1. Parties and Effective Date
This Website Membership Subscription Agreement (“Agreement”) becomes effective on the date the user checks the box indicating their consent (“Effective Date”). By selecting the checkbox, the user affirms that they have read, understood, and agreed to be bound by all terms herein.
This Agreement is entered into by and between 55 Plus Life LLC, located at 3655 W Anthem Way, Suite A109-386, Phoenix, Arizona 85086 (“Provider”), and the individual or legal entity completing the registration process (“Member”).
2. Definitions
“Member” refers to any individual or entity that completes the registration process and affirms consent by checking the agreement and consent box. The act of selecting the consent box constitutes acceptance of this Agreement.
3. Purpose and Scope
Provider operates a membership-based platform at www.fiftfivepluslife.com (“Platform”), which connects individuals seeking to list vacancies in group homes, assisted living, continuing care retirement centers, or fifty-five plus independent living communities (“Vacancies”). This Agreement governs Member access and use of the Platform’s membership tools and services.
4. Membership Access
Upon subscription, Member gains access to Platform features, including:
- Creating and managing vacancies
- Messaging with other users
- Payment processing tools
- Profile visibility
- Customer support services
Access is granted once registration and required acknowledgments are completed, including Terms & Conditions and HIPAA acknowledgment.
5. Subscription Term and Renewal
Membership begins on the date the first payment is made and renews automatically on a monthly basis. Either party may cancel anytime through the Member dashboard. No refunds or prorated billing apply unless required by law.
6. Fees and Payment
Member agrees to pay $125 per month plus applicable taxes. Fees are automatically processed and non-refundable unless otherwise required by law.
7. Member Responsibilities
Member agrees to:
- Provide accurate and complete listing information
- Maintain current contact and payment information
Comply with Platform policies, including Community Standards and Cancellation Policies - Respond to all inquiries within two (2) hours between 9:00 a.m. and 7:00 p.m., seven days a week
- Respond to inquiries received after 7:00 p.m. no later than 10:00 a.m. the next calendar day
Automated Reminder System:
Members receive automated email/SMS alerts at inquiry time and reminders at the 60- and 90-minute marks for pending inquiries.
Response Compliance and Penalties:
- One violation in a rolling 15-day period → Written warning + removal from featured listings for one month
- Two violations in a rolling 30-day period → Second warning + suspension of listings for up to 72 hours
- Three violations in a rolling 30-day period → Termination without refund
- No response within 24 hours → Removal of vacancy + termination
A daily summary of overdue responses appears in the Member Dashboard.
Members offering services or accommodations must comply with all local laws, regulations, licensing, and tax obligations.
8. Prohibited Conduct
Member may not:
- Use the Platform for any illegal purpose
- Circumvent fees through off-platform transactions
- Misrepresent identity, qualifications, or vacancies
- Engage in abusive, harassing, or fraudulent behavior
- Use messaging features for non–vacancy-related communication
9. Intellectual Property
All Platform content, including text, graphics, logos, software, and data, is property of Provider. Member receives a limited, non-transferable license for Platform use in accordance with this Agreement.
10. Suspension and Termination
Provider may suspend or terminate Member access for violations, non-payment, or conduct harmful to users or the Platform. Upon termination, Member loses access to tools, data, and active listings.
11. Privacy and Data Protection
Member information is used per Provider’s Privacy Policy. Personal information will not be sold, rented, or traded to third parties for marketing purposes.
Personal information is used solely for:
- Communication regarding services
- Connecting Members with selected vendors or properties
- Improving Platform operations
- Compliance with legal or regulatory obligations
Limited information may be shared only when necessary to fulfill a service requested by the Member or if required by law.
12. Limitation of Liability
Provider does not guarantee tours, occupancy, placement, or income. Provider is not liable for disputes between Members or loss of income, data, or business resulting from Platform use. Total liability shall not exceed fees paid in the past
twelve (12) months.
13. Dispute Resolution (Arizona Law)
- Good-Faith Efforts: Parties agree to attempt informal resolution while complying with HIPAA, the Arizona Medical Records Act, and confidentiality requirements.
- Mediation: If unresolved within 10 business days, parties shall participate in non-binding mediation in Maricopa County, Arizona.
- Arbitration: If mediation fails, disputes proceed to binding arbitration under AAA rules in Arizona.
- Covered disputes include all matters arising from membership, subscriptions, fees, privacy, and service expectations.
- Emergency Relief: Parties may seek temporary court relief in Arizona for immediate harm.
- Continued Cooperation: Parties shall act in good faith during dispute processes.
- Governing Law: Arizona law applies.
14. Governing Law
This Agreement is governed by Arizona law, excluding conflict-of-law principles.
15. Entire Agreement
This Agreement, along with the Terms of Use and Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior understandings.