Arbitration Agreement

This Arbitration Agreement (“Agreement”) is entered into between you (“User”) and ShadowNurse, Inc. (“ShadowNurse,” “we,” “us”). By using ShadowNurse’s services, website, or platform, you agree to be bound by the terms of this Agreement.

Agreement to Binding Arbitration

You and ShadowNurse agree that any dispute, claim, or controversy arising out of or relating to your use of ShadowNurse’s services, website, or platform, or these terms (collectively, “Disputes”), will be resolved exclusively through final and binding individual arbitration, rather than in court, except as otherwise provided in this Agreement.

By agreeing to arbitration, both you and ShadowNurse waive the right to a trial by jury or to participate in a class action.

Scope of Disputes Covered

This Agreement covers all Disputes between you and ShadowNurse, including but not limited to:

• Claims arising from or relating to any aspect of the relationship between you and ShadowNurse
• Claims related to the services, content, or functionality of the ShadowNurse platform
• Claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory
• Claims that arose before this or any prior agreement between us
• Claims that may arise after the termination of this Agreement

Arbitration Process

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitration will be conducted by a single, neutral arbitrator. The arbitrator will have exclusive authority to resolve all Disputes, including the scope and enforceability of this Agreement.

Unless you and ShadowNurse agree otherwise, the arbitration will take place in Clark County, Nevada, or may be conducted via telephone or videoconference at the request of either party.

Fees and Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules. If the arbitrator finds that you cannot afford to pay your share of the arbitration fees and cannot obtain a waiver of fees from the AAA, ShadowNurse will pay them for you. ShadowNurse will not seek reimbursement of its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim was frivolous.

Opt-Out Mechanism

You may opt out of this Arbitration Agreement within 30 days of first accepting these terms or creating a ShadowNurse account, whichever comes first. To opt out, you must send a written notice to:

• Email: hello@shadownurse.com
• Mail: ShadowNurse, Inc., 1930 Village Center Circle #3-6933, Las Vegas, NV 89134

Your opt-out notice must include your full name, address, email address associated with your account, and a clear statement that you wish to opt out of this Arbitration Agreement. If you opt out, all other terms continue to apply. If you do not opt out within the 30-day period, you will be deemed to have agreed to this Arbitration Agreement.

Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdiction of that court, provided the matter remains in small claims court and proceeds only on an individual (non-class, non-representative) basis.

Class Action and Jury Trial Waiver

You and ShadowNurse agree that each party may bring Disputes against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

The arbitrator may not consolidate more than one person’s claims, may not preside over any form of representative or class proceeding, and may not award relief to anyone other than the individual party seeking relief.

If this class action waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, and the Dispute will be decided by a court.

Severability

If any provision of this Arbitration Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.

Changes to This Agreement

ShadowNurse may update this Arbitration Agreement from time to time. We will notify you of material changes by posting the updated Agreement on our website with a revised effective date. Your continued use of ShadowNurse’s services after such changes constitutes your acceptance of the updated Agreement. Any changes will not apply to Disputes that arose before the effective date of the updated Agreement.

Contact Us

If you have questions about this Arbitration Agreement, please contact us at hello@shadownurse.com or call 505-535-5255.