Notice of Privacy Practices and Terms of Use

HIPAA Notice of Privacy Practices

Your Information. Your Rights. Our Responsibilities.

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.

Your Rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

Get an electronic or paper copy of your medical record

  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
  • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

  • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
  • We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

  • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • We will say “yes” to all reasonable requests.

 Ask us to limit what we use or share

  • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.

Get a list of those with whom we’ve shared information

  • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
  • We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

  • You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you 

  • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
  • We will make sure the person has this authority and can act for you before we take any action.

 File a complaint if you feel your rights are violated

  • You can complain if you feel we have violated your rights by contacting Crystal Brown, Vice President at 800-223-9310.
  • You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
  • We will not retaliate against you for filing a complaint.

Your Choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

  • Share information with your family, close friends, or others involved in your care
  • Share information in a disaster relief situation
  • Include your information in a hospital directory

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

  • Marketing purposes
  • Sale of your information
  • Most sharing of psychotherapy notes

In the case of fundraising:

  • We may contact you for fundraising efforts, but you can tell us not to contact you again

Our Uses and Disclosures

How do we typically use or share your health information?

We typically use or share your health information in the following ways.

Treat you

We can use your health information and share it with other professionals who are treating you.

Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Run our organization

We can use and share your health information to run our practice, improve your care, and contact you when necessary.

Example: We use health information about you to manage your treatment and services.

Bill for your services

We can use and share your health information to bill and get payment from health plans or other entities.

Example: We give information about you to your health insurance plan so it will pay for your services.

How else can we use or share your health information?

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues

We can share health information about you for certain situations such as:

  • Preventing disease
  • Helping with product recalls
  • Reporting adverse reactions to medications
  • Reporting suspected abuse, neglect, or domestic violence
  • Preventing or reducing a serious threat to anyone’s health or safety

Do research

We can use or share your information for health research.

Comply with the law

We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Respond to organ and tissue donation requests

We can share health information about you with organ procurement organizations.

Work with a medical examiner or funeral director

We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers’ compensation, law enforcement, and other government requests

We can use or share health information about you:

  • For workers’ compensation claims
  • For law enforcement purposes or with a law enforcement official
  • With health oversight agencies for activities authorized by law
  • For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

We can share health information about you in response to a court or administrative order, or in response to a subpoena.

We never market or sell personal information.

Our Responsibilities

  • We are required by law to maintain the privacy and security of your protected health information.
  • We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
  • We must follow the duties and privacy practices described in this notice and give you a copy of it.
  • We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

Changes to the Terms of this Notice

We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our web site.

ed. 04/2017

Online Privacy Policy

This Privacy Policy is provided to explain the kind of information Austin Medical Products, Inc. may collect while you visit us online, whether through our websites, including www.ampatch.com, or through other websites or online applications, blogs, social networks, or other online or wireless means via computer, mobile device, or other technology (“Austin Medical Products Sites” or “Sites”), and how Austin Medical Products, Inc. maintains and uses that information. By using the Austin Medical Products Sites, you are agreeing to the terms of Austin Medical Products, Inc.’s Privacy Policy. Please be aware that some individual Austin Medical Products Sites may have their own or additional privacy policies and terms of use, which you should review before using such site, including the Terms of Use available on this page. Some of the information we keep on our server is information that you volunteer to provide through forms and some is collected automatically. Unless you volunteer to submit personal data yourself, Austin Medical Products, Inc. will not collect any personal information.

