Terms & Conditions
Scope of Use
THE CONTENT OF THE WEBSITE IS FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED TO REPLACE MEDICAL ADVICE RECEIVED FROM A LICENSED HEALTHCARE PROVIDER. THE WEBSITE DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Though the Website does not provide Users medical advice or establish a patient-physician relationship, Ultreia Health staff, (upon request) may provide information and/or guidance in selecting products to facilitate an excellent customer experience. Ultreia Health does not promise, guarantee, or predict User’s success while using products or services purchased from the Website.
User agrees to comply with these Terms and Conditions and agrees NOT to engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Website (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Website; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Website for any other authorized user; or (g) violate any applicable local, state, national or international law.
User further agrees to NOT attempt to gain unauthorized access to any portion or feature of the Website or associated systems, networks or servers by hacking, password “mining” or any other illegitimate means. User agrees to NOT access, acquire, copy, monitor, circumvent, or create derivative works from any portion of Website, systems, associated networks or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Website. User also agrees to not sell, license or distribute any such Content, materials, documents, or information. Website reserves the right to bar any such activity or use in our sole discretion.
User acknowledges that the Website, and any related blogs, messages, or other information, are for informational purposes only. The views expressed by authors in articles and blog posts, including employees and outside guest authors, are the opinions of the individual author, and do not represent the opinions or views of Ultreia Health.
Except where expressly permitted, User may not rent, lease, lend, sell, redistribute, or license the Content, the Website content including products or services, or access to the same. User may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Website content, products or services, any updates, or any part thereof except as expressly permitted herein.
User agrees to provide true, accurate, current, and complete information to Ultreia Health through the Website.
Users registering a Website account agree to provide a username and password, and to assume all responsibility for the activity occurring on the registered account. User is advised to keep secure and private their personal account and password information to prevent unauthorized access to Website. User agrees to hold Website harmless for any activity created due to User sharing private account information. User agrees to immediately notify Website if there is suspicion of potential or real loss or theft of private User account information or any unauthorized use of User account information including username and password.
No Guarantee of Website Use
Website reserves the right to make improvements, changes, or amendments to the information, services, products, and other materials on the Website, terminate the Website, or terminate User access to the Website, at any time without notice. Website further reserves the right to change, suspend, remove, or disable access to the Website at any time without notice. In no event will Website be liable for any harm claimed from the removal or disabling of access to the Website. Website may also impose limits on the use of, or access to, the Website, or portions thereof, in any case and without notice or liability.
Website makes no representation that the Website may be accessed from, displayed on, or linked to on mobile devices, personal computers, tablets, or other electronic devices, or that Website is available in all languages or in all countries. Website makes no representation that the Website is appropriate or available for use in any particular location. To the extent User accesses the Website, User is responsible for compliance with any applicable federal and local laws and/or regulations.
Information User Provides and that Website Collects
Website Ownership and Content
Website contains materials and other information pertinent to Ultreia Health products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks (collectively the ‘Content). Content is the sole property of and controlled by Ultreia Health, its licensors, licensees or other third parties, and as such all right, title, interest in and to the Content and Website are protected by United States and International applicable copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible.
By using the Website, User will not obtain any ownership rights or intellectual property or other interest in any item or content on the Website unless explicitly permitted herein. User agrees not to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other electronic device, computer, server, Website, medium or commercial enterprise, any part of the Website.
Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or the Content except as permitted or consented by these Terms.
Copyright Notice and Take-Down Procedures
If User has a good faith belief that their personal work has been copied in a way that constitutes copyright infringement, or that personal intellectual property rights have been otherwise violated, User can submit a Notice of Claimed Infringement to Ultreia Health consistent with the Digital Millennium Copyright Act (DMCA) by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that User claims to have been infringed. If User is asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of specific Website location of the claimed infringed material. Location must be specific allowing Ultreia Health to find claimed infringed material.
- User or authorized representative’s address, telephone number, and email address;
- A good faith statement by User with belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by User, made under penalty of perjury, that the information in complaint notice is accurate and that User is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. All indicated information regarding an infringement claim must be submitted in writing to: Ultreia Health, Attention: Copyright, 11033 Hauser Street Lenexa, KS 66210.
Purchasing Items on our Website
All transactions made through the Website are subject to Website acceptance, at its sole discretion. Without limitation, this means that Website retains the right to refuse, accept or cancel any transaction for any or no reason, in its sole discretion, regardless of whether the transaction has been confirmed, and without liability to you or any third party.
All prices shown are in US dollars. Ultreia Health must receive payment prior to its acceptance of an order, unless otherwise agreed by Ultreia Health. Ultreia Health expressly conditions its acceptance of User order on agreement to these Terms, and to any additional terms provided on the Website that govern User purchase of certain Products.
