This Agreement applies to you, whether you are an individual or an entity acting by or through you as its authorized representative, or whether you represent, act or purport to represent or act for or on behalf of another person or entity, or yourself alone. This Agreement applies to you in whatever capacity in which you use this site, including but not limited to Users (as defined below) and Customers (as defined below). You represent and warrant by using the Website and the Company Services that you are at least 18 years of age, of sound mind, are competent to enter into a legally binding agreement and have authority to bind yourself or the person or entity you represent and to be bound hereby.
Section 1. Definitions.
For the purposes of this Agreement, the following terms shall have the following meanings:
1.1 An “Account” has the meaning ascribed to it in Section 5.2;
1.2 “Benefit” means any applicable government benefit or entitlement including, but not limited to, Medicaid for long-term care and veteran’s benefits;
1.3 The “Customer” is an individual who receives Benefit planning services from the Planner (as defined below);
1.4 “Customer Information” includes, without limitation, all of the personal and financial information required from the Customer to perform the Planner Services;
1.5 The "Content" may include, without limitation, information, data, text, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website, and the Company Services and all User Content;
1.6 The "Company Services" may include, without limitation, education and description of publicly available information on Benefit planning techniques, communication with the Customers and/or their family members and powers of attorney, document management and storage solutions, providing an online platform through which the Planner and the Customers, and/or their family members, shall communicate, information collection, payment services and collection, account management, workflow tools, and a connection between the Planner and the Customer for the provision of the Planner Services. The Company does not provide a referral service for any of the following professional services: attorney or legal services, accounting services, financial advisory services, financial planning services, retirement planning services, or investment advisory services;
1.7 An “Engagement” refers to the relationship between the Customer and the Company whereby, in exchange for payment, the Company helps the Customer to achieve his or her long term care goals by engaging the services of a Planner to provide the Planner Services to the Customer;
1.8 “Medicaid” refers to Medicaid for long-term care;
1.9 The “Planner” refers to a benefit planning professional who may communicate with and provide benefit planning services to the Customer, including any assistants, employees, subcontractors or partners such Planner employs or engages the services of to perform Planner Services;
1.10 The “Planner Services” may include, without limitation, services such as the development of a personal strategy to achieve eligibility for and access to Benefits at the lowest possible cost allowable under applicable rules, assistance navigating various Benefits systems, coordination with a designated Medicaid caseworker and their supervisors, serving as the Authorized Representative or Designated Representative in conjunction with the Customer or the Customer’s agent;
1.11 The “User” refers to an individual who consents to this Agreement on his or her own behalf and/or on behalf of a Customer for whom the User has a power of attorney, and who uses the Company’s platform;
1.12 The “User Content” refers to all Content submitted to the Company and/or the Website by the User;
1.13 The “Website” refers to the Company’s website located at www.familyassets.com, all subpages and subdomains, and all content, services, and products available at or through the Website.
Section 2. The Relationship between Users, Customers, and Planners.
2.1The User and the Customer understand that the Planner is neither an employee or an agent or a representative of the Company. You understand that any Benefit planning services are not provided by the Company, but are provided by the Planner.
2.2 The User and the Customer understand that he or she is solely responsible for every Engagement that he or she may engage in.
2.3 The User and the Customer understand that although the Company may undertake limited research and verification in connection with the Planners using the Website and/or the Company Services, the Company does not and cannot provide any guarantee regarding the qualifications, licensure, expertise, experience, training, or general history and background of any Planner.
2.4 The User and the Customer understand that it is his or her duty to confirm or verify any information provided by any Planner and that he or she bears the sole risk of relying on any such information.
2.5 The User and the Customer understand he or she is solely responsible for all Submissions from his or her account. “Submissions” means anything that he or she transmits to the Website or to another User or a Planner in the course of using the Website and the Company Services. The User and the Customer shall remain at all times solely responsible for the full accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
2.6 The User and the Customer understand that during any communications with the Planner, information about his or her personal, financial, professional, retirement, or health information may be disclosed by him or her at any such party’s own discretion. Neither the Company nor the Website nor the Company Services provide counsel or advice to you as to when, to whom, and how you disclose or choose not to disclose any such information to any Planner.
