Signed in as:
Terms and Conditions
Welcome to Hutchison Enterprises, LLC and www.hutchisonmedical.com (the "Website")
Terms and Conditions.
YOUR USE OF THE WEBSITE OR HUTCHISON ENTERPRISES, LLC'S SERVICES (THE "SERVICES"), WHICH INCLUDE ACCESS TO ONLINE MEDICAL SERVICES AND PRODUCT SALES, IN ADDITION TO ANY USE OF HUTCHISON ENTERPRISES, LLC BY PHONE OR EMAIL, IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THIS DOCUMENT. BY ACCEPTING THIS AGREEMENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
BY PROVIDING YOUR EMAIL, YOU CONSENT TO RECEIVING HUTCHISON MEDICAL MARKETING EMAILS. YOU CAN OPT OUT AT ANY TIME.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Modification to Terms and Conditions
Please print and keep a copy of these Terms and Conditions. Hutchison Enterprises, LLC reserves the right to modify the Terms and Conditions periodically, for any reason, and without notice. The most current version of these Terms and Conditions can be accessed at any time by selecting the Terms and Conditions link at the bottom of the Website. Please review the Terms and Conditions often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our Website. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services.
Hutchison Enterprises, LLC has the right to limit, suspend, discontinue, or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms and Conditions as Hutchison Enterprises, LLC considers appropriate or necessary in its sole discretion, including but not limited to: (1) security reasons, (2) alleged or suspected breach of these Terms and Conditions, or (3) the protection of intellectual property.
Termination and Survival
Hutchison Enterprises, LLC may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms and Conditions, or the intellectual property protections applicable to these Services (Defined Below). Hutchison Enterprises, LLC may also seek legal prosecution of any violations of law or these Terms and Conditions and you agree to personal jurisdiction by the Courts in the State of South Carolina. Upon notice of termination of Services by Hutchison Enterprises, LLC to you via e-mail address provided in Customer's personal information, or voluntary termination of service by Customer, Hutchison Enterprises, LLC has the right to delete all data, files, or other information that are stored in the Customer's account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.
Governing Law, Jurisdiction, and Venue
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms and Conditions, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
The provisions of this Terms and conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
Notwithstanding anything herein to the contrary, Hutchison Enterprises, LLC shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
No Third Party Rights
Hutchison Enterprises, LLC may collect names, email and physical addresses as well as demographic information for purposes of marketing and internal customer data analysis. We will not share your information without your express consent and we do the utmost to protect your security by utilizing Secure Sockets Layer (SSL). You can review and change your information by accessing your online account through www.hutchisonmedical.com.
Notice of Privacy Practices
As required by the privacy regulations created as a result of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
This notice describes how health information about you (as a patient of this practice) may be used and disclosed and how you can get access to your individually identifiable health information.
Please review this notice carefully.
A. Our commitment to your privacy:
Our practice is dedicated to maintaining the privacy of your individually identifiable health information (also called protected health information, or PHI). In conducting our business, we will create records regarding you and the treatment and services we provide to you. We are required by law to maintain the confidentiality of health information that identifies you. We also are required by law to provide you with this notice of our legal duties and the privacy practices that we maintain in our practice concerning your PHI. By federal and state law, we must follow the terms of the Notice of Privacy Practices that we have in effect at the time.
We realize that these laws are complicated, but we must provide you with the following important information:
The terms of this notice apply to all records containing your PHI that are created or retained by our practice. We reserve the right to revise or amend this Notice of Privacy Practices. Any revision or amendment to this notice will be effective for all your records that our practice has created or maintained in the past, and for any of your records that we may create or maintain in the future. Our practice will post a copy of our current Notice on our website in a visible location at all times, and you may request a copy of our most current Notice at any time.
B. If you have questions about this Notice, please contact:
Customer service at Hutchison Enterprises, LLC.
C. We may use and disclose your PHI in the following ways:
The following categories describe the different ways in which we may use and disclose your PHI.
1. Treatment. Our practice may use your PHI to treat you. We might use your PHI in order to write a prescription for you, or we might disclose your PHI to a pharmacy when we order a prescription for you. Many of the people who work for our practice – including, but not limited to, our providers and their assistants – may use or disclose your PHI in order to treat you or to assist others in your treatment. Additionally, we may disclose your PHI to others who may assist in your care, such as your spouse, children, or parents. Finally, we may also disclose your PHI to other health care providers for purposes related to your treatment.
2. Payment. Our practice may use and disclose your PHI in order to bill and collect payment for the services and items you may receive from us. For example, we may use and disclose your PHI to obtain payment from third parties that may be responsible for such costs, such as family members. Also, we may use your PHI to bill you directly for services and items.