If payment has already been made on a cancelled or limited order a refund will be processed for any payment User made for Product(s) not shipped due to cancellation or limitation of an order. Refund will be made in the same tender as the original purchase.
The Website is intended to provide products to the customer as an end-user. The Website does not permit or accept orders from dealers, wholesalers, or others who intend to resell items offered on the Website.
Website reserves the right without prior notice to discontinue or change specifications and prices on Products offered on or off the Website without incurring any obligation to User. Prices and availability are subject to change without prior notice. Every effort has been made to ensure the accuracy of the information on the Website, but Website reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions.
The following forms of payment are accepted:
- American Express
- Diners Club
Website reserves the right to request additional identification for payment verification.
Website may make available to User various payment processing methods to facilitate the purchase of products from the Website. User is required to abide by any relevant terms and conditions or other legal agreement, whether with Website or with a third party, that governs the use of a given payment processing method by User. Website may add or remove payment processing methods at its sole discretion and without notice to User. User agrees to pay for all products they order and agrees that the credit card information given by User will be utilized as payment for all products ordered, including additional tax amounts as applicable by law.
Whether a product is taxable is determined by the product in question, and the purchaser’s local tax laws determined by their place of residence. Equipment requiring a physician prescription can be obtained without incurring Kansas sales tax if a valid prescription for the equipment is furnished. This includes PAP devices, and supplies including mask kits (all mask components assembled into a functional mask), mask components, tubing, and PAP humidifiers. If User provides Ultreia Health with a valid prescription covering any of these products, no tax will be collected. Because some supply components (mask parts, tubing, humidifier chambers) may be obtained without a prescription, if User does not provide Ultreia Health with a valid prescription covering these supply components, sales tax will be incurred and collected at the time of purchase. Accessories, including mask wipes, and sanitation devices (ie. SoClean) do not require a prescription and are taxable at the rate in place at User’s place of residence at the time of the purchase. User is responsible for any taxes, customs fees, or duties (“Taxes”), and must pay for products without any reduction for taxes. If Ultreia Health is obligated to collect or pay Taxes, these Taxes will be collected from User at the time of purchase, unless a valid tax exemption certificate authorized by the appropriate taxing authority is provided.
Many of the items offered on the Website require a prescription written by a qualified medical professional as required by the United States Food and Drug Administration. This includes PAP machines, mask kits (all mask components assembled), and device humidifiers. These items are marked as such and orders for products requiring a prescription will not be processed until a valid prescription is received. Prescriptions may be uploaded, faxed, or mailed. An order form that can be downloaded and sent to User’s personal health care professional is available on the site [hyperlink].
A valid prescription must include the following information:
- Health practitioner’s signature
- Health practitioner’s printed name
- Health practitioner’s address and contact information (phone, fax)
- Health practitioner’s National Provider ID number
- Name and date of birth of individual for whom prescription is being written
- Product/services being prescribed
- Expiration date, or refills allowed, or “lifetime need”, or 99 months
Prescriptions written by the following healthcare practitioners will be accepted:
- Medical Doctor (MD)
- Doctor of Osteopathy (DO)
- Nurse Practitioner (NP)
- Physician’s Assistant (PA)
Utilizing Health Insurance for Ordered Products and Services
Users who wish to utilize insurance coverage for ordered products or services must be a current Ultreia Health customer and/or new Users who reside within the service area and have active coverage with one of Ultreia Health’s insurance network partners: Blue Cross Blue Shield of Kansas City and Blue Cross Blue Shield of Kansas. Insurance utilization for all orders can only be processed after required applicable prescriptions and medical documentation is received, benefits have been verified, and applicable prior authorizations are received. User understands insurance benefit verification and obtaining prior authorization is a courtesy provided by Ultreia Health and may result in order processing and shipping delays. Any such delays associated with insurance processes do not impose on Ultreia Health a burden for relief or any discounts for such delays. Required prior authorization can impose a 2-14 day delay for an order depending on the insurance coverage guidelines. Insurance utilization will be processed as directed by each User’s individual plan as communicated by User’s insurance carrier in accordance with Ultreia Health’s network contract with each insurance partner. Insurance plan pricing is dependent on each individual plan and may be higher or lower than prices reflected on Website. An estimate of the User financial responsibility will be determined and communicated to User BEFORE an order can be processed. This calculation is an estimate only and may result in an overpayment, or underpayment of your financial responsibility. Products ordered on the Website utilizing health insurance will not process, ship, or be available for pick-up, until benefits determination is made, applicable preauthorization received, and payment of User estimated financial responsibility for ordered products is received. All received estimated payments are held as credit on User’s account pending insurance processing. In the event an overpayment is received from User after insurance processes, overpayment amount will be held as a credit balance for future purchases on Website. Insurance partners make no guarantee of benefits for reimbursement to Ultreia Health. As such, Ultreia Health makes no guarantee User’s insurance will process and reimburse for any product or service claims filed on User’s behalf. Insurance partners process and determine benefit eligibility and reimbursement AFTER receipt of claim. User understands and agrees to assume financial responsibility for all product or service charges their insurance plan denies for any reason, or does not-cover, and all amounts applied to deductible or amounts applied to out of pocket responsibility as directed by their individual plan. User further agrees to allow Ultreia Health to hold on file a credit card account number and to apply any patient financial responsibility charges after their insurance has processed equipment or service claims filed on User’s behalf. Failure to pay for charges or denied through payment processing will result in User’s account submitted to formal collections process utilizing all legal avenues to collect balance due. User understands formal collections will result in the loss of the option to use health insurance coverage to obtain products and services offered on the Website.
