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Senior Planning Services Terms & Conditions
Last update: October 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SENIOR PLANNING SERVICES (“SPS”) WEBSITE OR SERVICES.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVEROF RIGHT TO JURY TRIAL CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH SPS, PLEASE READ IT CAREFULLY.

These Terms and Conditions (“Terms”) govern your use of the SPS website http://seniorplanning.com/and our client portal(together, the “Website”) as well as any guidance from the SPS team (collectively, the “Services”). By using the Services, you acknowledge that you have read, understood and accept, without limitation or qualification, these Terms and our Privacy Policy. Do not use our Services if you do not accept these Terms or our Privacy Policy.

These Terms apply to you if you use our Website and/or Services seeking assistance applying or recertifying for Medicaid (or you are an authorized representative, such as a permitted family member, guardian, or legal representative acting on such individual’s behalf).

Medical Disclaimer: In case of a medical emergency, please call 911. Our Services are not designed to provide assistance for medical emergencies.

Our Services are only intended for U.S. residents thatare eligible for Medicaid. SPS makes no representation that the Services are appropriate for use in any other jurisdiction. If you choose to access the Services from other locations, you do so on your own initiative and are responsible for compliance with any applicable laws and regulations.

While SPS strives to continually provide timely and accurate guidance, Medicaid and other government benefit program requirements are subject to change and vary from state to state and the information and/or guidance may not prove to be correct nor may achieve the results or benefits anticipated. SPS will not advise or comment on your actual eligibility or a strategy for eligibility. SPS does not guarantee the outcome or result of your application once submitted.SPS IS NOT RESPONSIBLE FOR ANY DELAYS OR DENIALS OF YOUR APPLICATION OR COVERAGE FOR ANY REASON, INCLUDING WITHOUT LIMITATION, AS A RESULT OF A RECENT RULE CHANGE OR YOUR MISINERPRETATION OR MISAPPLICATION OF THE QUESTIONS, INFORMATION, OR GUIDELINES PROVIDED VIA THE WEBSITE OR THE SERVICES.

SPSreserves the right to change these Terms at any time without notice. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Services on or after the date of such update.

I. SPS DOES NOT PROVIDE LEGAL ADVICE

Applying for government benefits can be a tedious and overwhelming task. SPSoffers a simple platform to collect and organize materials for applications in one place. Our Services are designed only to assist individuals with preparingapplications and compiling any necessary documentation to determine eligibility for government health care benefits. SPS does not verify the substance of any material provided (or not provided) by you via the Website or the Services.

You are solely responsible for (i) reviewing the accuracy of the answers provided through the Services; and (ii) any error, omission, or delay by you in connection with your use of the Services including any failure by you to disclose information or documentation whether or not any of the foregoing is intentional or inadvertent.

SPS DOES NOT PROVIDE LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AN ATTORNEY. IF YOU HAVE ANY LEGAL QUESTIONS IN CONNECTION WITH YOUR APPLICATION, YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE. YOUR RELIANCE ON THE SERVICES IS SOLELY AT YOUR OWN RISK.

IF YOU ASK US TO REFER YOU TO A LEGAL PROVIDER SUCH REFERRAL IS NOT INTENDED AS AN ENDORSEMENT OF ANY ATTORNEY OR A REPRESENTATION, WARRANTY, OR PROMISE AS TO THE QUALITY, AVAILABILITY, OR OUTCOME OF ANY WORK PROVIDED BY THAT ATTORNEY. WE DO NOT EMPLOY, COMPENSATE, OR CONTROL THE ACTIONS OF ANY LEGAL PROFESSIONALS NOR RECEIVE ANY COMMISSION FOR REFERRING YOU TO A LEGAL PROVIDER. IF YOU RELY ON ANY ATTORNEY WE REFER YOU TO, YOU DO SO SOLELY AT YOUR OWN RISK. ANY FINANCIAL OBLIGATIONS FOR AN ATTORNEY’S LEGAL SERVICES ARE STRICTLY BETWEEN YOU AND THAT ATTORNEY AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE TO PAY AND FULFILL ALL FINANCIAL OBLIGATIONS TO THAT ATTORNEY.YOU UNDERSTAND AND AGREE THAT SPS IS IN NO WAY LIABLE FOR ANY LOSS OR EXPENSE RESULTING FROM ANY ACTS OR OMISSIONS BY ANY LEGAL PROVIDER WE MAY REFER YOU TO.