Personal Information You Choose to Provide

In General. While Austin Medical Products, Inc. does not generally require that you provide us with personally identifiable information in order to visit and use the Austin Medical Products Sites, in order to purchase products, we may enable you to provide or post personal information about yourself, including information that could reasonably be used to contact you or to identify you personally, such as first and last name, email address, mailing address, fax number, telephone number, and hospital/facility information (collectively, “Personal Information”). If you choose not to provide Personal Information or other information to us, you may not be able to participate in certain functionalities of the Austin Medical Products Sites. If we combine any demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. Individuals Under 13 Years of Age. The Austin Medical Products Sites are open to all individuals. We do not knowingly collect or permit the collection, storage or use of any Personal Information from anyone under 13. If you are a parent or guardian who knows or has discovered that your child under the age of 13 has submitted Personal Information or other information without your permission, upon request, we will promptly: (a) provide direct notice to you indicating what, if any, Personal Information of your child has been collected and how it has been used and/or disclosed; (b) remove your child’s Personal Information or other information from our database, cease the use of such information and direct any other party with access to such information to do the same; and (c) notify you of our compliance with the above. Consent to Processing. The Austin Medical Products Sites are administered from in the United States and the Sites may be replicated to various locations around the world to offer better performance to you. If you are located in the European Union or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Sites, or providing us with any information, you understand and expressly consent to this transfer, processing and storage of your information in the United States, where privacy laws may not necessarily be as comprehensive as those in your country.

Social Network Applications

Functionality on the Austin Medical Products Sites may permit interactions between the Sites and third-party websites, enabling you to “like,” “share,” or otherwise post content to third-party websites or applications. If you choose to do so, shared information (including any Personal Information) may become public, including being visible on the Sites. The third-party social network websites or applications may allow us to collect and share (or the third party to share) information about you, including Personal Information. We may also receive information about you if other users of social network websites give us access to profiles and you are a “friend” or other connection, or if information about you is otherwise accessible through your social network or interactive webpage or application.

Information Automatically Collected and Stored

During your visit, Austin Medical Products, Inc. automatically collects and stores the domain and host from which you access the internet, the internet address of the website from which you linked directly to the Austin Medical Products Sites (if applicable), the date and time you arrived at the Austin Medical Products Sites, how long you spent on the site, which pages you visited, your internet protocol (IP) address, the location of any device used to access the Austin Medical Products Sites, and your computer’s operating system and browser software.

Cookies and Other Tracking Technologies

The technologies used on the Austin Medical Products Sites to collect Use Information, including Device Identification, may include: “Cookies” (which may be html files, Flash files or other technology) are small text files that help store user preferences and activity. A Cookie is placed on a Device when it is used to visit the Sites or otherwise access our online offerings. Cookies may be used for many purposes, such as remembering you and your preferences, tracking your visits to our webpages and customizing your Site experience. If you choose to disable cookies on your Device, some features of the Sites or our online offerings may not function properly. “Sessions” are semi-permanent interactive information interchanges between two or more communicating devices. A session is established and later taken down. An established session may involve more than one message in each direction. A session is typically, but not always, stateful, meaning that at least one of the communicating parts needs to save information about the session history in order to be able to communicate. A session is the basic requirement to perform connection-oriented communications. An HTTP exchange between a browser and a remote host may include an HTTP cookie, which identifies state, such as a unique session ID, information about the user’s preferences or authorization level. “Web beacons” (also known as image tags, pixel tags, GIFS or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Austin Medical Products Sites, to monitor how users navigate the Sites, to count how many sent emails were actually opened or to determine whether content sent was actually viewed. An embedded script is programming code that is designed to collect information about your interactions with the Austin Medical Products Sites, such as the links you click on. The code is temporarily downloaded onto your Device from our server or a third-party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.

Security

Austin Medical Products, Inc. uses commercially reasonable safeguards to help secure and protect your Personal Information. However, no transmission or storage of information can be guaranteed to be absolutely private and secure. Austin Medical Products, Inc. does not ensure the security of any information you transmit to us, and your use of the Sites and provision of information to us is at your risk.

