Terms and Conditions
1. Agreement between User and Adult Family Home Solutions
The AdultFamilyHomes.org website ("Site") is composed of various web pages owned and operated by Adult Family Home Solutions, LLC ("AFHS"), a Limited Liability Company registered in the State of Washington, WA since 2017.
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ("Terms").
Use of the Site constitutes your agreement to all such Terms. Please read the Terms carefully, and keep a copy of them for your reference.
The Site provides information services for families looking for care in an adult family home. The Site also provides marketing, placement, and connection services for adult family home owners and clients, and operates as follows:
1.1. Information Services
Provides free information on services, amenities, and room types of in-network care providers("Providers"). Provides the ability of direct communication between Providers and families/patients("Clients") via public listing pages of Providers.
1.2. Marketing Services
Gives Providers the opportunity to market their adult family home facility on Site and advertise to prospective clients looking for care in their area.
1.3. Placement Services
In the case that a Client requests AFHS support in the placement process, AFHS will provide referrals and lead services for Client placements into senior care facilities, for both in-network and out-of-network Providers. AFHS maintains the right to adjust the Placement Fee based on factors such as: financing, complexity of care, desired amenities, and available vacancies. By accepting our Terms and Conditions, Providers hereby understand and accept that AFHS may charge a Placement Fee to fill their vacancies according to the Additional Terms below.
1.4. Housing Advisory Services
AFHS may charge a Lead Fee to connect Providers and Clients. This is not the same as the typical industry referral fee that is based on actual Client move in and daily rates. The Lead Fee is not and never will be contingent on a Client placement occurring, but rather it enables a Direct Introduction between Providers and Clients. At the exact beginning of a Direct Introduction(first moment Provider and Client have mutually engaged with one another), AFHS no longer receives any compensation for what may or not occur between Provider and Client. AFHS reserves the right to resend Lead to alternative Providers at any which moment.
2. Additional Terms
The Site is intended as a resource to the senior care community, with the goal of reducing the costs and complexity of finding quality care for both Clients and Providers. Notwithstanding, here is the breakdown of how the Site may generate revenue from its activities:
You will never be asked nor required to pay for any services from the Site, with the exception of optional 3rd party services chosen at your discretion (i.e. Nurse Assessments). By agreeing to these terms and conditions, you are granting AFHS the right to share medical data provided by you to in-network and out-of-network care Providers.
The Provider must be appropriately licensed in the state/county/city in which the Provider is located. Listing on the site is completely free of charge. Providers are encouraged to list their care facility on the Site in order to effectively market their business. AFHS reserves the right to charge a Lead Fee for connecting Providers with Clients. Providers are solely responsible for this cost. Leads are newly signed up Clients that score a positive proprietary compatibility score with Providers. AFHS observes the right to send compatible Providers notifications and options to obtain contact information of Clients.
Housing Referral is defined as a Client placement into a Provider facility as a direct result of an AFHS Authorized Agent connecting both parties together. Due to federal regulations, AFHS does not provide Housing Referral services to solely Medicaid Clients
The Provider or Providers representative agrees to pay to AFHS a Referral Fee based on the following scenarios:
220.127.116.11. Scenario 1:
One payment of equivalence to 80% of one months housing and care fees charged to the Client for each private pay placement, due 31 days after the effective move-in date.
18.104.22.168. Scenario 2:
Three payments whose sum is equivalent to 100% of one months housing and care fees charged to the Client for each private pay placement and according to following schedule: One third of Referral Fee, due 31 days after the effective move-in date. One third of Referral Fee, due 61 days after the effective move-in date. One third of Referral Fee, due 91 days after the effective move-in date.
2.2.2. Grace Period:
If, for any reason, the Client moves out of the property or passes away within the first thirty (30) days of residency, there is no fee due payable to AFHS.
The Referral Fee for Respite and Hospice clients is 20% of the clients monthly fee for each month in residency/care up to and including the 5th month. AFHS notifies the ACH whether the client is Respite or Hospice prior to move-in.
2.2.4. Payment Terms:
The Referral Fee will be invoiced monthly by AFHS.
Invoices are due on the date indicated on the invoice. Late fees will be assessed on all invoices that are past due. Late fees accrue at a rate of 5% of the invoiced amount per month or fraction of a month late. Invoices 60 days or more past the due date may be turned over to a collections agency.
If Provider is referred to collections for outstanding payment obligations defined in sections 2.2.1 and 2.2.3, Provider will be charged: Late fees as defined in section 2.2.4; and all collections fees or costs incurred; and/or any and all attorney fees and costs incurred by AFHS in the event legal action is taken.
AFHS does not pay for the expense of the nurse assessment. It is the responsibility of the Provider and/or the Client to pay for said expense.
4. Electronic Communications
Visiting the Site or sending emails to AFHS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that AFHS provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
5. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that AFHS is not responsible for third party access to your account that results from theft or misappropriation of your account. AFHS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
6. Children Under Thirteen
AFHS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
7. Cancellation/Refund Policy
Please view our Cancellation Policy for details on cancellations and/or refunds.
8. Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of AFHS and AFHS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
AFHS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AFHS of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that AFHS may share such information and data with any third party with whom AFHS has a contractual relationship to provide the requested product, service or functionality on behalf of the Site Users and customers.
9. No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to AFHS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AFHS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AFHS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of AFHS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AFHS or our licensors except as expressly authorized by these Terms.
10. Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; 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; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations
AFHS has no obligation to monitor the Communication Services. However, AFHS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AFHS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
AFHS 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 materials, in whole or in part, at AFHS sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AFHS does not control or endorse the content, messages or information found in any Communication Service and, therefore, AFHS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized AFHS spokespersons, and their views do not necessarily reflect those of AFHS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
11. Materials Provided to the Site or Posted on Any AFHS Web Page
AFHS does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any AFHS Web Page or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AFHS, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. AFHS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at AFHS sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
12. International Users
The Site is controlled, operated and administered by AFHS from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AFHS Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless AFHS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AFHS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AFHS in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
15. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and AFHS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
16. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADULT FAMILY HOME SOLUTIONS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ADULT FAMILY HOME SOLUTIONS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ADULT FAMILY HOME SOLUTIONS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
17. Termination/Access Restriction
AFHS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AFHS as a result of this agreement or use of the Site. AFHS' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AFHS' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AFHS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AFHS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AFHS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
18. Changes to Terms
AFHS reserves the right, in its sole discretion, to change the Terms under which the Site is offered with or without notification. The most current version of the Terms will supersede all previous versions. AFHS encourages you to periodically review the Terms to stay informed of our updates.
AFH Solutions welcomes your questions or comments regarding the Terms: