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I agree to MySeniorCare.com's Terms of Service. This document (the “Terms of Service”,) explains how we will work together and governs the relationship between you, the Provider, and MySeniorCare®. Please contact us if you have any questions. By submitting profile information and making use of our service you agree, for yourself and on behalf of your company (“you” or “your” or “Provider”), to the terms of this Agreement and you acknowledge that you have read and fully understand this Agreement. 1. MySeniorCare LLC (“Company”) is an information and publishing company serving consumers, professionals, associations, private and government organizations. As managers of provider information across multiple categories of services, the Company provides data quality assurance, publishing and promotional marketing services that match requests from potential customers (“Users or Buyers”) with providers who offer housing, home care, financial, legal, adult day care, transportation, clinical, or other products or services that may be able to meet User’s needs. MySeniorCare also licenses its provider database to third parties, collectively referred to as the Affiliate Network. MySeniorCare’s Affiliate Network partners and licensees act as the venue for Users to source and screen provider options that best meet their needs using detailed data collected and maintained by the Company. 2. Member Administrator. By completing a Profile in the MySeniorCare system, you agree to designate at least one person on your Profile that is authorized to create, update or delete information as your Member Administrator and who has the authority to elect listing upgrades, authorize payment, and act as the single point of accountability between MySeniorCare® and your organization. In addition, the Member Administrator is authorized to create and manage other users within your business organization. You agree to defend, indemnify and hold MySeniorCare and its shareholders, officers, directors, employees, successes and assigns harmless (including attorney’s fees and costs) from any claims that arise out of your or the Member Administrator’s failure to maintain accurate information on your Profile or take actions authorizing payment or action on the part of MySeniorCare. 3. Profile. By submitting information through a Profile, you are expressly granting to MySeniorCare a universal perpetual, transferable, irrevocable license to use, display, sell, rent, copy or otherwise distribute this information to its clients, licensees, partners and affiliates. You expressly warrant that you are authorized to submit such information and that all information submitted is true and accurate in every respect. You also agree to update and maintain this information to the best of your ability. If provider data is not sourced by MySeniorCare from a recognized regulatory agency or otherwise known and authenticated source, MySeniorCare reserves the right to request third party documentation to support representations made by provider. 4. Display and use of Information. Once your information is submitted to MySeniorCare, it is eligible to be licensed, published and displayed on a variety of websites, applications and other publishing mediums. MySeniorCare reserves the right to remove your information from its network at any time and for any reason, as do all of its partners, subsidiaries and licensees. All information submitted to MySeniorCare becomes property of MySeniorCare, who, in its sole discretion, shall determine what portion of your information submitted, if any, is made available on any of its participating publishing venues or partner venues. 5. Confidentiality & Privacy. You agree that this Agreement and all user registration and subscription forms/information are confidential and will not be shared with or disclosed to third parties. You agree to fully comply with all regulations and commitments that govern your industry, including, but not limited to, all privacy and confidentiality regulations and laws. 6. Referrals. You understand and agree that MySeniorCare is not a referral agency or endorsement service. We do not coordinate direct service placement or contracts between consumers and providers. We do not pay for services on behalf of consumers. We have no part in, and take responsibility for, the final decisions of any consumer or professional advocate regarding their selection of service providers. MySeniorCare may forward or cause to be forwarded consumer or professional inquiry information to a listed provider. This information is the property of MySeniorCare and may not be used for any purpose other than the direct response and handling of an authorized member of the Provider’s staff. Consumer inquiry information or “Inquiries” may not be re-sold, packaged, data-mined or otherwise commercially marketed to any third party. Any attempt to do so is cause for immediate termination of any or all agreement(s) by MySeniorCare. 7. Intellectual Property. You agree that all data, content, photographs, video tours, audio files, and any other materials created (i.e. your completed Profile Form) by or for you and provided to MySeniorCare (the “Profile Content”) will be owned exclusively by MySeniorCare, except for content licensed by you or others that is provided for use on the MySeniorCare service and your Profile. If your trademark or service mark appears in your Profile, you grant to MySeniorCare the perpetual and transferable right to use your mark(s) in the MySeniorCare service and in our marketing and promotional materials. 