Use of the Information You Provide

Austin Medical Products, Inc. will use your personal information for the purpose for which you provided it and related administrative purposes. For example, our use of such personal information may include responding to your requests, developing records of you, your purchase or interest in our products, contacting you with information that might be of interest to you (including information about products of ours and others), improving your experience on the Austin Medical Products Sites, providing you with support and answering questions or other requests, enforcing this Privacy Policy and the Terms of Use of the Austin Medical Products Sites, protecting our rights and property, and complying with a law or regulation, including responding to government investigations, validly issued subpoenas, and court orders. Your submission orders for product are governed by this Privacy Policy, the Terms of Use, and (as applicable) by other agreements, policies, and terms and conditions. Our use of the information you provide for these purposes is subject to those agreements, policies, and terms and conditions. In the ordinary course of business, we may share some personal information with third-party companies that we hire to perform services or functions on our behalf and consistent with this Privacy Policy. Such services might include providing content, fulfilling your requests, improving our products, content, services or advertising, or otherwise performing services for Austin Medical Products, Inc.. Additionally, we may share your information in order to host or operate the Sites, for data analysis and for administrative purposes. In such cases, we share the minimum amount of information reasonably necessary for the third party to complete its function. In all cases, we will not authorize them to keep, disclose, or use your information except for the purpose of providing the services for which they have been contracted. Austin Medical Products, Inc. will not otherwise sell, rent, publish or exchange your personally identifiable information to any other organization or entity unless you are first notified and expressly agree to it, or as otherwise required by law. Austin Medical Products, Inc. or any of its assets, including the Austin Medical Products Sites, may be sold, or other transactions may occur in which your Personal Information is one of the assets in the transaction. As a result Austin Medical Products, Inc. reserves the right to disclose and transfer user information, including Personal Information, in connection with any significant corporate event, such as a merger, sale, dissolution, or acquisition, in which such information is one of the business assets transferred. We may transfer and disclose information, including your Personal Information, Use Information, and Device Identification (including IP address), to third parties: (i) when we believe that the law requires it; (ii) at the request of governmental authorities conducting an investigation; (iii) to enforce the Terms of Use or other applicable policies; (iv) to respond to an emergency; (v) to protect the rights, property, or safety of the visitors to the Sites or others; or (vi) to identify users in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies. These transfers and disclosures may be done with or without notice to you.

Opting Out of Email

If you provide us with your email address, we may send you emails regarding Austin Medical Products, Inc. or the products we offer. You can choose to opt out of receiving email from Austin Medical Products, Inc. at any time. If you wish to opt out with respect to more than one email address, you must provide a separate request for each email address. Every email sent from Austin Medical Products, Inc. will include appropriate unsubscribe instructions. To opt out of all email marketing messages from us, you must follow the instructions provided with each email.

Links to Other Sites

The Austin Medical Products Sites may contain links to other websites. Site content or widgets may be included on websites of third parties. These other websites may send their own cookies to you, and they may independently collect data or Personal Information. A link or other connection from the Austin Medical Products Sites to any other website does not indicate that Austin Medical Products, Inc. endorses or recommends that website. Austin Medical Products, Inc. provides such links and connections for your convenience. These other sites are neither controlled by Austin Medical Products, Inc. nor subject to the terms of this Privacy Policy. Austin Medical Products, Inc. is not responsible for any of the content of, or information collected by, those sites. We encourage you to read the privacy statements of all such sites you may visit.

Notice to California Residents

California Privacy Rights: If you are a California resident, you have the right to receive: (a) information identifying any third party(ies) to whom Austin Medical Products, Inc. may have disclosed, within the preceding calendar year, your personal information for that third party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. To obtain such information free of charge, please write to us at Austin Medical Products, Inc., PO Box 1830, Conway, NH 03818, Attn: California Privacy, or submit your request to info@ampatch.com. Austin Medical Products, Inc. will respond to these requests within thirty (30) days. Requests that come to Austin Medical Products, Inc. by other means may receive a delayed response.

Changes to this Privacy Policy

Austin Medical Products, Inc. may at any time update this Privacy Policy. We will provide notice about significant changes by either sending a notice to the primary email address we have on file for you or by placing a prominent notice on the Privacy Policy webpage. Any changes become effective immediately upon posting. Your continued use of the Austin Medical Products Sites after any changes to the Privacy Policy are made will constitute your agreement to be bound by those changes.