2.7 The User and the Customer understand that the Company does not guarantee, under any circumstances, that he or she will receive the intended benefit or results of engaging a Planner for Benefit planning services.
Section 3. Your Relationship with the Company.
3.1 The Website and the Company Services are a platform for collaboration and communication between Benefit planning professionals and those seeking Benefit planning services. The Company provides information about Benefit planning and an introduction to the Planner who will work with the Customer to develop and execute a personalized Benefit planning strategy.
3.2 The Company is not a law firm. The Company does not offer legal representation, legal advice, legal opinions, recommendations, referrals, counseling, or any activity which would constitute the unauthorized practice of law. While certain members of our personnel may be lawyers, they are not practicing law at the Company and cannot render any legal services to you. Any use of the Company Services are not intended to, and do not, create an attorney-client relationship. Any communication via the Company may not be held confidential. Communications are not attorney work-product and are not protected under any privilege (including attorney-client privilege).
3.3 The Company connects the User and/or the Customer with the Planner, but the Company does not provide Benefit planning services. The Company is not liable for the actions or omissions of any Planner performing Benefit planning services for the User and/or the Customer. Planners are not employees or agents of the Company.
3.4 The Company does not guarantee results.
3.5 In connection with using the Company Services to learn more about the Planner, schedule appointments with those Planner, upload any information needed by the Planner, and use the Company’s billing and payment services, the User understands that:
- when registering for the Company Services, the User will provide to the Company its basic contact information (including name, address, email address, phone number);
- the Company will set up an initial phone call between the User and/or the Customer and the Planner to discuss the the particular Planner Services offered;
- the User agrees to respond to all inquiries from the Company and the Planner promptly;
- while it is incumbent on you to make any and all payments for the Planner Services, including, for the avoidance of doubt, all billing and payment services, through the Website, you understand that ultimately, all Benefit planning fees are paid to the Planner. The Company does not provide Benefit planning services and does not charge for Benefit planning services. Payments made for the Planner Services via the Company’s billing platform are transferred directly to the Planner.
Section 4. Planners.
4.1 Planners are independent professionals who may perform Benefit planning services for the Customer. They are not employees or agents of the Company.
4.3 The Planners are solely responsible for ensuring that any communications they may have with the User and/or the Customer through the Company Services, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
4.4 Any and all Planners are solely responsible for adhering to any applicable laws regarding disclosures to, entering into contracts with, and the securing of consents from the Customers and/or the Users. The foregoing is not a substitute for any applicable state consent rules, disclosures, notifications, or instruments. It is the obligation of the Planner to use and disclosure any of your information in accordance with applicable state and federal laws, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with third parties.
4.5 In order to participate in the Website or the Company Services as a Planner, from time to time, in its sole discretion, the Company may require the Planner to review and accept certain additional terms and conditions with regard to their use of the Website and the Company Services, as well as their rendering of professional services and/or advice to Users of the Website and/or the Customers.
4.6 Any and all persons who use the Website and the Company Services are bound by this Agreement and you understand that even if you are a Planner, this Agreement applies to you as well.
Section 5. User Responsibilities.
The User, and the User alone, is responsible for the Account and anything that happens while the User is signed in to or using the Account. The User’s security is your responsibility.
5.1 User Representations. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (ii) you have the authority to bind the Customer to this Agreement, if applicable; (iii) your use of the Company Services will be solely for purposes that are permitted by this Agreement; and (iv) your use of the Company Services will comply with all local, state and federal laws, rules, and regulations, and with all other policies of the Company. The right to access the Company Services is revoked where this Agreement or use of the Company Services is prohibited or to the extent that offering, sale or provision of the Company Services conflicts with any applicable law, rule or regulation. If you are under age 18, you may not, under any circumstances or for any reason, use the Company Services. We may, in our sole discretion, refuse to offer the Company Services to any person and change its eligibility criteria at any time.
