Terms of Service

Acceptance of the Terms of Service
Welcome to Senior65care.com! (a.k.a. "we" or "us" or the "Company"). We are excited to have you as user and member of the community. The following terms and conditions (collectively, these "Terms of Service") apply to your use of Senior65care.com, including any content, functionality and services offered on or via Senior65care.com (the "Website"). The Terms of Service also include our Privacy Policy that you can review here: Privacy Policy.

We want to keep our relationship with you as informal as possible, but please read the Terms of Service carefully before you start using Senior65care.com, because by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!).
Disclaimer
Information provided on Senior65care.com does not, and is not intended to, constitute legal, tax, insurance, or healthcare advice. All information on this site is intended for general information purposes only. You are encouraged to seek financial, legal, tax, insurance, or healthcare advice from a professional advisor.

Senior65care.com is for research purposes only. Information and figures shown on Senior65care.com are based on publicly available information from medicare.gov. By using Senior65care.com you agree to our Terms of Service and Privacy Policy.

Compensation disclosure: We show phone numbers and links as advertisements to our marketing partners. If you call a phone number or click a link shown on our website, we may receive compensation.

Senior65care.com is owned and operated by a private company, Amabo LLC, and is not connected with or endorsed by the United States federal government or the federal Medicare program. For official federal government information, please visit Medicare.gov (1-800-MEDICARE).

Medicare plans are available to all Medicare beneficiaries. Use of the word “senior” or the number “65” does not imply that Medicare plans are only available to seniors. People under 65 with certain disabilities may be eligible for Medicare and are considered Medicare beneficiaries.

We may not show information for every plan available in your area. Please contact Medicare.gov or 1-800-MEDICARE (TTY users should call 1-877-486-2048) 24 hours a day/7 days a week to get information on all of your options.
Electronic Communications. Telephone Calls. Emails. Text Messaging.
By providing Senior65care with your telephone number, email address, or other contact information, you agree to receive communications, including via email and calls, including text messages and calls made using an autodialer or prerecorded voice messages from or on behalf of Senior65care or our partners at the email address or telephone number you provided, even if that number is on a National or State Do Not Call List. These calls may be for information and marketing purposes, such as to provide you with information about Senior65care’s, or our partners’, services. You are not required to provide your consent to these calls as a condition of any purchase on or through Senior65care or our partners, and you may revoke any consent for marketing messages, phone calls or text messages as described below. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. Senior65care or our partners may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others
Opt-Out
IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY STOP FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL. You understand and agree that you may: (i) continue to receive communications while Senior65care or our partner processes your opt-out request, (ii) receive a communication confirming the receipt of your opt-out request, and (iii) after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non-wireless number, such as confirmations or updates related to your account or services from Senior65care or our partners.
Changes to the Terms of Service and the Website
Senior65care.com is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Of course, this document is public on Senior65care.com, and you will be able to see the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
Information and Data shown on Senior65care.com
Certain information and data shown on our site, including Medicare health plans, nursing home data, home health agency data, and 5-star quality ratings, are based on publicly available information sourced from medicare.gov and the Centers for Medicare and Medicaid Services (CMS). This information is in the public domain and permission is not required to reuse it. Data and Ratings
Links to Third Party Websites and Third Party Phone Numbers
Senior65care.com may display links to and phone numbers of third party partners which are not owned or operated by Senior65care.com. These third party partners are responsible for complying with government regulations relative to their service and industry. Third party partners may not be able to provide every service available in their market and availability may depend on location. Senior65care may receive compensation from third party partners.
Accessing the Website, Security and Privacy
We are working hard on improving Senior65care.com, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

We use TLS encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.
Intellectual Property Rights and Use Guidelines
The Website and its original content, features and functionality (including look!), are owned by Senior65care.com and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, 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. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.

You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

The Website may contain Content specifically provided by us, our partners or our users 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 Website.
Law and Copyright Infringement
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
5. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact us with any notices at [email protected].
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of Senior65care.com is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

The services of Senior65care.com are owned, operated, and provided by Amabo LLC. If you have any questions about these Terms of Service, please contact us.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Third Party Logos
Any logos shown on Senior65care.com follow fair use guidelines. By using Senior65care.com, you agree that company logos displayed are not owned by Senior65care.com and are for research purposes only and we do not guarantee the accuracy of logos.
Geographic Restrictions
For now, we provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Senior65care.com and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.