Terms of Paid Visibility

These Terms of Paid Visibility ("Terms") govern the use of paid listing enhancements, upgraded visibility, and promotional offerings ("Paid Visibility Services") on the Texas Hospices platform.

These Terms form a legal agreement between National Hospice Directory LLC, doing business as Texas Hospices ("Texas Hospices," "we," "our," "us") and the participating provider ("Provider," "Agency," or "you"). By purchasing or using Paid Visibility Services, you agree to these Terms.

1. What Texas Hospices Is

Texas Hospices is an informational directory and marketing platform designed to help families find and compare publicly available hospice information.

Texas Hospices is NOT:

• A healthcare provider
• A referral service
• A care coordinator
• A party to medical decision-making
• A covered entity or business associate under HIPAA

We do not request, store, or process Protected Health Information (PHI).

Accuracy and Integrity of Third-Party Data

Texas Hospices does not alter or modify any third-party aggregated data. Medicare Quality Ratings, CAHPS Survey results, Google Reviews, and other publicly sourced metrics appear exactly as published by their original sources. Paid visibility does not influence these scores or modify the way they are calculated or reported.

2. What Paid Visibility Services Include

Paid Visibility Services may include:

• Enhanced placement within search results, local pages, regional pages, and specialty pages
• Tier-specific badges such as Select Sponsor, Featured Sponsor, or Premium Sponsor
• Expanded profile content, including extended "About" sections and SEO-enhanced descriptions
• Additional media features such as photo galleries, video sections, and testimonial displays (availability varies by plan)
• Enhanced presentation of specialty programs and services, including styled program cards or descriptive sections
• Increased review visibility, showing more Google reviews
• Brand and engagement options, including social media links, follow buttons, and provider-uploaded hero images or banners
• Engagement reporting, where included in your plan

Paid Visibility improves advertising visibility and profile features only. It does not change clinical quality metrics or publicly sourced scores.

2A. Advertising Nature of Paid Visibility

Paid Visibility Services are advertising and marketing placements sold for a flat fee. They may improve how prominently a provider appears in the default directory view and may unlock expanded profile content.

Fees are set in advance, are consistent with fair market value for advertising services, and are not determined in any manner by the volume or value of referrals, admissions, or other business generated between the parties. Texas Hospices does not request or receive admission, census, or patient data from providers.

Paid Visibility does NOT:

• change CMS ratings, CAHPS scores, licensing data, Google reviews, or other metrics
• constitute an endorsement or recommendation by Texas Hospices
• create a referral relationship
• entitle the provider to patient leads, admissions, or outcome-based compensation from Texas Hospices

Providers must not represent Texas Hospices as recommending them, referring patients, or guaranteeing admissions.

2B. No Guarantee of Results

Texas Hospices does not guarantee any level of traffic, impressions, profile views, search engine ranking, placement position, or engagement. Any engagement reporting we provide reflects aggregated activity on our platform, is provided for informational purposes, and may be affected by tracking limitations, automated traffic, and third-party services.

2C. Placement and Editorial Control

Texas Hospices retains sole control over site design, page layout, and sort logic. Texas Hospices may limit how many commonly owned providers appear in sponsored positions on one page. Specific positions are not guaranteed.

3. Provider Responsibilities

You agree to:

• Provide accurate and current information about your organization
• Not submit PHI. Testimonials must be de-identified, or submitted only if you have obtained written authorization from the patient or their legal representative that permits public use. Texas Hospices may decline or remove any testimonial at its discretion.
• Ensure compliance with all marketing, advertising, and regulatory requirements applicable to you
• Maintain valid licensing, accreditation, and compliance

Texas Hospices may request revisions or remove content that violates these Terms or applicable law.

3A. Provider Representations and Warranties

You represent and warrant that:

• You own or have all rights, licenses, and permissions needed to submit and allow us to display all content you provide, including text, photos, video, logos, trademarks, and testimonials
• Testimonials are genuine, reflect the honest experience of the person giving them, and are supported by any consent or authorization required by law
• Your content does not infringe any third party's rights and is not false or misleading
• You hold a valid license to provide hospice services in Texas
• Neither you nor your owners or managing employees are excluded, suspended, or otherwise ineligible to participate in any federal health care program, and you will notify us promptly if that changes

3B. Indemnification

Provider will indemnify and hold harmless Texas Hospices and its owners, officers, and employees from claims, losses, and expenses (including reasonable attorneys' fees) arising from Provider-submitted content, Provider's services, or Provider's breach of these Terms.