3. Health care operations. We may collection aggregate data about your health (in an anonymous manner) for statistical analysis, improvement of services, and customization of web design, content layout, and services. This includes internal administration and planning, as well as various activities that improve the quality and cost effectiveness of the care that we deliver to you. There are some services provided in our organization through contracts with business associates, who may gain access to PHI. Examples of business associates include telemedicine and electronic medical records platform providers, management consultants, quality assurance reviewers, shredding companies, and translation services. We may disclose your PHI to our business associates so that they can perform the job we have asked them to do in order to provide better health care services to you. To protect your PHI, we require our business associates to sign a contract stating that they will appropriately safeguard your PHI to HIPAA standards.
4. Appointment reminders. Our practice may use and disclose your PHI to contact you and remind you of an appointment.
5. Optional treatment options. Our practice may use and disclose your PHI to inform you of potential treatment options or alternatives.
6. Optional health-related benefits and services. Our practice may use and disclose your PHI to inform you of health-related benefits or services that may be of interest to you.
7. Optional release of information to family/friends. Our practice may release your PHI to a friend or family member who is involved in your care, or who assists in taking care of you.
8. Disclosures required by law. Our practice will use and disclose your PHI when we are required to do so by federal, state, or local law.
D. Use and disclosure of your PHI in certain special circumstances:
The following categories describe unique scenarios in which we may use or disclose your identifiable health information:
1. Public health risks. Our practice may disclose your PHI to public health authorities that are authorized by law to collect information with the purpose of:
Maintaining vital records, such as births and deaths,
Reporting child abuse or neglect,
Preventing or controlling disease, injury, or disability,
Notifying a person regarding potential exposure to a communicable disease,
Notifying a person regarding a potential risk for spreading or contracting a disease or condition,
Reporting reactions to drugs or problems with products or devices,
Notifying individuals if a product or device they may be using has been recalled,
Notifying appropriate government agency(ies) and authority(ies) regarding the potential abuse or neglect of an adult patient (including domestic violence); however, we will only disclose this information if the patient agrees or we are required or authorized by law to disclose this information,
Notifying your employer under limited circumstances related primarily to workplace injury or illness or medical surveillance.
2. Health oversight activities. Our practice may disclose your PHI to a health oversight agency for activities authorized by law. Oversight activities can include, for example, investigations, inspections, audits, surveys, licensure and disciplinary actions; civil, administrative, and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws and the health care system in general.
3. Lawsuits and similar proceedings. Our practice may use and disclose your PHI in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. We also may disclose your PHI in response to a discovery request, subpoena, or other lawful process by another party involved in the dispute, but only if we have made an effort to inform you of the request or to obtain an order protecting the information the party has requested.
4. Law enforcement. We may release PHI if asked to do so by a law enforcement official:
Regarding a crime victim in certain situations, if we are unable to obtain the person’s agreement,
Concerning a death we believe has resulted from criminal conduct,
Regarding criminal conduct at our offices,
In response to a warrant, summons, court order, subpoena, or similar legal process,
To identify/locate a suspect, material witness, fugitive, or missing person,
In an emergency, to report a crime (including the location or victim(s) of the crime, or the description, identify, or location of the perpetrator).
5. Optional deceased patients. Our practice may release PHI to a medical examiner or coroner to identify a deceased individual or to identify the cause of death. If necessary, we also may release information in order for funeral directors to perform their jobs.
6. Serious threat to health or safety. Our practice may use and disclose your PHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or to the public. Under these circumstances, we will only make disclosures to a person or organization able to help prevent the threat.
7. Military. Our practice may disclose your PHI if you are a member of U.S.or foreign military forces (including veterans) and if required by the appropriate authorities.
8. National security. Our practice may disclose your PHI to federal officials for intelligence and national security activities authorized by law. We also may disclose your PHI to federal and national security activities authorized by law. We also may disclose your PHI to federal officials in order to protect the president, other officials or foreign heads of state, or to conduct investigations.
9. Inmates. Our practice may disclose your PHI to correctional institutions or law enforcement officials if you are an inmate or under the custody of a law enforcement official. Disclosure for these purposes would be necessary: (a) for the institution to provide health care services to you, (b) for the safety and security of the institution, and/or (c) to protect your health and safety or the health and safety of other individuals.
