Senior Concierge, Inc., a New Mexico corporation with headquarters and offices in Albuquerque, New Mexico (SENIOR.ONE®), through its proprietary computer software and database, has created a system to connect families and individuals with senior housing communities and providers of ancillary care services (“Care Providers”) that offer a variety of home-based services to those seeking such services. SENIOR.ONE® has spent years developing its software, database, website and connections with Care Providers (collectively its “Program”) in order to offer what it believes is the most efficient and cost effective program for introducing individuals and their families to responsible Care Providers throughout the United States. Set forth below are the types and categories of Care Providers to whom individuals and families have access by use of SENIOR.ONE®’s Program; the type and amount of Membership Fees and Placement Fees charged by SENIOR.ONE® to Care Providers who are SENIOR.ONE® Members when a placement with a Member Care Provider results from an introduction using SENIOR ONE’s software and database that may be accessed via SENIOR.ONE®’s website (www.senior.one).This Statement of Services, Terms and Conditions sets forth the terms by which Senior Concierge, Inc. agrees to license its Program to Care Providers who choose to become Members of SENIOR.ONE®.
SENIOR.ONE® does not impose any fees or charges on individuals or families for access and use of its software and database through its website, whether or not their use of SENIOR.ONE®’s website leads to a placement with a Care Provider who are Members of Senior One, or with any of the ancillary service providers to whom they have access. All fees and charges, consistent with requirements of federal and state law, are borne by Care Providers who are Members of SENIOR.ONE®, chosen by those who use SENIOR.ONE®’s website to locate the Care Provider or other service providers of their choice. This Statement of Services, Terms and Conditions constitutes an agreement(“Agreement”) between it and any Member, which applies to and establishes the terms that govern the relationship between SENIOR.ONE® and any Care Provider that elects to be a SENIOR.ONE® Member.
TYPES OF CARE SERVICES
Care Providers who are Members of SENIOR.ONE® offer one or more of the following categories of senior housing communities or facilities, or ancillary care services:
SENIOR HOUSING CARE CATEGORIES:
Independent Living: A senior housing community that offers individual apartments and self-directed services such as dining, activities and transportation. This setting maximizes the independence of the residents while providing a safe environment.
Assisted Living: A senior housing community that offers individual apartments and self-directed services such as dining, activities and transportation. This setting maximizes the independence of the residents while providing a safe environment.
Residential Assisted Living:An Assisted Living Facility as described above offering services in a smaller, home-like setting.
Continuing Care Retirement Communities (CCRC): A senior housing facility that offers a combination of independent living, assisted living, memory care and/or skilled nursing. Skilled Nursing is defined as: A licensed nursing home where services for residents shall be provided on a continuing 24 hour basis and shall maintain or improve physical, mental and psychosocial well-being under a plan of care developed by a physician or other licensed health professional. “Skilled nursing care” means those services furnished pursuant to a physician's orders which:
(a) require the skills of professional personnel such as registered or licensed practical nurses; and
(b) are provided either directly by or under the supervision of these personnel
Memory Care: An assisted living facility or part of or an assisted living facility that provides added security, enhanced programming and staffing appropriate for residents with a diagnosis of dementia, Alzheimer’s disease or other related disorders causing memory impairments and for residents whose functional needs require a specialized program.
ANCILLARY SERVICES
Home Health Care: A licensed agency or organization meeting the following criteria: A. Provides at least one medically directed service, including, but not limited to:
(1) skilled nursing;
(2) physical therapy;
(3) occupational therapy;
(4) inhalation therapy;
(5) infusion therapy;
(6) speech language pathology;
(7) social work;
(8) home health aide;
(9) personal care attendant;
(10) homemaker;
Non Medical Home Care: An organization or company that provides assistance with activities of daily living in a person’s home.
Adult Day Care: A licensed public or private facility that provides care, services,and supervision for three (3) or more non-resident adults for less than twenty four hours of any day who because of diminished mental or physical capacity find it difficult to care for themselves in their own residence. An adult day care center may be located in any building or home which meets the applicable state and local building and safety codes.