Ed. 11/17

Terms of Use

Our websites, including www.ampatch.com and other Austin Medical Products, Inc. websites, online applications, blogs, social network sites, or other online or wireless sites, accessed via computer, mobile device, or other technology (“Austin Medical Products, Inc. Sites” or “Sites”) are published and maintained by Austin Medical Products, Inc.. When you enter any of the Sites, that site may have its own terms and conditions of use which are specific to it. When you access, browse, or use the Sites, you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth on any of the Sites. The terms “we” and “us” refer to Austin Medical Products, Inc., and the terms “you” or “your” refers to the user or viewer of the Sites.

Your Right to Use the Sites and Its Content

The Sites are only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from the Sites, including, but not limited to, any text, images, audio, and video for any business, commercial or public purpose. You must comply with all applicable laws, statutes, regulations, and treaties in your use and access of the Sites. As long as you comply with the Terms of Use, Austin Medical Products, Inc. grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Sites.

You agree not to do any of the following: (i) interrupt or attempt to interrupt the operation of the Sites in any way, (ii) create derivative works of any Content, (iii) use any Content in a manner that may infringe or misappropriate the intellectual property rights of us or a third party, (iv) remove, change, or obscure any copyright or other proprietary notice contained on the Sites, (v) remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine architecture, and (vi) export the Sites, any portion thereof, or any technology contained therein, in violation of the export control laws of the United States. Austin Medical Products, Inc. reserves the right to investigate complaints or reported violations of the Terms of Use and take any action it deems appropriate, including, but not limited to, reporting activity to law enforcement and regulators, and disclosing information necessary or appropriate to such entities relating to you and your use of the Sites.

1. INTELLECTUAL PROPERTY AND USE OF CONTENT

Content. The Sites and all of the content included thereon, including, but not limited to, any information, data, text, organization, graphics, logos, button icons, images, pictures, audio, video, and software, and compilation, translation or conversion thereof (the “Content”), is the property of Austin Medical Products, Inc., our strategic partners or suppliers, or content providers and is protected by copyright laws and international conventions. The Content is a collective work protected by United States copyright laws. Any other use of this Content, including modification, transmission, presentation, distribution, or republication, except as expressly granted in the Terms of Use, is prohibited without the prior written consent of Austin Medical Products, Inc.. You agree to follow all instructions on the Sites limiting the way you may use Content.

Trademarks. All trademarks, trade names, logos, product names, and service marks of Austin Medical Products, Inc. found on the Sites, whether registered or unregistered, are the property of Austin Medical Products, Inc. and are protected by United States trademark laws. All other trademarks, trade names, logos, product names, and service marks contained on the Sites are the property of their respective owners. Austin Medical Products, Inc. trademarks can be found here. Except as expressly granted in the Terms of Use or with Austin Medical Products, Inc.’s specific written consent, any use of these proprietary materials is prohibited. If you download any Content, you may not remove any copyright or trademark notices or other notices that go with it. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Patents. All patents issued to and patent applications filed by Austin Medical Products, Inc. are the property of Austin Medical Products, Inc. and are protected by United States and foreign patent laws. Any use of these patented or patentable assets is prohibited without the specific prior written consent of Austin Medical Products, Inc..

Limited License. Subject to the Terms of Use, Austin Medical Products, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access, use, display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on Austin Medical Products, Inc.’s Sites or otherwise known to you, download one copy of the material from the Sites, solely for your internal, personal, non-commercial use (“Limited License”). This Limited License is non-exclusive and non-transferable. You agree that the Limited License may be updated or changed from time to time for any reason, and you agree to be bound by any such revisions. This Limited License does not include any rights to Austin Medical Products, Inc.’s patents, patent applications, trade secrets, or similar proprietary material.

Termination of the Limited License. If you violate any of the Terms of Use, your permission to use the Content of the Sites automatically will terminate, and you immediately must destroy any copies you have made of any Content. In addition, the Limited License may be terminated at any time and for any reason or for no reason, without cause or notice. Austin Medical Products, Inc. reserves the right to revoke the Limited License if you fail to comply with quality control measures, which Austin Medical Products, Inc. may promulgate and communicate to you from time to time.

Injunctive Relief. You agree that in the event of a breach of Section 1 of the Terms of Use, Austin Medical Products, Inc. shall not have an adequate remedy at law, including monetary damages, and that Austin Medical Products, Inc. shall consequently be entitled to seek any injunctive or other form of equitable relief without the posting of a bond, in addition to any and all remedies to which Austin Medical Products, Inc. shall be entitled.

2. DISCLAIMERS

General Disclaimers. YOUR USE OF THE SITES IS AT YOUR OWN RISK. ALL SERVICES, INFORMATION, PRODUCTS, AND MATERIALS OBTAINED THROUGH THE SITES INCLUDING ALL CONTENT, LINKS, AND “COOKIES,” ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AUSTIN MEDICAL PRODUCTS, INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITES, CONTENT, PRODUCTS, SERVICES, AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF PRODUCTS OR SERVICES AND THE ACCURACY OF THE CONTENT. AUSTIN MEDICAL PRODUCTS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE SITES AND ACCESS TO THE SITES ARE FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITES.

AUSTIN MEDICAL PRODUCTS, INC.’S PRODUCTS ARE ONLY SUBJECT TO A SEPARATE WRITTEN WARRANTY, IF ANY, ACCOMPANYING THOSE PRODUCTS. AUSTIN MEDICAL PRODUCTS, INC. MAKES NO REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS WITH RESPECT TO ANY TREATMENT OR ACTION WITH RESPECT TO THE APPROPRIATENESS OF ANY MEDICAL DEVICES OR PROCEDURES ABOUT WHICH INFORMATION OR CONTENT IS PROVIDED WITHIN OR THROUGH THE SITES.

Disclaimer of Medical Liability. AUSTIN MEDICAL PRODUCTS, INC. DOES NOT PROVIDE MEDICAL ADVICE. The contents of the Sites are for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided on the Sites is solely at your own risk. Individual medical needs are very different; you should not assume that the information on the Sites concerning certain courses of treatment or outcomes will apply to you. Rather, you should evaluate your medical condition and make treatment decisions based upon consultation with your physician.

The contents of the Sites may be of interest to medical professions or other health care providers. Medical professionals and health care providers should exercise their own judgment in determining whether a particular product or procedure is appropriate for their practice or their patients.

Product and Service Availability. Austin Medical Products, Inc. frequently updates and improves its products. Austin Medical Products, Inc. may discontinue or modify products at any time. The Sites contain information about products that may not be available in all countries. Even if available, the governmental approval or market clearance received for a particular product in one country may be for a different use or indication, or subject to different restrictions, than in another country. Each country may have specific laws, regulations, and medical practices that govern the communication of information about medical products and other products over the internet. Nothing in the Terms of Use shall be construed as a solicitation for, or promotion of, any product or the use of any product that is not authorized by the laws and regulations of the country where you reside or access the Sites.

Product Orders. All orders of products placed by you with Austin Medical Products, Inc. are subject to acceptance by Austin Medical Products, Inc.. Austin Medical Products, Inc. may reject any order you place and/or to limit the quantities on any order. Your order shall not be deemed accepted by Austin Medical Products, Inc. until shipment of the products ordered. Your order submission shall represent your full acceptance of these Terms of Use. If you do not accept the Terms of Use, you should not submit an order.

Payment Terms. Unless otherwise indicated in writing to you, the full purchase price of products sold through the Sites will be billed at the time of shipment. Austin Medical Products, Inc. will debit cards upon shipment. Austin Medical Products, Inc. may change these payment terms without notice at its sole discretion.