10. Workers’ compensation. Our practice may release your PHI for workers’ compensation and similar programs.
E. Your rights regarding your PHI:
You have the following rights regarding the PHI that we maintain about you:
1. Confidential communications. You have the right to request that our practice communicate with you about your health and related issues in a particular manner or at a certain location. For instance, you may ask that we contact you at home, rather than work. In order to request a type of confidential communication, you must make a written request to customer service at Hutchison Enterprises, LLC specifying the requested method of contact, or the location where you wish to be contacted. Our practice will accommodate reasonable requests. You do not need to give the reason for your request.
2. Requesting restrictions. You have the right to request a restriction in our use or disclosure of your PHI for treatment, payment, or health care operations. Additionally, you have the right to request that we restrict our disclosure of your PHI to only certain individuals involved in your care or the payment for your care, such as family members and friends. We are not required to agree to your request; however, if we do agree, we are bound by our agreement except when otherwise required by law, in emergencies, or when the information is necessary to treat you. In order to request a restriction in our use or disclosure of your PHI, you must make your request in writing to customer service at Hutchison Enterprises, LLC. Your request must describe in a clear and concise fashion:
The information you wish restricted,
Whether you are requesting to limit our practice’s use, disclosure, or both,
To whom you want the limits to apply.
3. Inspections and copies. You have the right to inspect and obtain a copy of the PHI that may be used to make decisions about you, including patient medical records and billing records. You must submit your request in writing to customer service at Hutchison Enterprises, LLC in order to inspect and/or obtain a copy of your PHI. Our practice may charge a fee for the costs of copying, mailing, labor, and supplies associated with your request. Our practice may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial. Another licensed health care professional chosen by us will conduct reviews. As long as your account is in good standing, you may download your PHI stored in our electronic medical record system at any time.
4. Amendment. You may ask us to amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is kept by or for us practice. To request an amendment, your request must be made in writing and submitted to customer service at Hutchison Enterprises, LLC. You must provide us with a reason that supports your request for amendment. Our practice will deny your request if you fail to submit your request (and the reason supporting your request) in writing. Also, we may deny your request if you ask us to amend information that is in our opinion: (a) accurate and complete; (b) not part of the PHI kept by or for the practice; (c) not part of the PHI which you would be permitted to inspect and copy; or (d) not created by our practice, unless the individual or entity that created the information is not available to amend the information.
5. Accounting of disclosures. All of our patients have the right to request an “accounting of disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures our practice has made of your PHI for purposes not related to treatment, payment, or operations. Use of your PHI as part of the routine patient care in our practice is not required to be documented – for example, the physician assistant or nurse practitioner sharing information with the doctor or the billing department using your information to file your insurance claim. In order to obtain an accounting of disclosures, you must submit your request in writing to customer service at Hutchison Enterprises, LLC. All requests for an “accounting of disclosures” must state a time period, which may not be longer than six (6) years from the date of disclosure and may not include dates before April 14, 2003. The first list you request within a 12-month period is free of charge, but our practice may charge you for additional lists within the same 12-month period. Our practice will notify you of the costs involved with additional requests, and you may withdraw your request before you incur any costs.
6. Right to a paper copy of this notice. You are entitled to receive a paper copy of our notice of privacy practices. You may ask us to give you a copy of this notice at any time.
7. Right to file a complaint. If you believe your privacy rights have been violated, you may file a complaint with our practice or with the Secretary of the Department of Health and Human Services. To file a complaint with our practice, contact customer service at Hutchison Enterprises, LLC. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
8. Right to provide an authorization for other uses and disclosures. Our practice will obtain your written authorization for uses and disclosures that are not identified by this notice or permitted by applicable law. Any authorization you provide to us regarding the use and disclosure of your PHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose your PHI for the reasons described in the authorization. Please note: we are required to retain records of your care.
Use of Website
With the exception of your Electronic Medical Records, Hutchison Enterprises, LLC retains all right, title, and interest in and to Hutchison Enterprises, LLC, the Services, and any Information, products, documentation, software or other materials on the Website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Website licensed by Hutchison Enterprises, LLC, and in that case, the license provider retains all right, title and interest therein. The information available through the Website and the Services is the property of Hutchison Enterprises, LLC, or if licensed by Hutchison Enterprises, LLC, the license provider.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the federal and state courts located in South Carolina. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of Hutchison Enterprises, LLC. Nothing contained on the Website should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Website without the written grant thereof by Hutchison Enterprises, LLC or the third party owner of such trademarks, service marks and logos. The Website may contain other proprietary notices and copyright information, the terms of which you must agree to follow.
The Services are designed for and intended for users in the United States. Hutchison Enterprises, LLC makes no representation that the information and services provided on the Website or through the Services are applicable to, appropriate for, or available outside the United States. Accessing the Services from territories where the content is illegal is prohibited.