8. Other Promises. You represent and warrant: (i) that you are in compliance with all state and federal laws and regulations that govern your industry or services; (ii) that the information you provide for your Profile is accurate and up-to-date, and that the person that completes and signs your Profile is authorized to do so on your behalf (iii) that you have the right to convey all rights in and to any information, content and materials you provide to MySeniorCare for use on the MySeniorCare service, as well as having the rights to all updates thereto that are provided to MySeniorCare (iv) that you have the right to allow MySeniorCare to use all trademarks or service marks that may appear on your Profile. You agree to indemnify, defend and hold MySeniorCare and its shareholders, officers, directors, employees, successors and assign harmless (including attorneys’ fees and costs) from any allegations claiming a breach of the promises in this Agreement. 9. Termination of Listing. You agree to inform MySeniorCare immediately upon receipt of any notice from any local, state or federal agency that indicates that you are no longer able to legally provide the service you have profiled on MySeniorCare, or that your company is in receipt of any notification to cease and desist professional services for any reason whatsoever. MySeniorCare reserves the right to terminate or remove any or all information from its data service and associated websites for any reason whatsoever without notification to the Provider or Member Administrator. 10. Limitation of Liability. THE MySeniorCare® SERVICE IS PROVIDED “AS IS.” MySeniorCare DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither party shall be liable to the other for lost profits or special, incidental, statutory, consequential or punitive damages, or cost of procurement of substitutes, arising out of or in connection with this Agreement or the relationship between the parties. You agree that the maximum liability MySeniorCare shall have to you in law, tort, equity or under any state or federal statute or regulation shall be the greater of the total amount you paid MySeniorCare in the immediate 6-month period, or $5.00. Some states or jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or indirect damages, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You assume all responsibility for compliance with applicable local, state, and federal laws involving misuse, mishandling, or improper usage of storage of consumer information obtained through the MySeniorCare service. 11. Disputes and Governing Law. This Agreement and the relationship between MySeniorCare® and you, your employees shall be governed by Michigan law without regard to its conflict of law principles. If any disputes arise, the parties shall appoint a single authorized person to attempt to resolve the issue on the phone with the other through good faith discussions and negotiations. If either party believes the other is in material breach of this Agreement, then that party must give the other written notice of the issue and allow 30 days to cure. No lawsuits shall be filed during this 30-day period. All lawsuits between the parties shall be filed exclusively in the state or federal courts sitting in Oakland County, Michigan, and the parties consent to the exclusive venue and jurisdiction of such courts. The prevailing party in any such action will be awarded its reasonable attorneys’ fees and costs incurred in any such dispute, including all fees and costs incurred on appeal or in the collection of any judgment. 12. Communication. The Parties agree that phone calls related to this Agreement may be recorded by either party for quality assurance and analysis purposes. No legally binding action will be taken by either Party without a written agreement between the Parties. 13. Indemnification. Provider agrees that under no circumstances will MySeniorCare be held responsible or liable in any way for the following: 1) Any debts owed to Provider by consumer referred by MySeniorCare, 2) the resolution of any dispute between Provider and consumer, 3) Any other damages or liabilities arising from services performed or relationships developed as a result of referral. 14. Term & Termination. The initial term of this contract is 12 months, and will automatically renew after such 12 month period has passed. Either Party has the right to terminate this Agreement at any time. Provider’s termination is contingent upon a request delivered via e-mail, postal mail or fax. 15. Successors. The obligations and rights of the parties pursuant to this agreement shall bind and inure to the benefits of the successors, assigns, heirs and legal representatives of the respective parties. 16. If the Provider chooses to become a Premium Listing, the Provider agrees to the following terms and conditions: A. General Terms. Provider agrees to the purchase of Inquiries. Provider has the option to pause or cancel the account at any time and for any reason. Provider agrees to pay all charges identified on the face of this Agreement. All claims of errors in invoices must be made within thirty (30) days of the date of the invoice. If this agreement is referred to an attorney or agency for collection or refund, the prevailing party shall be entitled to recovery of their legal fees and expenses, in addition to any other applicable remedies. No acceptance by MySeniorCare of any payment or instrument marked with any restrictive or other limit or conditional endorsement shall be deemed a waiver of any rights MySeniorCare may have or reserve. B. Inquiries. An Inquiry is defined as a consumer request for senior care services, submitted through the MySeniorCare Network, by telephone or internet submission. Such a request is comprised of a unique combination of personal information, care type desired, and the time submitted. MySeniorCare shall not generate Inquiries for Provider by telemarketing. All Inquiries shall be the result of contact initiated by the potential customer. MySeniorCare shall generate Inquiries hereunder in compliance with all applicable laws. C. Inquiry Delivery. An inquiry is considered delivered when it first appears in MySeniorCare’s Inquiry Management System. Provider agrees that monitoring the Inquiry Management System is the only valid way of determining inquiry delivery. MySeniorCare will make