Limitations of Liability. IN NO EVENT SHALL AUSTIN MEDICAL PRODUCTS, INC. OR ANY OF ITS AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND SUPPLIERS, OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR CONTRIBUTORY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THE SITES OR ANY PRODUCTS PURCHASED THEREON; (ii) THE DELAY OR INABILITY TO USE THIS WEBSITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEBSITE; (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES; AND/OR (v) DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY. THIS PARAGRAPH SHALL APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL AUSTIN MEDICAL PRODUCTS, INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

IN NO EVENT IS AUSTIN MEDICAL PRODUCTS, INC. LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS. AUSTIN MEDICAL PRODUCTS, INC. IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THE SITES OR ASSOCIATED SERVICES. AUSTIN MEDICAL PRODUCTS, INC. IS NOT LIABLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES OR USERS, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

3. INDEMNITY

You agree to defend, indemnify, and hold Austin Medical Products, Inc., its officers, directors, employees, agents, licensors, licensees, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, costs, and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms of Use or the representations and warranties therein, or relating to or arising from your use of the Sites (including providing content for the Sites), and any content, products, or services obtained on or through the Sites. You shall cooperate as fully as reasonably required in Austin Medical Products, Inc.’s defense of any such claim. Austin Medical Products, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Austin Medical Products, Inc..

4. LINKS TO AND FROM OTHER WEB SITES

Austin Medical Products, Inc.’s Sites may contain links, references to, or other method of access to websites operated by third parties. Austin Medical Products, Inc. does not, either expressly or implicitly, endorse the content on such websites, the third party, or any association it may have with third parties. The links, if any, are provided for your convenience only. Austin Medical Products, Inc. has no control over such web sites, and does not review the content of those websites; therefore, Austin Medical Products, Inc. is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites. You acknowledge and agree that Austin Medical Products, Inc. is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services, or other material available on or through any such website. Austin Medical Products, Inc. disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Austin Medical Products, Inc. encourages you to link to our home page at www.ampatch.com, for non-commercial purposes only and only for the convenience of visitors to your own website, provided you notify us in writing to info@ampatch.com. We may provide you with the HTML linking code needed to create such a link. You shall discontinue any links immediately at the request of Austin Medical Products, Inc.. You do not have permission to link to any other portion of our Sites. Deep linking into the various areas of our Sites or framing of any of our Sites’ pages without our prior written permission is a violation of the Terms of Use. Linking to Austin Medical Products, Inc.’s Sites is subject to the provisions of these Terms of Use regarding intellectual property and use of Content. You may not make any statement suggesting or implying in connection with any link to our Sites that Austin Medical Products, Inc. has in any way endorsed, approved, or sponsored your own web site, content thereon, or any products, services, or other material. In addition, the use of robot, spider, other automatic device, or manual process to monitor or copy our Sites or Content or for any other unauthorized purpose without our prior express written permission is also in violation of the Terms of Use.

5. CONTENT AND USER MATERIALS

Austin Medical Products, Inc.’s Right to Change the Terms of Use or Content. Austin Medical Products, Inc. may amend the Terms of Use at any time, without notice. Any changes to the Terms of Use or any terms and conditions posted on the Sites apply upon posting without specific notice to you. By continuing to use the Sites after changes are posted, you are accepting those changes. Austin Medical Products, Inc. may add, remove, change, permanently or temporarily, any Content posted or services provided by the Sites, at any time, without notice and without liability.

User’s Material. The Sites may have areas which allow users to upload and/or download materials or otherwise communicate. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through the Sites, any materials that (1) interfere with anyone else’s use of the Sites or the privacy of any other user; (2) are defamatory, libelous, abusive, illegal, indecent, obscene, offensive, threatening, or otherwise unlawful; (3) encourage conduct that could be considered a criminal offense or otherwise violate the law; (4) violate anyone’s copyright or other intellectual property right; (5) contain a virus or any other harmful material; (6) contain false or misleading statements; or (7) contain any third party’s personal information, including, but not limited to, first and last name, email address, mailing address, fax number, or telephone number.