II. WHAT SPS DOES OFFER

While we do not offer a legal analysis of your application and any included documentation, we aim to simplify and streamline the application process, including without limitation:

  • A free, in-depth consultation on the Medicaid application process and help determine your eligibility
  • Identify, locate, and gatherthe correct documentation on your behalf by contacting government agencies, banks, and other institutions
  • Schedule a meeting with you to review your documentation and guide you through the Medicaid application process
  • Submit your application on your behalf, ensuring that all information is presented in a Medicaid-compliant manner
  • Manage communication with financial institutions and government services, keeping you updated with regular updates
  • We may provide the above services as back-office, non-legal, administrative support to healthcare and/or legal professionals requesting our Services.

Any and all consultations provided by SPS will be subject to the applicable terms and conditions of SPS. If you decide to retain SPS, the details of any services and related fees must be agreed upon in advance between you and SPS. Any eligible fees paid to us will be credited against any SPS fee. We make no representation or warranty about SPS advice or services and disclaim all responsibility and liability for the advice or services you may receive or fail to receive from SPS.

III. LINKS TO THIRD PARTY SITES

The Services may contain links to other websites (“Third-Party Sites”) as a convenience to you. Third-Party Sites are not under the control of SPS nor is SPS responsible for the accuracy, completeness, timeliness, or reliability of the contents of any Third-Party Sites, including without limitation any link contained on a Third-Party Site or any changes or updates to a Third-Party Site. SPS is not responsible for any form of transmission received from any Third-Party Sites. The inclusion of links to any Third-Party Sites does not imply an endorsement by SPS or any association with the Third-Party Site operator.

IV. SPS INTERACTIVE FEATURES

The Services may contain chat areas, chat bots, or other message or communication features (collectively, “Interactive Features”). You agree to use the Interactive Features only to post, send, and receive messages and material that are proper and relevant to the Services. You agree to use any Interactive Features in accordance with these Terms.

SPS does not control or endorse the content, messages, or information found in any Interactive Feature and specifically disclaims any liability with regard to the Interactive Feature and any actions resulting from your use of the Interactive Feature. SPS reserves the right to review content posted to an Interactive Feature and to remove any content at any time without notice to you for any reason whatsoever.

V. RESTRICTIONS ON USE

As a condition of your use of the Services, you agree not to access or usethe Services for any purpose that is unlawful or prohibited by these Terms, including without limitation, to:

  1. Transmit any information or message that contains unlawful, infringing, threatening, fraudulent, libelous, defamatory, obscene or abusive information or language;
  2. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  3. Impersonate any person or entity without proper authorization from that person or entity;
  4. Falsely state or misrepresentyour affiliation with any person or entity, including the origin of any information you provide;
  5. Reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Website or the Services, or any portion thereof without the prior written consent of SPS, except that content on the Website may be viewed, reproduced, and downloaded solely for your own authorized use as a paying customer and is not in used or shared in any way that is commercially prejudicial to or competitive with SPS. 
  6. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services, or attempt to probe, scan, test the vulnerability of, or breach the security of any SPS system or network;
  7. Interfere with or attempt to interfere with any software making up a part of the Services, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;
  8. Use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Services or the Website, or the reports, data, information, content, software, products, or other materials on, generated by or obtained from the Services or the Website or any other unauthorized automated means to compile information without SPS’s permission, with the exception of generally available third-party web browsers;
  9. Obtain or attemptto gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
  10. Use the Website in any manner that could damage or overburden any SPS server, or any network connected to any SPS server, as all servers have limited capacity and are used by many people;
  11. Upload or transmitany communication, software, or material that contains a virus or is otherwise harmful to SPS or our users’ computers and/orsystems;
  12. Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;
  13. Advertise, offer to sell or buy any goods or services for any business purpose; or
  14. Violate any applicable laws or regulations.

Violation of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

VI. PERSONAL INFORMATION

In general, always use caution when giving out any personal information about yourself or others. SPS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or content, in whole or in part, in SPS’s sole discretion.

A. REGISTRATION

You may be asked to register for an account in order to use or access the Services. When you register, you agree to provide accurate, current, and complete information about yourself as requested or directed by the Services and to promptly update this information to maintain its accuracy. SPS reserves the right to suspend or terminate your account and/or to refuse any and all current or future use of the Services if we suspect that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select in connection with the Services or setting up an account, and you are responsible for all activities that occur under your password or account.