5.2 The Account. When using the Company Services, you may need to register for an account on the Website (the "Account"). You must provide accurate and complete information and keep the Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another entity’s user account or registration information for the Company Services without permission. You must notify us immediately of any change in your eligibility to use the Company Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
5.4 Payments. The User must provide current, complete, and accurate information for the payment of the Planner Services. The User must promptly update all information to keep the billing account current, complete, and accurate (such as a change in billing address). The User must promptly notify us if the chosen payment provider is canceled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. The User must make any changes to such information through the Account.
5.5 Customer Information. The User and/or the Customer must provide complete and accurate Customer Information required to perform the Planner Services. Such information may include, without limitation, estate planning documents (any wills, trust, or powers of attorney), copies of property deeds, and/or abstracts of title accurately identifying property interests, if any, recent statements of all financial accounts, declaration of any gifts or transfers, disclosure of all other assets and sources of income within the last five (5) years. The User and/or the Customer must fully cooperate with providing the necessary documentation required by any benefit agency and promptly notify and forward any documents or notices to the Planner sent to you by any applicable government department.
Section 6. Content.
6.1 User Content. User Content is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. The Company may use and distribute the User Content solely to provide the Company Services. You are solely responsible for the content of, and any harm resulting from, any User Content that you post, upload, link to or otherwise make available via the Company Services, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Company Services is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. If any of your User Content is subpoenaed, the Company shall give you prior notice in order for you to be able to contest such subpoena order.
6.2 Prohibited Content. You agree that you will not under any circumstances transmit any Content or User Content that (i) is unlawful or promotes unlawful activities; (ii) defames, harasses, abuses, threatens or incites violence toward any individual or group; (iii) is pornographic, discriminatory or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation or any form of lottery or gambling; (v) contains or installs any viruses, worms, malware, trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights; (vii) impersonates any person or entity, including any employee or representative of the Company; or (viii) violates the privacy of any third party.
6.3 Notices and Restrictions. The Company Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Company Services.
6.4 The Company May Modify or Remove Content. The Company has the right (though not the obligation) to, in our sole discretion, determine whether or not any User Content is appropriate and complies with this Agreement, or refuse or remove any User Content that, in our reasonable opinion, violates any policy of the Company or is in any way harmful, inappropriate, or objectionable. The Company further reserves the right to make formatting and edits and change the manner any User Content is displayed on the Website.
6.5 Use License. Subject to this Agreement, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Company Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Company Services is expressly prohibited without prior written permission from us.
6.6 Availability of Content. We do not guarantee that any Content will be made available on the Website or through the Company Services. We reserve the right to, but do not have any obligation to, (i) edit or modify any Content, excluding User Content, in our sole discretion, at any time, without notice to you and for any reason, or for no reason at all and (ii) to remove or block any Content from the Company Services.
6.7 Ownership of User Content. Except for Content that originates from the Company, we do not claim ownership of any Content that is transmitted, stored, or processed in your Account. You retain all ownership of, control of, and responsibility for User Content you post. You may control access to your User Content through settings in your Account.
6.8 License Grant. Solely to allow the Company to use Content you upload to the Website reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant the Company and our successors a worldwide, sublicenseable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with the Company’s business purpose. This license does not grant the Company the right to sell User Content or otherwise distribute it outside of our Website. This license will terminate at the time when the Content is removed from the Website.
Section 7. Third-Party Services.
7.1 Access to Third-Party Content. There may be content from third parties on the Company’s website, such as blog posts written by other users or links to other websites (“Third-Party Content”). When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
7.2 No Responsibility for Third-Party Content. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
7.3 No Authorization to use Third-Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by the Company’s terms and conditions.
Section 8. Termination.
8.1 If you wish to terminate your Account, you may do so at any time by following the instructions on the Website or by notifying the Company in writing at firstname.lastname@example.org.
8.2 The Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
8.3 All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Section 9. Payment.
9.1 Customer Responsibility. The Customer is responsible for all fees associated with the Customer’s receipt of the Company Services. By using the Company Services, the User agrees that the User has authority to pay the Company through the Company Services the amount agreed on during the initial consultation with the Company and memorialized in the cover letter attached to this Agreement (the “Cover Letter”). The Planner will receive all funds paid for Benefit planning services. You are responsible for paying the Company using a check, electronic check, or wire transfer. If you choose to pay via wire transfer, the Company will provide you with any necessary wire information.
