Terms and Conditions
These Terms and Conditions apply to the following parties:
Elder’s Choice®, Inc. (EC) (herby known as Consultant)
Member (client(s) receiving services)
Client (individual or business receiving services, or individual acting on behalf of Licensee and/or business)
The following terms and conditions apply to clients who have purchased services and subscribed to various offers. Please note that not all categories will apply to all clients depending on type and level of purchase and/or subscription
Client shall be responsible for supplying necessary information for purposes of consultant’s functions as outline in the list of services provided on accompanying brochures and flyers. Furthermore, Client is responsible for updating and maintaining License including its associated fees and other costs.
Consultant will abide by all applicable HIPPA laws and not ask for any residents’ information without permission from said residents and/or responsible parties. Likewise, clients, families, residents and others involved in residents’ care agree to use extreme caution when disclosing any residents personal information including name, room number, location of resident’s whereabouts, their family’s names and whereabouts, any diagnosis, financial information and any other information protected under the current version of the HIPPA laws. Client receiving services from consultant agree to furnish proper notification to families and employees of facility prior to consultant reviewing any personal records. To view the HIPPA law, hold the ctrl button and click on http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html or type this address on your internet browser. If client wishes to retain Consultant for more detailed review or assistance with functions requiring resident or family contact, client is expected to follow current regulations regarding criminal background clearances. Such requirements including fingerprinting and other background checks will be at client’s expense.
Client shall retain its appropriate license for operating its RCFE. Consultant will retain its contracted function to advise Licensee under the terms of this agreement. Furthermore, client shall continue to assume responsibility including any and all citations past, present and future, and its associated fees, if any. In addition, client shall assume legal responsibility and its associated fees under the provisions of its license as a result of any legal action taken by any outside party. Client also understands that consultant is not an employee of the facility and therefore must designate appropriate staff to operate facility including management and other care staff to meet current State regulatory compliance.
Consultant provides information and advice based on current State regulations. State inspectors who enforce such regulations may interpret laws and regulations differently from one another including Consultant. Therefore, Consultant cannot and will not make any guarantee as to the accuracy of advice or information given based on such circumstances before, during and after any intervention of consultant. Client agrees to hold Consultant, its affiliates, associates, partners and family members of consultant, its affiliates, associates and partners harmless of any legal action brought on as a result of Consultant working within the terms of this contract. In addition, Consultant cannot and will not guarantee that client’s facility(s) will not receive any citation before, during and after any intervention of Consultant. Client understands that any advice from Consultant is not absolute and Client is responsible for making any and all final decisions regarding operations of the facility.
Under strict abiding law guidelines of the State of California, client and consultant understand they are mandated reporters and will report instances of known or suspected abuse when brought to their attention.
On-Site Service Call Fees:
Client who wishes to use consultant for on-site services will incur extra hourly charges as follows: $45 for Annual Platinum Members, $60 for Annual Gold Members, $75 for all other membership types.
HousingTree provides placement agencies and other referral sources with information regarding facilities including but not limited to: Current vacancies, locations, photos, current and past licensing visit information and contact information of facilities. Consultant is does not own or endorse HousingTree services and is therefore, not liable for any damages caused as a result of using HousingTree services. Client is encouraged to contact HousingTree directly for additional information concerning their services. Client has the option to opt out of receiving HousingTree services at any time.
Additional Services from Outside Parties
At times, Consultant and Client may mutually agree on third-party services as necessary to provide additional functions for client’s facility(s). Although every effort is made to ensure such third parties are sufficient and competent to provide necessary services, Consultant does not own or endorse such third-party services and is therefore, not liable for any damages caused as a result of using such third-party services. Client is encouraged to research third party services directly for additional information concerning their services and functions. Client has the option to opt out of receiving third-party services at any time. If third party services are employed by client’s customers, client assumes responsibility for explaining their own liability limitations to their customers regarding this relationship. Consultant is not liable for any damages incurred as a result of client’s customers using third party services.
Monthly memberships may be cancelled at any time. If membership is cancelled prior to scheduled end date, membership services will continue until such date matures, at which time consultant will cease available services. No cash refunds shall be processed.
Annual memberships paid in full may be cancelled, however, no cash refund will be processed. Any unused amounts as calculated at time of cancellation will be issued as store credit for future Elder's Choice services and products. Unused amounts are not transferrable to other individuals or entities and my only be utilized by the member of the party cancelling the agreement.
The following data is collected for transaction purposes:
Our Use of Data:
Any personal data you submit will be retained by Elder’s Choice® for as long as you use our Services and Systems provided on and off our Web Site. Data that you may submit may be retained for a longer period of up to one year.
Unless we are required by law to do so, your data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
Any or all of the above data may be required by us from time to time in order to provide you with the best possible service and experience when using our online and offline services. Specifically, data may be used by us for the following reasons:
· internal record keeping;
· improvement of our products / services;
· transmission by email of promotional materials that may be of interest to you;
· contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customize or update the online and offline services.
Interpretation of Laws and Legal Action
These terms and conditions shall be interpreted under and enforced according the laws of the State of California. In the event that either party is required to institute legal action to enforce any part of this agreement, the prevailing party shall be entitled to reimbursement of reasonable court cost and attorney’s fees incurred.
New Versions of Terms and Conditions
The most current revised edition of these terms and conditions shall replace any previous versions. The most current revised date is listed in the lower left corner. Client agrees to abide by the most current version of these terms and conditions.
Elder’s Choice®, 718 Devonshire Ln., Lincoln, CA. 95648//Phone: (916) 832-0072//Email: firstname.lastname@example.org//Website: www.elderschoice.com.
©2019 Elder’s Choice®, Inc. All Rights Reserved. Any duplication of this information in whole or part without the expressed written consent by Elder’s Choice®, Inc. is strictly prohibited
For Gold and Platinum Memberships: Unlimited calling applies to calls lasting no longer than 10 minutes. An additional charge of $15.00 per 10 minutes will incur for calls lasting beyond the initial 10 minute call. Terms listed above also apply to calls made by Elder’s Choice® to member due to member’s request. Charges will not incur for calls made by Elder’s Choice® to member who has not requested a call.
On-site service calls are billed as hourly rates as noted under "on-site service call fees" and in addition to other services requested unless otherwise indicated.
Additional facility inspections prior to Gold and Platinum membership renewals will incur an additional charge of $199.00 per inspection.
24/7 Compliance Consulting Standard Plan includes up to three 10-minute calls per month in addition to unlimited text and email. An additional charge of $15.00 per 10 minutes will incur for additional calls and calls lasting beyond any initial 10 minute call. Terms listed above also apply to calls made by Elder’s Choice® to member due to member’s request. Charges will not incur for calls made by Elder’s Choice® to member who has not requested a call.
Additional products and other services beyond membership allowable limits will incur an additional charge of the current market rate minus any discount associated with the current membership level. Special pricing is granted at the discretion of an authorized Elder's Choice representative.
Nursing coverage incurs a separate charge of $75/hour payable to the nursing provider directly if on-site visits are required.
Pricing for various services may be negotiable between the Elder’s Choice provider and client. Some services may not be available in call locations. Membership pricing is per facility, multi-facility discounts apply. Contact Elder’s Choice® for more details. EC Credits are redeemable for Elder’s Choice® services only, no cash value.