SENIOR CONCIERGE, INC. LICENSE STATEMENT OF SERVICES, TERMS AND CONDITIONS
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: living facilities allow seniors to fully enjoy their retirement without the hassle of upkeeping their home. With independent living, seniors can socialize with their peers, have delicious meals prepared for them, be taken care of, live in a safe environment, and more to provide both freedom and comfort.
Assisted Living: Get 24-hour care for your aging loved one in a homelike atmosphere often structured like an apartment complex or hotel. Get help with everyday activities like bathing, dressing, and getting ready for the day. Make sure they have the attention they need to stay social, stay safe, and cared for at all times.
Residential Assisted Living:Offer your loved one a friendly home-like setting with professional health care services available to them at all times. Let your senior socialize with their peers, get help with everyday activities, and feel like they belong and are genuinely cared for.
Continuing Care Retirement Communities (CCRC): Continuing care-retirement community combines aspects from independent living, assisted living, and skilled nursing all into one professional and safe environment. A combination of care lets your loved one enjoy their independence after retirement while also having the necessary health care, companionship, and caretaking they need.
Memory Care: If your loved one is having trouble with their memory, this specialized care helps them to maintain their skills as long as possible while getting them engaged with cognitive activities to improve their quality of life. Provide your senior with a secure environment and experienced staff to prevent wandering, offer support for dementia and Alzheimer’s disease, and coordinate care with other health providers.
Home Health Care: If your loved one is recovering from a shorter-term injury or operation, a doctor can recommend home health care to get the extra support they need for recovery while in the comfort of their homes. With home health care, your loved one can still have professional health services such as at-home therapy and IV treatments, depending on your doctor’s requests.
Home Care: Give your loved one extra companionship and socialization opportunities with convenient home care services. Care Professionals will assist your loved one with daily activities, keep them occupied and ensure they are supervised.
Adult Day Care: Adult day care centers offer carefully planned activity programs for older adults who require supervised care during the day in a professional environment. These care centers let your aging loved one and older adults socialize in a group setting while still being supervised with health services in reach
Hospice: Make your loved one’s last memories special and pain-free by choosing personalized hospice care for terminally ill patients. Hospice attends to your loved one’s emotional and spiritual needs as their time approaches its end. With hospice care, the priority lies in comfort and the quality of life by reducing as much pain and suffering as possible.
Care Management: Plan and coordinate care for your loved ones by having a professional work directly with you and your family members to coordinate and refer various health and care services. This is a perfect option to improve your senior’s quality of life, keep their independence, and meet their long-term care needs while also freeing up your time.
Elder Law Services: Get reliable answers and a clear path forward when it comes to the legalities of your aging loved one. Elder law helps you plan long-term finances, care options, wills, guardianships, estate planning, and more. Elder law can also support your loved one and provide protection in circumstances such as fraud or elder abuse.
Senior Real Estate Specialist (SRES): Senior Real Estate Specialists directly help your loved one with topics related to real estate, housing, investments, and more. SRES are equipped to work together with you and seniors to make decisions and create financial agreements.
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:
5 leads per month included
One designated userPRO LEVEL PLAN:
Thee permitted designated users
Priority Profile PlacementPREMIUM LEVEL PLAN:
Unlimited designated Users
Priority Profile Placement
Capability for adding multiple locations
Dedicated SENIOR ONE account manager
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 99.99/year
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 care categories, for which no lead fee will be charged, consistent with applicable legal requirements: Home Health care; Hospice; Care Management; and Elder Law Services.
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 average full monthly base charge for one month during the first year of the client/patient’s residence. 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 provided 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.
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 SENIOR.ONE® 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.