Hospice: A licensed organization, company, for-profit or non-profit corporation or any other entity which provides a coordinated program of palliative and supportive services for physical, psychological, social and the option of spiritual care of terminally ill people and their families. The services are provided by a medically directed interdisciplinary team in the person's home
Care Management: Care Management is a health and human services specialist who acts as a guide and advocate for families who are caring for older relatives or disabled adults. Care Management professionals are educated and experienced in but not limited to counseling, gerontology, mental health, nursing, occupational therapy,physical therapy, psychology, or social work; with a specialized focus on issues related to aging and elder care services such as;
(1) Assessment and monitoring
(2) Planning and problem-solving
(3) Education and advocacy
(4) Family caregiver coaching
Elder Law Services: A licensed attorney that specializes in the legal needs of older or disabled persons, including, but not limited to, issues related to healthcare, long term care planning, guardianship, estate planning, retirement, Social Security,Medicare/Medicaid.
Senior Real Estate Specialist (SRES): Seniors Real Estate Specialists are REALTORS® who meet the special needs of maturing Americans when selling,buying, relocating, or refinancing residential or investment properties.
CARE PROVIDERS’ MEMBERSHIP LEVELS
Membership in SENIOR.ONE® is offered to Care Providers at three Membership Levels,the Basic or Standard level Plan; the Pro Level Plan; and the Premium level Plan. All Membership Levels provide Members with Customized Company Profile, a Company Dashboard, and SENIOR.ONE®’s Analytics, In addition, the three Levels have the following components:
STANDARD LEVEL PLAN:
- Five leads per month included
- One designated user
PRO LEVEL PLAN:
- Unlimited Leads
- Thee permitted designated users
- Priority Profile Placement
Premium Level Membership $ Dependent on # of locations
- Unlimited Leads
- Unlimited designated Users
- Priority Profile Placement
- Capability for adding multiple locations
- Dedicated SENIOR ONE account manager
- API integration
A lead is a qualified customer request. Customers are required to fill out a detailed lead form prior to submitting requests. Lead forms and information gathered from the lead forms vary depending on the type of care category. Upon becoming a member Care Providers create a custom profile specific to their service or community. Customers use the buttons found on the individual Care Provider profiles to submit requests. Upon a submitting request a Lead is generated and sent via email to the Care Provider.
Types of leads include: Tour Request (virtual or in-person), Call Request,Assessment Request, Pricing Request, and General Inquiry Request.
Example: A Tour Request Lead Form gathers the following information:Name, location, Budget, Timeframe, Who the tour is for (myself, Spouse, Parent(s),Relative(s), Friend( s), Client/Patient), Preferred date & time of tour, additional details, contact information.
MEMBERSHIP FEES AND CHARGES
SENIOR.ONE® charges a basic annual Membership Fee for each level of Membership, due at the time a Care Provider elects to become and is accepted as a SENIOR.ONE® Member,as follows:
Standard Level Membership - $9.99/month or 99.99year
Pro Level Membership - $29.99/month or 299.99/year
Premium Level Membership $ Dependent on # of locations
The membership Fee will not increase during the first 18 months of membership; and thereafter may increase effective the next January 1, and annually thereafter, but no increase shall be greater than 5% percent more than the prior Membership Fee.
In addition, should members request and receive Leads from SENIOR.ONE® in accordance with the terms of their Level of membership, they will be charged $20 per lead for any of the type of care services for which a prospective client is seeking placement, excepting for the following type of services, for which no lead fee will be charged, consistent with applicable legal requirements: Home Health care; Hospice: Care Management; and Elder Law.
Should a lead provided by SENIOR.ONE® result in a prospective client or patient entering a contract with a Member for provision of place of residence within 12 months after the lead is provided, then the Member will be charged a Placement Fee at the time the client or patient moves into the residential community or facility, such Placement Fee will be equivalent to 20 percent of the first full month room & board, and care fees regardless of any concessions offered by the community or the residence's length of stay. Placement Fee only applies to senior housing categories: Independent Living, Assisted Living, Residential Assisted Living, Memory Care, Continuing Care Retirement Community.
The following Terms, along with the preceding statement, govern the License granted to Care Providers who are Members of SENIOR ONE.
1. Confidentiality. Members will maintain in Confidence any non-public personal information about any prospective client or customer obtained from, or as a result of a lead provided, by SENIOR.ONE®, including but not limited to private health information subject to the requirements of HIPAA, and shall disclose such information to any third party only with the informed written consent of the individual whose information is concerned, or pursuant to legal process, and then only after giving timely notice to the subject individual and to SENIOR.ONE® sufficient to allow them to intervene to challenge the production of the information being sought.
