Terms and Conditions

1. Who We Are — and Who We Are Not

PBS provides non-attorney Medicaid application preparation, processing, and logistics services. Since 1996, we have assisted families, long-term care providers, and licensed attorneys with the documentation, filing, and administrative management of Florida long-term care Medicaid applications and related benefit matters.

PBS is not a law firm, and we are neither attorneys nor paralegals. We do not provide legal advice, prepare legal documents, or represent clients in legal proceedings. Medicaid planning frequently involves questions of real estate, tax, insurance, probate, and estate law that require the advice of a licensed attorney. Where legal advice or legal document preparation is required, PBS works alongside independent licensed attorneys who are selected and engaged directly by the client. Nothing on this Site, and no communication with PBS, creates an attorney-client relationship.

2. Informational Content — No Advice

The content on this Site — including articles, guides, white papers, videos, calculators, webinars, and examples — is provided for general educational and informational purposes only. It does not constitute legal, tax, financial, investment, or medical advice, and it is not a substitute for individualized guidance from a licensed attorney, tax professional, financial advisor, or physician. Medicaid rules, income and asset limits, and agency policies change frequently and are applied to the specific facts of each case. Do not act or refrain from acting on the basis of Site content without obtaining advice appropriate to your circumstances.

3. Calculators and Interactive Tools

The Site offers interactive tools such as the Spouse Income Calculator and the ALF Affordability Calculator. These tools produce estimates based on the figures you enter and on program standards that change periodically. Results are illustrative only, are not a determination of eligibility or benefit amounts, and are not a promise of any outcome. Only the responsible government agency can determine eligibility.

4. Results, Testimonials, and Guarantees

Statistics, case results, and testimonials appearing on the Site reflect the experiences of specific clients under their specific facts. Past results do not guarantee or predict a similar outcome in any other matter, and outcomes depend on individual circumstances, agency processing, and factors outside our control.

Any reference on the Site to a satisfaction or money-back guarantee is a summary only. The terms, conditions, and scope of any guarantee, and of our fees and refund practices, are stated exclusively in the written Service Agreement between PBS and the client, which controls over any Site description.

5. Eligibility to Use the Site; Electronic Communications

The Site is intended for adults. If you are under 18, you may use the Site only with the involvement of a parent or guardian. By visiting the Site or communicating with us electronically, you consent to receive communications from us electronically, and you agree that agreements, notices, and disclosures we provide electronically satisfy any legal requirement that such communications be in writing.

Please do not submit Social Security numbers, financial account numbers, or medical records through the Site’s general contact forms. Clients receive instructions for transmitting case documents securely after engagement.

6. Accounts and the Professionals Portal

Certain features, including our professionals portal, require credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and you agree to notify us promptly of any unauthorized use. Accounts may not be shared, assigned, or transferred. We may suspend or terminate access, refuse service, or remove content at our reasonable discretion, including for suspected misuse or security concerns.

7. Acceptable Use

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with anyone else’s use of it. You agree not to attempt to gain unauthorized access to any portion of the Site, other accounts, or any systems or networks connected to the Site; not to scrape, harvest, or collect information about others without authorization; and not to obtain or attempt to obtain materials or information through means not intentionally made available through the Site.

8. Intellectual Property

The Site and its content — including text, graphics, logos, images, videos, calculators, guides, and the compilation of all of the foregoing — are the property of PBS or its licensors and are protected by copyright, trademark, and other intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Site and to view and download content for your personal, non-commercial use. You may not modify, publish, republish, transmit, sell, create derivative works from, or otherwise exploit Site content without our prior written permission, and you may not remove or alter any proprietary notices.

9. Third-Party Sites and Services

The Site may contain links to third-party websites and services, and certain Site functionality (such as scheduling, payment processing, and video hosting) is provided by third parties. We do not control and are not responsible for third-party sites or services, and a link does not imply endorsement. Your use of third-party sites and services is governed by their own terms and privacy policies, which we encourage you to review.

10. User Submissions

If you submit reviews, comments, testimonials, or other content to us or post about PBS on public platforms, you grant PBS a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with our business, including on the Site, unless you tell us otherwise. If you wish to update or remove a testimonial you provided, contact us using the information below and we will honor reasonable requests. Do not submit content that is unlawful, defamatory, infringing, or that discloses another person’s private information without authority.

11. Disclaimer of Warranties

THE SITE AND ALL CONTENT, TOOLS, AND MATERIALS ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PBS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CONTENT IS CURRENT, ACCURATE, OR COMPLETE. SITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PROGRAM RULES AND FIGURES REFERENCED ON THE SITE CHANGE OVER TIME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PBS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PBS’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS SECTION APPLIES TO THE SITE ONLY; LIABILITY IN CONNECTION WITH PBS SERVICES IS ADDRESSED IN THE APPLICABLE SERVICE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

13. Indemnification

You agree to indemnify, defend, and hold harmless PBS and its officers, directors, employees, and agents from and against any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your misuse of the Site, content you submit, or your violation of applicable law or the rights of any third party. PBS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Dispute Resolution; Arbitration; Class Action Waiver

Any dispute arising out of or relating to these Terms or your use of the Site that the parties cannot resolve informally shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (or a similar service the parties agree upon) before a single neutral arbitrator, at a location mutually agreed upon by the parties or, absent agreement, in Polk County, Florida. The Federal Arbitration Act governs the interpretation and enforcement of this provision, and the arbitrator shall decide the scope and enforceability of this arbitration provision. Judgment on the award may be entered in any court of competent jurisdiction. In any arbitration or proceeding arising out of these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. This provision survives termination of these Terms. Nothing in this Section prevents either party from seeking relief in small claims court for disputes within its jurisdiction.

ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU AND PBS EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to Section 14, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Polk County, Florida for any matter not subject to arbitration.

16. Termination

We may suspend or terminate your access to the Site or any portion of it at any time, with or without notice, including for violation of these Terms. Sections that by their nature should survive termination — including Sections 8 and 11 through 15 — will survive.

17. General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between you and PBS regarding use of the Site and supersede all prior communications regarding the Site; they do not supersede or modify any Service Agreement. No joint venture, partnership, employment, or agency relationship exists between you and PBS as a result of these Terms or your use of the Site. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable (or severed if it cannot be), and the remainder will continue in effect. Our failure to enforce any provision is not a waiver. A printed version of these Terms and of any electronic notice will be admissible in judicial or administrative proceedings to the same extent as other business records. It is the express wish of the parties that these Terms and all related documents be written in English.

18. Changes to These Terms

We may revise these Terms from time to time. The current version, identified by the Effective Date above, will be posted on the Site and supersedes all prior versions. Your continued use of the Site after a revision takes effect constitutes acceptance of the revised Terms.

19. Contact Us

Platinum Benefit Services, Inc.

P.O. Box 8087, Lakeland, FL 33802

Telephone: 800-582-1934