B. USING AND SHARING YOUR INFORMATION

SPS may collect phone numbers, email addresses, and postal mail addresses through the Services so we can supply requested information back to you. SPS will only send service communications to you if you have opted to subscribe and have provided us with your email address. You may choose to receive emails from us that contain your personal health information. Please be advised that email is not secure and there is a risk that an email could be read by a third-party. By choosing to receive unsecure email from us, you acknowledge the inherent risks of email communications and consent to receiving emails containing your personal health information. If at any time you choose to opt-out of these communications, please reach out to us at privacy@seniorplanning.com.

SPS does not claim ownership of personal information you provide to us via the Services, including any Interactive Feature, or any of our associated services. However, BY PROVIDING SUCH INFORMATION TO SPS YOU GRANT SPS, ITS AFFILIATES, EMPLOYEES, AGENTS, SUBCONTRACTORS, AND RELEVANT BUSINESS PARTNERS, THE PERMISSION TO SHARE YOUR INFORMATION TO OPERATE THE WEBSITE AND CARRY OUT THE SERVICES WITHOUT FURTHER APPROVAL. For more information as to how SPS handles personal data, please review our Privacy Policy.

VII. DISCLAIMER

SPS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, LINKS, AND GRAPHICS CONTAINED IN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, LINKS, AND GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITATION OF THE FOREGOING, SPS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STAUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER MALICIOUS DESTRUCTIVE OR CORRUPTING CODES, AGENTS, PROGRAMS OR MACROS, OR ERRORS, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE VIA THE SERVICES. SPSMAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANOTHER PERSON.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPS MAY MAKE IMPROVEMENTS TO THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE SOLELY RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VIII. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, LINKS, AND GRAPHICS OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABIILTY OR OTHERWISE, EVEN IF SPS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, INCLUDING DAMAGES CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ARISING OUT OF YOUR USE OF THE SERVICES. NOTWITHSTANDING THE FOREGOING LIMITATION OF LIABILITY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE MAXIMUM AMOUNT OF SPS’S LIABILITY, IF ANY, RELATING TO YOUR USE OF THE SERVICES IS CAPPED AT ONE-HUNDRED AND FIFTY DOLLARS ($150.00).

IX. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SPS and its subsidiaries, affiliates, successors, parent companies, directors, officers, employees, contractors, service providers, agents and the assigns of the same from and against any and all demands, claims, damages, liabilities, judgments, losses, costs, expenses, and penalties, including reasonable attorneys’ fees, related to your: (i) use of the Services, including any protected health information or personal information you disclose to us, (ii) any violation of these Terms, (iii) any violation of applicable law or regulations, (vi) dealings or transactions with others resulting from your use of the Services, or (vii) negligence or willful misconduct.

X. TERMINATION

SPS reserves the right, in its sole discretion, to terminate your access to and use of the Services or any portion thereof at any time and without notice.

XI. GOVERNING LAW/VENUE

These Terms are governed by the laws of the State of New York without regard to principles of conflicts of laws. Any and all disputes arising out of or in connection with the Services, shall be negotiated in good faith and the parties agree to undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

XII. ARBITRATION AND CLASS ACTION WAIVER

If you and SPS do not resolve any dispute by informal negotiation, you agree that any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be the State of New York.

You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor SPS will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it will be permanently barred.

You agree that SPS may seek any interim or preliminary relief from any court of competent jurisdiction, necessary to protect its rights or property pending the completion of arbitration.

XIII. CHILDREN

The Services are intended for use by individuals 18 years of age or older. By using the Services and agreeing to these Terms, you warrant and represent that you are at least 18 years of age.

XIV. MISCELLANOUS

  1. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SPS as a result of these Terms or your use of the Services.
  2. Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
  3. Intellectual Property. All trademarks, logos, service marks, trade dress, slogans, designs, content, information, materials, text, images, audio, video, computer code and software appearing on the Websiteis the property of Senior Planning Services, LLCor licensed from a third-party. No title or ownership rights are transferred to you under these Termsand nothing herein shall be construed as a license. You may access, use, and display the Services without modification or alteration in any way, and only so long as you comply with these Terms.  The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No association with any real company, organization, product, person, or event is intended or should be inferred. All rights not expressly granted herein are reserved.
  4. No Waiver. Any failure to enforce any provisions of these Terms or address your breach shall not in any way waive our rights to enforce these Terms or act with respect to your breach.
  5. Entire Agreement. These Terms constitute the entire agreement between SPS and you, and supersedes any prior or contemporaneous communications and proposals (whether oral or written) between you and SPS.