Welcome to YourPath.care (“YourPath,” “we,” “us,” or “our”). YourPath operates a free online service that helps older adults and their families identify and connect with senior living communities, such as independent living, assisted living, and memory care communities (“Communities”). These Terms of Service (“Terms”) govern your access to and use of our website, content, and services (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Please read Sections 2 and 3 carefully. They explain how YourPath is paid — including that Communities pay YourPath a fee in connection with people we refer — and that YourPath is not a senior living community, healthcare provider, or government agency and does not provide medical, legal, or financial advice. Section 11 contains a binding arbitration agreement and a class-action waiver that affect your legal rights.
1) Eligibility & Accounts
- Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction).
- Account Info. Provide accurate information and keep it updated. You are responsible for activity on your account.
- Information about others. If you provide information about another person (for example, a parent or other family member), you represent that you have the authority to provide that information and to receive communications on their behalf.
2) How YourPath Works; Referral Fee Disclosure
This Section describes our business model. We believe in being transparent about how we are paid.
- What we do. You complete a questionnaire, and YourPath suggests one or more Communities that may fit the needs and preferences you describe. We may help arrange tours and connect you with Communities.
- The Services are free to you. YourPath does not charge consumers a fee to use the Services.
- How we are paid. Participating Communities pay YourPath a fee in connection with people YourPath refers to them. The specific terms of those arrangements are between YourPath and each Community.
- Our recommendations are limited to our partner network. The Communities we present to you are drawn from YourPath's network of partner Communities that have an agreement with us. They are not a comprehensive list of all senior living options available to you. Other Communities exist that we do not show.
- We have a financial interest in your choice. Because Communities pay us, YourPath has a financial interest in your selecting a partner Community. You are always free to choose any Community — including Communities not in our network — or none at all, and you may stop using the Services at any time.
- Private-pay focus. YourPath's referral model is designed for private-pay placements. If you intend to rely on Medicare, Medicaid (including Medicaid waiver programs), or other federal or state healthcare program funding for senior living care, please tell us — different rules apply, and we may not receive, and will not accept, a referral fee in connection with such a placement.
- State-specific disclosures. Depending on the state in which you or the Community is located, YourPath will provide you with a separate written disclosure at or before the time of a referral, and may ask you to acknowledge it. That disclosure governs alongside these Terms. Nothing in these Terms waives or limits any disclosure, consumer-protection, or other right provided to you by applicable state or federal law.
3) Not a Provider; No Professional Advice
- YourPath is not a senior living community, assisted living facility, healthcare provider, placement decision-maker, government agency, or licensed medical, legal, or financial professional.
- Information provided through the Services is for general informational purposes only and is not medical, legal, or financial advice. You should consult appropriate licensed professionals about your specific situation.
- YourPath does not inspect, license, supervise, staff, or guarantee any Community. We encourage you to tour Communities, review state licensing records and inspection reports, and make your own independent evaluation before making any decision.
4) Acceptable Use
You agree not to misuse the Services, interfere with their operation or security, reverse-engineer or decompile the Services, or use the Services to violate any law or any third party's rights.
5) Your Submissions, License & How We Use Your Information
If you submit content or information to us (“User Content”), you grant YourPath a limited, non-exclusive, royalty-free license to use, host, store, reproduce, and display that User Content as needed to operate, provide, secure, improve, and market the Services and to facilitate the referrals and connections you request, in each case in accordance with our Privacy Policy and applicable law.
How we use and share the information you provide. We use the information you submit to operate and provide the Services, and we share it as follows:
- We share the information you provide with the Communities we match you with, so that those Communities can contact you and assist you; and
- We use your contact information to create marketing audiences (including similar-audience targeting) with advertising platforms, in order to promote YourPath and the Services.
Other than as described above, we do not currently provide your personal information to other third parties for their own independent marketing. Our data practices may change over time. How we collect, use, and share your personal information — including, where applicable under privacy laws, any “sale” or “sharing” of that information, the choices available to you, and how to opt out — is described in our Privacy Policy, which controls on those subjects and which we may update from time to time.
You represent that you have all rights necessary to submit your User Content, that it does not infringe any rights or violate any law, and that any information you submit about another person was provided with that person's authority.