Website (Ultreia Health) is not a participating Medicare provider. There is NO ability to submit claims to Medicare for benefit reimbursement of products or services offered on the Website or in Ultreia Health office locations. Medicare beneficiaries can purchase equipment and services from Ultreia Health using private pay payment methods available on the Website.
Users placing a Website order will receive an acknowledgement email indicating receipt of the order. This acknowledgement does not constitute order acceptance or order processing. Orders are not deemed accepted until Website sends and User receives shipping notice email. The total order price calculated on the Website will be charged at the time order is placed to the credit card or debit card account provided by User for the purchase.
In general, orders placed and paid for by credit card will be processed within 1-2 business days (Monday – Friday 8 AM – 5 PM CST). Orders placed on Saturday or Sunday and holidays will be processed on the next business day. Provided all necessary documentation is available, including a prescription (if applicable) and payment has been verified, products will be shipped once processing is completed.
User may request a cancellation of an order within 24 hours of submission on the Website by contacting https://ultreiahealth.com/contact/. User understands that if their order(s) is/are processed and shipped before receipt of the cancellation request, order cancellation will be denied and the Website Return policy will then guide Website and User’s handling of the order. Please read the Return policy to understand how returns can be made.
Processing of Website orders made by User’s requesting that charges be submitted through their health insurance carrier for payment are subject to the terms and conditions outlined in the section Utilizing Health Insurance for Ordered Products and Services.
Website reserves the right to refuse any order received. Website may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. Restrictions may include, but are not limited to, orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event an order is changed or cancelled an attempt will be made to notify the User using the contact information (e-mail, billing address, or phone number) associated with the User’s account, or provided at the time the order was made. Website reserves the right to limit, prohibit, or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Website further reserves the right to cancel any order if product(s) are not available, if payment method is denied or unauthorized, or for any other reason deemed acceptable.
Because of the highly personal nature of the products offered on the Website, any products that have been opened or used cannot not be returned for refund or store credit. Unopened products purchased from the Website may be returned for a store credit if received within 30 days of the initial purchase date and according to return instructions. Keep in mind that the 30 day return period includes shipping transit time. A shipping return label is available upon request and the return postage will be deducted from the store credit. A 15% restocking fee will be assessed and deducted from the purchase price credit for all returns. Return postage is not refundable. Sizing of masks and mask components varies from product model to product model of the same manufacturer and also between manufacturers. To avoid issues that can result in product returns, please contact an Ultreia Health staff member at 913-267-5100 for specific guidance on mask sizing, selection of products, or product questions. PAP machines (CPAP, AutoCPAP, BIPAP, AutoBIPAP, ASV) and PAP device humidifiers cannot be returned once the package has been opened, whether the machine has been used, or not.
Warranty and Non-Warranty Servicing
If you believe a PAP device purchased from Website is not functioning correctly, contact an Ultreia Health Respiratory Therapist to discuss the problem and determine if a return authorization is appropriate. A return authorization is required before a device can be accepted for a warranty related return. Warranty work will be performed by the manufacturer and decisions for repair or replacement are made solely by the manufacturer.
If a PAP device purchased from Website does not seem to be functioning properly and is no longer covered by the manufacturer’s warranty, it may be eligible for repair by the manufacturer. Manufacturer’s repair policies vary and may include a diagnostic fee that is applied to the cost of repair. Manufacturer service pricing may also vary and will be collected prior to initiating the repair process in addition to associated shipping costs. Warranty and non-warranty services are only available for devices that were purchased on Website.