From time to time, Austin Medical Products, Inc. may monitor or review any content posted or submitted to the Sites. However, you understand and agree that Austin Medical Products, Inc. is not obligated to do so and assumes no liability or responsibility arising from the contents of any such communications. Austin Medical Products, Inc. may change, edit, or remove any user material that in its opinion violates the Terms of Use or any other Austin Medical Products, Inc. policies. Austin Medical Products, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Austin Medical Products, Inc. to disclose the identity of anyone posting such materials.

Austin Medical Products, Inc.’s Rights to User Supplied Material. Unless otherwise specified in writing by Austin Medical Products, Inc., if you send any information or materials to the Sites, all such information and materials are, and will be treated as, non-confidential and non- proprietary, and therefore, you are waiving any claim that any use by Austin Medical Products, Inc. of such material violates your rights, including privacy, intellectual property, publicity and any similar rights.

Any information or material submitted to the Sites by you may be modified, transmitted, presented, distributed, or published, copied, licensed, disclosed, sold, transmitted, or used by Austin Medical Products, Inc. for any purpose, worldwide, in any medium without compensation to you. Unless otherwise specified in writing by Austin Medical Products, Inc., Austin Medical Products, Inc. is free to use, without any compensation to you, any intellectual property, ideas, know-how, or techniques disclosed in any information or materials provided by you to the Sites for any purpose.

Transmissions. Internet transmissions are not 100% private or secure. You understand that any material or information you send to the Sites may be read or intercepted by others, unless there is a written notice that particular material or information is encrypted.

6. GENERAL LEGAL PROVISIONS

International Laws/Users. Austin Medical Products, Inc. is based in Center Conway, New Hampshire, USA. Austin Medical Products, Inc. makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access Austin Medical Products, Inc.’s Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Choice of Law and Forum. You expressly agree that exclusive jurisdiction for any dispute with Austin Medical Products, Inc., or in any way relating to your use of Austin Medical Products, Inc.’s Sites, resides in the courts of the State of New Hampshire, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire in connection with any such dispute including any claim involving Austin Medical Products, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. The Terms of Use shall be treated as though it were executed and performed in Carroll County, New Hampshire, and shall be governed by the laws of the State of New Hampshire, without respect to its conflict of laws principles.

Entire Agreement. Except as expressly provided in a particular “legal notice” on Austin Medical Products, Inc.’s Sites, the Terms of Use, the then-current Privacy Policy, and any other express terms provided by Austin Medical Products, Inc. on the Sites constitute the entire agreement between you and Austin Medical Products, Inc. with respect to the use of Austin Medical Products, Inc.’s Sites and Content. You also may be subject to additional terms and conditions that may apply when you use Austin Medical Products, Inc. products, affiliate services, third-party content, or third-party software. The language in the Terms of Use shall be interpreted as to its fair meaning and not be strictly construed for or against any party. To the extent that anything in the Contents is in conflict or is inconsistent with the Terms of Use, the Terms of Use shall take precedence.

The sale, purchase, and use of any of Austin Medical Products, Inc. products are subject to the terms and conditions, warranties, warranty disclaimers, and limitations of liability set forth in any separate written terms and conditions, user manuals, instructions for use, product catalogues, or similar documentation provided by Austin Medical Products, Inc..

The Terms of Use and all incorporated agreements may be assigned by Austin Medical Products, Inc. in the event of an acquisition, sale, merger or other disposition.

Disputes. Any cause of action you may have with respect to your use of the Sites must be commenced within one (1) year after the claim or cause of action arises, or be forever waived and barred. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms of Use shall continue in full force and effect. Austin Medical Products, Inc.’s failure or delay in enforcing its rights under the Terms of Use shall not be deemed a waiver of such rights.

Thank you for your cooperation. We hope you find Austin Medical Products, Inc.’s Sites helpful and convenient to use. Questions or comments regarding the Sites should be directed by email to info@ampatch.com, by telephone to (603) 356-7400, or by mail to Austin Medical Products, Inc., PO Box 1830, Conway, New Hampshire 03818.

ed. 10/17