4. Billing, Renewals and Cancellations

• Plans may be billed monthly or annually, as selected at purchase or as agreed in writing.
• Fees are payable in advance of each billing period by card, or by another payment method offered by Texas Hospices and agreed to by both parties.
• Subscriptions renew automatically for the same billing period unless canceled before the renewal date. Renewal is charged at the then-current price for that plan, unless different pricing or a price-lock period has been confirmed in writing by Texas Hospices.
• You may cancel through the Provider Dashboard or by email to providers@texashospices.com. Cancellation takes effect at the end of the current billing period, and no further charges will be made.
• Fees already paid for the current billing period are nonrefundable unless stated in these Terms or required by law.
• If payment fails or is overdue, we may suspend Paid Visibility Services or convert your listing to a lower plan after notice.

4A. Effect of Cancellation or Termination

When Paid Visibility Services end, paid content and paid placement are removed and your listing reverts to the free Basic profile. Publicly available information, including data from CMS, Texas HHS, and other public sources, remains on the platform.

5. Upgrades, Conversions, and Refunds

• Upgrades take effect within 48 hours of submission.
• A conversion to a lower plan takes effect at the next renewal.
• Fees already paid are not refunded for unused time unless stated in these Terms or required by law.

5A. Suspension, Conversion, and Removal by Texas Hospices

To keep Texas Hospices safe and reliable for the families who use it, we may, at our discretion, suspend or end Paid Visibility Services, convert any of your listings to a Basic profile, or remove any of your listings from Texas Hospices if:

• you lose a license, certification, or accreditation required to provide hospice services;
• you or your owners are excluded from any federal or state health care program;
• you become the subject of a federal or state investigation or enforcement action involving potential fraud, abuse, or patient harm (not including routine surveys, medical reviews, or claims audits); or
• you materially breach these Terms.

Taking action under this section does not mean we have made any finding against you. If we act for a reason other than your breach of these Terms, we may, at our discretion, refund prepaid fees for the unused portion of the current billing period. Any such refund is your only remedy for any action we take under this section.

6. License to Display Provider Content

By submitting content (including descriptions, photos, branding, or testimonials), you grant Texas Hospices a limited, non-exclusive, royalty-free license to display, format, reproduce, and promote your content on the platform while your content is published. Texas Hospices will never publish PHI.

7. Platform Availability

We aim for consistent service availability but may experience interruptions due to maintenance, technical issues, or events beyond our reasonable control.

8. Limitation of Liability

To the maximum extent permitted by law:

• Texas Hospices is not liable for lost admissions, lost revenue, lost profits, or indirect, incidental, special, or consequential damages
• Our total liability is limited to the amount paid by you for Paid Visibility Services in the 12 months before the claim arose

9. Changes to These Terms

We may update these Terms at any time by posting the updated Terms on this page and changing the Last Updated date. Updated Terms apply to existing subscriptions starting with the next billing period after they are posted. Continuing your subscription into that billing period means you accept the updated Terms. You may cancel at any time as described in Section 4. Updates will not change pricing or a price-lock period that Texas Hospices has confirmed in writing.

10. General Terms

• Governing Law and Venue: These Terms are governed by the laws of the State of Texas. The parties consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.
• Written Plan Terms: Texas Hospices and a Provider may agree in writing, including by email, to plan details such as pricing, discounts, price-lock periods, placements, payment method, and authorized users ("Written Plan Terms"). A price-lock period is a start date and an end date, confirmed in writing by Texas Hospices, during which the Provider's fee will not increase.
• Order of Precedence: If there is a conflict, Written Plan Terms control, then these Terms, then our Terms of Service.
• Entire Agreement: These Terms, any Written Plan Terms, our Terms of Service, and our Privacy Policy are the entire agreement between the parties regarding Paid Visibility Services.
• Independent Contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or referral relationship.
• Assignment: You may not assign these Terms without our written consent, except to a successor in a merger, acquisition, or sale of substantially all of the assets of the business operating the listed locations, with notice to us. We may assign these Terms to a successor to our business.
• Severability and Waiver: If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.

11. Contact

Questions: providers@texashospices.com