9.2 Company Responsibility. The Company agrees to present the User with a Cover Letter outlining the Planner Services and the accompanying fee before payment is required. Per the specifications delineated in the Cover Letter, the Company will charge the Customer on a one-time basis. The User authorizes, and represents that it has the authority to authorize the Company to charge the Customer the full amount owed to the Company.
9.3 Reaffirmation of Authorization. The User’s non-termination or continued use of the Company Services reaffirms that we are authorized to charge your Payment Method for the Planner Services. We may submit those charges for payment and the User will be responsible for such charges. This does not waive our right to seek payment directly from the Customer.
9.4 Since refundable payments may be considered "countable assets" by Medicaid, any payments made to Planners via the Company Services are non-refundable.
Section 10. Warranty Disclaimer.
10.1 THE COMPANY PROVIDES THE WEBSITE AND THE COMPANY SERVICES “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE AND THE COMPANY SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND OUR DIRECTORS, EMPLOYEES, AGENTS SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE COMPANY SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT AVAILABLE AT OR THROUGH THE COMPANY SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE COMPANY SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. YOUR USE OF THE COMPANY SERVICES IS SOLELY AT YOUR OWN RISK. YOU RELY ON OR ACT UPON THE ADVICE OF ANY PLANNER OR OTHER USE OF THE WEBSITE OR SERVICES SOLELY AT YOUR OWN RISK AND BY YOUR OWN ELECTION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR ANY ACTIONS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY INFORMATION OR ADVICE PROVIDED BY ANY PLANNER OR OTHER USERS.
UNLESS PROVIDED BY A PLANNER DIRECTLY TO YOU, THE INFORMATION PROVIDED THROUGH THE WEBSITE AND THE COMPANY SERVICES IS PROVIDED FOR EDUCATIONAL AND GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED FINANCIAL RETIREMENT PLANNING ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, FINANCIAL ADVICE, LEGAL ADVICE, RETIREMENT ADVICE, OR REAL ESTATE ADVICE. THE COMPANY IS NOT AN ACCOUNTING, FINANCIAL ADVISORY, FINANCIAL PLANNING, RETIREMENT PLANNING, NOR INVESTMENT ADVISORY FIRM, AND IS NOT REGISTERED AS AN ACCOUNTING, LAW, FINANCIAL ADVISORY, FINANCIAL PLANNING, RETIREMENT PLANNING, INVESTMENT ADVISORY FIRM. PLANNERS ARE NOT THE EMPLOYEES OR AGENTS OF COMPANY.
10.2 You release the Company from all liability related to or arising from the Company Services. You release the Company from all liability arising from any claims regarding your relationship with the Planner and the Planner Services, including but not limited to any and all malpractice claims. The Company makes no representations concerning any Content contained in or accessed through the Company Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Company Services. The Company makes no representations concerning any aspect of services by any Planner including quality of such services. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Section 11. Indemnification.
11.1 You agree to defend, indemnify, and hold harmless the Company, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Company Services, the Planner Services, the Content, your User Content, or your violation of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
11.2 If you have a dispute with the Planner, you release the Company from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Section 12. Limitation of Liability.
12.1 In no event shall the Company, nor our directors, employees, agents, partners, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Company Services or the Planner Services arising under this Agreement, that result from (i) the use, disclosure, or display of your User Content; (ii) your use or inability to use the Company Services; (iii) the Company Services generally or the software or systems that make the Company Services available; or (iv) any other interactions with the Company or any Planner. The Company’s total cumulative liability in connection with this Agreement, whether in contract or tort or otherwise, will not exceed the aggregate amount of fees agreed upon, and actually paid to the Company.
Section 13. Miscellaneous.
13.2 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (”JAMS”) by arbitrators appointed in accordance with such rules. The arbitration shall take place in New York County, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
13.3 Entire Agreement and Severability. This Agreement is the entire agreement between the User and the Company with respect to the Company Services, including use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Company Services. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
13.4 Force Majeure. The Company shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
13.5 Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
13.6 Arbitration. Should a dispute arise between you and the Company, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
13.8 Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
13.9 Headings. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.