2. Intellectual Property. SENIOR.ONE® is and shall remain the owner of all intellectual property rights it owns that are used in connection with the operation of its business, including trademark, copyright, patent and trade secret or know how rights. It is presently the owner of trademark rights in SENIOR.ONE®, in word or design form, and of copyright in the constituent components of its PROGRAM. It is currently the owner of U.S. Trademark Reg. No. 6, 415, 513 in SENIOR.ONE®; and Copyright Reg. No. TXm 2-266-172 in the computer program titled Senior One; along with its proprietary know how associated with its business. Members agree not to reverse engineer any intellectual property belonging to and provide by SENIOR.ONE®, regardless of whether it is protected by patent, fully disclosed by SENIOR.ONE® or contains trade secrets or know how described by SENIOR.ONE®.
3. Termination. The License may be terminated as follows:
3.1 By the Member, at any time, so long as it fulfills all obligations by which it was bound, including compliance with the provisions set forth herein, including the payment to SENIOR.ONE® of all fees and charges it is obligated to pay.
3.2 By SENIOR.ONE®, if it determines that a Member is in violation of a material provision of the terms set forth herein and does not cure such violation within 15 days of receiving written notice of the violation; if a Member fails to meet accreditation standards of any government or private authority that sets standards for its operations; if a Member or any member of its management is criminally charged with malfeasance in the conduct of operations related to the provision of residential or health-related services to residents, clients or patients, whether such charges are felonies or misdemeanors, and such charges are not dismissed within 60 days; or for any other reason that SENIOR.ONE® in the exercise of reasonable discretion, determines may bring discredit to SENIOR.ONE®’s business.
4 Limited Liability. Under no circumstances will either party hereto be liable to the other for consequential or punitive damages. Any liability SENIOR.ONE® may have to a Member for any cause shall be limited to the amount of fees and charges paid by Member during the 12-month period preceding the event giving rise to any claim successfully proven by the Member.
5. Indemnification. Member hereby indemnifies SENIOR.ONE®, and holds it harmless, from any claim, loss or inability whatsoever, including attorney’s fees, brought by or resulting from any third party arising from any claim based on an act or omission by the Member. In the event of such a claim Member shall defend SENIOR.ONE® with legal counsel selected by Member but reasonably acceptable to SENIOR.ONE®, at Member’s sole expenses.
6. Relationship of Parties. The parties hereto shall be independent contractors for all purposes in connection with services provided by SENIOR.ONE® pursuant to this Agreement, or any modification of extension thereof. Under no circumstance shall the parties be considered to be partners or joint ventures in connection with this Agreement.
GENERAL TERMS
7.1 SENIOR.ONE® may modify the terms set forth herein or any Website to which it refers or utilizes at any time. Such modifications become effective immediately upon posting such modification, and shall have prospective, not retroactive, effect. By continuing to use the Website following any such modification Members will be deemed to accept such modification.
7.2 shall have no liability if it cannot perform its obligations under this Agreement in whole or in part because of circumstances beyond its reasonable control, such as, but not limited to, technical failure, severe weather, fire or explosion, civil disorder, war (whether or not declared), or military operations, natural or local disaster or emergency, anything done by government or other competent authority or industrial disputes of any kind.
7.3 Notices given concerning the Agreement may be given by SENIOR.ONE® online through the Website.
7.4 This Agreement shall be governed by the laws of New Mexico, without regard to its choice of law provisions. The courts of general jurisdiction in New Mexico shall have exclusive jurisdiction over any disputes arising out of, relating to, or concerning or relating to this Agreement, and venue shall be exclusively where such courts are located.
7.5 SENIOR.ONE® assumes no responsibility or legal liability for any action taken, or not taken, by any visitor to the Website. SENIOR.ONE®, as the publisher, shall bear no responsibility or legal liability for any inadvertent errors contained herein or on its Website, and the information made available on its Website is not guaranteed in any way.
7.6 If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect. This Contract represents the entire agreement governing access and use of the Website.
7.7 Users of SENIOR.ONE®’s Website agree and acknowledge that, subject to restrictions set forth in any federal or state law (such as HIPAA), any information provided to SENIOR.ONE® may be used by it for its internal purposes and may be aggregated, licensed or sold so long as any names or information that could be used to identify the persons supplying the information is not published or otherwise made or permitted to be made publicly available, and such use does not violate any valid federal or state law or regulation.