6) Referrals, Partner Communities & Third-Party Links
- We may present, match, or refer you to Communities and other third-party providers and resources.
- A recommendation reflects the information you provide and the Communities in our partner network. It is not an endorsement, and it is not a determination that a Community is suitable, safe, or appropriate for you or your family member.
- We do not control or endorse third-party offerings and are not responsible for their content, terms, privacy practices, services, or the quality, safety, or availability of care.
- You are responsible for conducting your own due diligence. Use third-party services at your own risk, and review their terms and policies.
7) Communications Consent
By providing your contact information, you agree that YourPath may contact you about the Services, your requests, and your referrals — including by email, phone call, and text message.
- Sharing with partner Communities. To provide the referrals you request, we will share your contact information with the partner Communities we recommend to you, and those Communities and their representatives may contact you directly. You may ask YourPath or any Community to stop contacting you at any time.
- Marketing calls and texts using automated technology. YourPath will obtain your separate, express consent before sending marketing or telemarketing calls or text messages that use an automatic telephone dialing system or a prerecorded or artificial voice. That consent is not a condition of using the Services or of receiving a referral, and you may revoke it at any time (for text messages, by replying STOP; otherwise by contacting us at hello@yourpath.care). Message and data rates may apply.
For details on how we use and share the information you provide, see Section 5 and our Privacy Policy.
8) Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT GUARANTEE RESULTS OR AVAILABILITY, AND WE DO NOT GUARANTEE THAT ANY MATCH OR REFERRAL WILL MEET YOUR NEEDS OR THAT ANY COMMUNITY IS SUITABLE, SAFE, OR OF ANY PARTICULAR QUALITY.
9) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOURPATH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $1,000.
Some jurisdictions do not allow certain limitations, and nothing in these Terms limits liability that cannot be limited under applicable law; some of the above may not apply to you.
10) Indemnification
You agree to defend, indemnify, and hold harmless YourPath from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services or your violation of these Terms, except to the extent such claims arise from YourPath's own violation of law.
11) Dispute Resolution; Arbitration; Class Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL, AND IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES.
- Binding Arbitration. Except as provided below, any dispute arising out of or relating to the Services or these Terms shall be resolved by confidential, binding, individual arbitration, rather than in court. The arbitration shall be administered by a recognized arbitration provider under its consumer arbitration rules, and judgment on the award may be entered in any court of competent jurisdiction.
- Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property or unauthorized-access claims. Nothing in this Section prevents you from reporting concerns to a government agency.
- Class Waiver. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
- 30-Day Right to Opt Out. You may opt out of this arbitration agreement and class waiver within 30 days of first accepting these Terms by emailing hello@yourpath.care with the subject “Arbitration Opt-Out” and including your name, the email tied to your account, and a statement that you are opting out. Opting out will not affect any other part of these Terms.
- Severability. If the Class Waiver is found unenforceable as to a particular claim, that claim shall proceed in court; the rest of this Section remains in effect.
- Governing Law / Venue. These Terms are governed by the laws of the State of California (without regard to conflicts rules), and, with respect to arbitration, by the Federal Arbitration Act. If arbitration is found inapplicable to a dispute, exclusive venue shall be the state or federal courts located in San Diego County, California.
12) Termination
We may suspend or terminate access at any time for any reason. Sections intended to survive (for example, licenses, disclaimers, limitation of liability, indemnity, and dispute resolution) will survive termination.
13) Changes to the Services or Terms
We may modify the Services and update these Terms. We will post updates with a new “Last Updated” date. Continued use after changes means you accept the updated Terms. If a change is material, we will take reasonable steps to provide additional notice.
14) State-Specific Disclosures
Several states regulate senior living referral and placement services. Where applicable, YourPath will provide additional disclosures required by your state at or before the time of a referral, and these Terms are supplemented by — and do not override — those disclosures and any rights provided to you under applicable state law.
15) Miscellaneous
- Entire Agreement. These Terms, the Privacy Policy, and any state-specific disclosure provided to you are the entire agreement between you and YourPath regarding the Services.
- Severability. If any provision is invalid, the rest remains in effect.
- Assignment. You may not assign these Terms; we may.
- No Waiver. Failure to enforce is not a waiver.
- Contact. Questions about these Terms: hello@yourpath.care.