional services.
Our Sites may contain information related to various medical conditions and treatments. Such information is provided for informational purposes only and is not meant to substitute the advice of a physician. You should not use this information for diagnosing or treating a health problem or disease. In order for you to make informed healthcare decisions, you should always consult with your physician for your personal medical needs. Lincare is not providing materials to you for the purpose of providing you medical advice and you should not rely on the materials in deciding on your medical treatment, drug usage, or any other medical advice regarding the materials. We encourage you to consult your physician in connection with any and all treatment options that may be available to you.
Accuracy of Information.
While Lincare strives to provide accurate information, we cannot guarantee that materials and information, available through the Sites will be accurate, timely or complete. You agree that Lincare is not responsible for any consequences arising from your reliance on the accuracy of any materials and information available through the Sites. No information or materials provided through the Sites is intended to provide medical advice. You should always consult with your physician or other qualified healthcare provider before starting or discontinuing any treatment.
LINKS AND SENDING CONTENT
Lincare or third parties may provide links to other websites or resources on the Internet through the Sites. Lincare has no control over such websites or resources. As such, you agree that we are not responsible for the availability of other external websites or resources and are not responsible for any content, advertising, products, or materials on or available from such websites or resources. You also agree that Lincare is not responsible for any tracking or targeted advertising that may occur as a result of your visiting or accessing such other websites. You access the other linked websites and resources at your own risk.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We welcome your comments and feedback regarding our Site and services. We do not, however, accept confidential or proprietary information. All comments, feedback, suggestions, ideas, materials, information and other submissions (e.g., postings to chat, boards, or contests), disclosed, submitted or offered to Lincare using this Sites or otherwise (collectively, “Submissions”) will be considered by Lincare as not confidential or proprietary to you or your source and will become and remain our property. Lincare shall not be liable for any use or disclosure of any Submissions. The disclosure of Submissions will constitute an assignment to Lincare of all rights, title and interest and goodwill in the Submissions without compensation to the provider of Submissions. Submissions by you must not violate any right of any third party, and not contain any libelous, abusive, obscene or otherwise unlawful material.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITES AND THE SERVICES ARE PROVIDED BY LINCARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LINCARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LINCARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. LINCARE IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INCORRECT INFORMATION POSTED ON THE SITES OR RESULTS OF YOUR USE OF THE INFORMATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
LINCARE USES REASONABLE EFFORTS TO MAINTAIN ITS SITES AND SERVICES BUT LINCARE IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE SITES, SERVICES, RELATED TECHNOLOGY, ANY PART THEREOF, ANY CONTENT POSTED USING THE SITES, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE SITES MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF LINCARE OR WHICH ARE NOT FORESEEABLE BY LINCARE.
NEITHER LINCARE NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITES. IN ANY EVENT, LINCARE’S AGGREGATE LIABILITY RELATING TO OR ARISING FROM YOUR USE OF THE ANY SITES MAY NOT EXCEED $10,000.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Unless otherwise specified, the Sites (including any related materials and services) are intended solely for Users residing in the United States. In accessing the Sites, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Certain software or other materials that you may obtain through the Sites may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations and you will not transfer, encourage, assist, or authorize the transfer of any software or materials to a prohibited country or otherwise in violation of any restriction, law or regulation.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that any of the Sites contain elements that infringe your copyrights, please provide Lincare with the following information in writing:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For additional information regarding this procedure, please reference 17 U.S.C. 512.
Limitation on Time to File
IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Arbitration on an Individual Basis Only; Class Arbitration Waiver.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Notwithstanding anything to the contrary, Lincare retains the right to seek injunctive relief if you use an App or Site in violation of the access rights, or the restrictions on use, infringe upon or misappropriate Lincare’s intellectual property rights, or breach your obligation to maintain confidentiality of Lincare’s confidential or proprietary information made available to you through a Site or App.
All data protection and privacy laws, principles, policies, and agreements are applicable to the country (and state where applicable) in which you are viewing and interacting with this website is located and all countries (and states where applicable) in which recipients and viewers of content and messages via this website are located, including but not limited to the CAN-SPAM Act 2003 and Canada's anti-spam legislation (CASL). Lincare's data protection policies give consideration to the application of the European Union General Data Protection Regulation 2016 (“GDPR) for the transmission and receipt of all data, and once applicable, the relevant member state laws or regulations giving effect to or corresponding with any of them for members of states of the European Union shall apply.
Lincare Holdings Inc.
c/o Legal Department
19387 U.S. 19 North
Clearwater, Florida 33764
DATE LAST MODIFIED