Products sold by Website determined to have manufacturing defects may be returned by contacting an Ultreia Health staff member to review any concerns and to determine if a return authorization is appropriate. A return authorization will be provided by email. Ultreia Health will coordinate with the manufacturer to replace or repair the defective product with the exact or similar item covered by the warranty. Appropriate shipping costs associated with returning the product to Ultreia Health are not covered by warranty and are the financial responsibility of User. No credits, refunds, or replacements will be issued until the product has been received and examined by Ultreia Health staff. Products being returned to Ultreia Health should be sent only after receiving an authorization number and must include a written explanation about why the product is being returned.
Returns should be addressed to:
Ultreia Health, P.A.
Attn: Returns Department
11033 Hauser Street
Lenexa, KS 66210
Interim PAP device availability
Ultreia Health may make available a PAP device similar to the returned device during periods while the returned device is being evaluated for warranty and non-warranty work. This service is not covered by warranty, is only available to User’s who qualify for warranty and non-warranty services as defined above, and is offered only as equipment is available. A fee of $100/month along with initial and return shipping costs will be collected before the device is shipped to User. The device will be set to the pressures found on User’s most current PAP prescription. Comfort settings (ie. auto ramp, EPR, Flex) matching User’s device may not be available on the interim device. Subsequent monthly fees of $100/month will be charged to the payment method on file and prorated based upon the date the returned device is received by Ultreia Health.
Local Pick up of orders
Product orders placed by customers are available for local pick-up at Ultreia Health’s two Kansas locations:
In Lenexa Monday-Friday 8 AM – 4 PM
11033 Hauser Street
In Ottawa Tuesday and Thursday 8 AM – 4 PM
302 S. Main Street
These policies apply to shipments made to the US mainland, Alaska, and Hawaii. Orders are currently shipped Monday – Friday using various carriers including USPS, UPS, FedEx, and DHL. Most orders paid using a credit card are shipped within 2 business days from the order date. User should allow 4-7 business days to receive order using standard shipping after receipt of shipping confirmation. Orders placed on weekends and select holidays are usually processed on the next business day. Expedited delivery is available including Priority Next Weekday, 2 day, and Saturday delivery. Ultreia Health strongly recommends speaking to a customer service representative if expedited delivery is needed to determine whether expectations regarding receipt of order can be met. If an order does not process due to inaccurate or incomplete payment information, prescription requirements, or contains out of stock item(s), order processing and shipping may be delayed. Website reserves the right to change the means of shipment on any order.
Be aware of the following shipping policies:
- Free Shipping on credit card orders greater than $99 (before tax if tax is being charged)
- A flat rate of $8 is charged for standard shipping on orders not qualifying for free shipping and weighing less than 20 oz.
- A flat rate of $10 is charged for standard shipping on orders not qualifying for free shipping and weighing 21-32 oz.
- A flat rate of $20 is charged for standard shipping on orders not qualifying for free shipping and weighing 2-6 lbs.
- Orders processed through insurance do not qualify for free shipping and are charged flat rate amounts for standard shipping based on weight
- A signature at delivery is required for orders totaling more than $250 and any orders containing a PAP device
- Return shipping charges are not credited or refunded
- By request only, a return label can be emailed with the shipping charges subtracted from the product(s) credit amount (a 15% restocking fee also applies)
- Website reserves the right not to ship to Post Office boxes. For orders impacted by this policy, User will be contacted for an alternate address. If a response is not received within 2 business days, the order will be cancelled.
- Please contact Ultreia Health customer service before placing orders to APO/FPO addresses.
Risk of Loss
All shipped items are considered FOB (freight on board) indicating responsibility for shipped items now rests with the customer/patient/user. This means risk of loss and title for such items pass to you upon our delivery to the carrier.
Customers outside of the United States must contact Ultreia Health customer service before an order can be placed. International orders are evaluated on a case-by-case basis to determine whether products and services can be delivered while meeting Ultreia Health’s commitment to high quality customer care, and whether the customer’s expectations regarding delivery of products and services can be met.
Disclaimer of Representations and Warranties
THE WEBSITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE WEBSITE OR ITS CONTENTS.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE OR ITS CONTENT.
Notwithstanding anything to the contrary herein, this Disclaimer of Representations and Warranties does not apply in New Jersey.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ULTREIA HEALTH, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, OR INFORMATION CONTAINED WITHIN THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above.
Governing Law and Jurisdiction
If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then the provision will be deemed severable with the remaining provisions unaffected, continuing in full force and effect. No failure or delay by you or Ultreia Health to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy. You may not assign or transfer your rights or obligations under the Terms by operation of law or otherwise without Ultreia Health’s prior written consent, and any such attempt will be of no effect. Ultreia Health may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Last updated: 07/08/2021