recordings of each phone call delivered to Provider available in MySeniorCare’s Inquiry Management System. If elected by Provider, MySeniorCare will also announce by e-mail the availability of each call recording delivered to Provider. MySeniorCare will also provide email, xml and text message delivery of form inquiries to participating cell phone carriers as a courtesy, if elected by the Provider. Neither email, xml nor text messaging are guaranteed, nor do they constitute valid delivery of a form inquiry. MySeniorCare will not be responsible for email, xml or text message delivery failures of any kind. Email, xml and text message delivery are simply courtesy services. MySeniorCare agrees to make commercially reasonable efforts to deliver a majority of form submission inquiries within 24 hours. Any Inquires sold to Provider hereunder shall be sold exclusively to Provider and shall not be delivered to any other provider of the services Provider lists in its profile. D. Volume & Territory. Provider acknowledges that MySeniorCare does not guarantee inquiry volume. Provider’s campaign territory coverage is defined in its account (“Provider’s Account”). Parties to this Agreement agree that a inquiry which is matched to Provider based on their inquiry category subscriptions (Housing, Home Care, etc) and territory regions will not be delivered to any other party. The territory can be shared, but the inquiries will always be Exclusive. Provider may request a change in the assigned territory at any time. Such changes will be effective upon written agreement by an authorized representative of MySeniorCare. E. Membership Fee, Inquiry Pricing, Billing & Payments. Provider agrees to pay MySeniorCare a one time network membership fee as defined in the Premium Listing pricing information shown on Provider’s account or MySeniorCare’s website (“Premium Pricing Information”). Provider agrees to pay MySeniorCare for each Inquiry delivered by MySeniorCare to Provider at the rates set forth in the Premium Pricing Information. Provider will make a deposit in the amount set forth in Premium Pricing Information to fund their account. Inquiry fees will be deducted from Provider's available credit. Upon depletion of Provider's available credit, Provider’s account will be billed an additional deposit. Provider may request a refund of their credit at anytime. F. Network Membership. Membership within the MySeniorCare Network includes: (1) Prescreening, licensing, insurance and background investigation of Provider, (2) Registration, setup and configuration in MySeniorCare’s internal inquiry system, (3) A dedicated MySeniorCare account representative to oversee all account issues including billing, returns, etc., and (4) Lifetime membership G. Refunds & Returns. Credit will be issued only for Inquiries which meet any of the following criteria: (1) Inquiries initiated by minors (under the age of 18), (2) Inquiries duplicated within this Agreement including repeat phone calls (within 30 days), (3) All contact information provided by the consumer is wrong, (4) Inquiry delivered does not match Provider's profile data specified in Provider’s Account, (5) Consumer described in Inquiry is seeking employment with a senior housing or home care company, (6) Phone calls lasting less than one minute unless contact information between the Provider and consumer is exchanged, (7) Phone call connection is never established (including continuous ringing and busy signal), (8) Voice mail messages without information about the Consumer’s name AND phone number, (9) A competitor testing the system Parties to this agreement agree that inquiries which do not close for sales-based arguments (price, options, payment method, preference, timing of purchase, financial qualification, etc) are not valid for credit. Requests for credit (“Return Requests”) must be submitted by Provider through Provider’s Account. Return Requests must be received within thirty (30) days of inquiry delivery in order to be valid for consideration. MySeniorCare will verify the validity of all claims, and credit for all approved Return Requests will be issued in the form of replacement inquiries. MySeniorCare reserves sole discretion as to determine validity of a Return Request. If MySeniorCare, in its sole discretion, concludes that Provider’s claim is invalid, the inquiry (charge) will continue to appear on statements until payment is received. H. Future Pricing. MySeniorCare reserves the right to change the rate per lead with Provider with a two week notice. If Provider is not amenable to such rate changes, either party may immediately terminate this Agreement. I. Amendments. This contract constitutes the only agreement between the Provider and MySeniorCare in regards to Inquiry services. Provider hereby acknowledges that no representations, agreements, or promises whatsoever have been made to the Provider other than those specifically stated herein. MySeniorCare advertising representatives are not authorized to amend the terms of this contract or the MySeniorCare rate card, either orally or in writing. Each Party signing this contract, on behalf of the represented, warrants that such Party has full authority to do so. No modification or change hereof shall be valid or effective unless in writing and signed by both Provider and MySeniorCare. Notwithstanding the foregoing, MySeniorCare may issue amendments to this Agreement by delivering such amendment to Provider by certified mail or email with return receipt. MySeniorCare will submit amendments to the email address or postal address designated in Provider’s Account. Proposed amendments will automatically operate, in conjunction with this Agreement, in full force and effect 7 days after confirmed delivery to the other party. If Provider does not agree to the terms of such amendment, either party may terminate this Agreement at any time, in accordance with Section 14 (Term and Termination).

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