Information Resources (Opt-IN)
By subscribing to Hutchison Enterprises, LLC’s services you are agreeing to opt-in to the receipt of newsletters and other information regarding sleep-related topics, links to other related websites and specific questions related to your Hutchison Enterprises, LLC record. Additionally, Hutchison Enterprises, LLC makes available self-care informational services that provide medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Hutchison Enterprises, LLC. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by Hutchison Enterprises, LLC. Hutchison Enterprises, LLC makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. If you do not wish to receive such communications, you may opt-out at any time by contacting customer service at Hutchison Enterprises, LLC.
Limitations on Use
You will not use the Website or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of Hutchison Enterprises, LLC to impersonate another person or misrepresent authorization to act on behalf of others or Hutchison Enterprises, LLC. All messages transmitted via Hutchison Enterprises, LLC should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use their account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of Hutchison Enterprises, LLC, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Website or the Services. You will not use robots or scripts with the Website. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Website. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
You further agree that any information you provide or use on the Website, and your use of the Website or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
Hutchison Enterprises, LLC maintains the right to delete any information provided by you that it deems in its sole discretion to be fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. Postings that receive complaints from Website users will be removed until an appropriate investigation can take place. Hutchison Enterprises, LLC does not necessarily approve or endorse any statement made by third parties and posted on the Website. Users that violate Hutchison Enterprises, LLC's limitations on use may be subject to penalties to include loss of ability to post on the Website and Hutchison Enterprises, LLC's social media pages. Hutchison Enterprises, LLC is not responsible for the content that third parties post on its Website or social media channels.
Hutchison Enterprises, LLC reserves complete and sole discretion with respect to the operation of the Hutchison Enterprises, LLC Services. Hutchison Enterprises, LLC may, among other things withdraw, suspend or discontinue any functionality or feature of the Hutchison Enterprises, LLC Services. Hutchison Enterprises, LLC is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Hutchison Enterprises, LLC is not responsible for maintaining information arising from use of the Website or in respect of the Services. Hutchison Enterprises, LLC reserves the right to maintain, delete, or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.
Temporary Use License Granted
Only for the duration of being logged into your valid Hutchison Enterprises, LLC account, you are hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of these Terms and Conditions to use the Services solely for personal, noncommercial use. The Customer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Spam and Compliance with Anti-Spamming Laws
Hutchison Enterprises, LLC maintains compliance with the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) by giving you the option to opt-out of email marketing at any time.
CONDITIONS OF SALE
Unless otherwise noted, all products that are returnable require a 20% restocking fee. Customer must pay for return. Product must be in new condition. For example, no cracks, scratches, dirty or marked tires, or any indications of usage. Product must be returned in its original packaging. A Return Merchandise Authorization (RMA) must be requested from Hutchison Medical within 30 days of delivery of the product. Once an RMA has been received, products must be returned within 14 days. For infection control reasons, slings and TENS Units are non-returnable. Both of the non-returnable products have a Warranty provided (please see the Warranty on the individual pages). We disclaim any losses due to damage or breakage of product during return shipping. Shipping costs are not refundable and return shipping is not covered. We are unable to accept returns on international orders at this time.
Unless otherwise noted, all orders shipped to continental United States addresses will be free of charge to the customer, and will be shipped using USPS First Class, USPS Priority Mail or ground shipping.
Residents of Illinois will be subject to sales tax on the entirety of the non-service related items purchased. Residents of other states will be responsible for paying sales tax themselves per the laws of their state of residence.
Certain products that we sell may have warranties provided by their manufacturers. Hutchison Enterprises, LLC is also a reseller and may or may not provide any warranties. Hutchison Enterprises, LLC will accept returns on merchandise that was purchased from the Website, is under warranty, and has manufacturing defects. If the product that you purchased has defective materials and/or workmanship, please contact us and then, if required, a return authorization number will be issued to you by email. Please note that any associated shipping cost to return merchandise to Hutchison Enterprises, LLC is not covered in any warranty situation.
It is necessary that we obtain your full contact information including phone number, mailing address and email address in order that we may contact you in the unlikely event that we are notified of a product recall. Upon notification of a product recall, a representative of Hutchison Enterprises, LLC will respond to the notification within the manufacturer’s designated timeframes. Personnel will examine all inventories for the recalled products and isolate the specified items until receiving further instructions to either discard them or return the products to the manufacturer. All products previously issued to clients/patients but which have been recalled must be exchanged for acceptable substitutes.