Terms of Service | ShadowNurse

Welcome and thank you for visiting ShadowNurse! ShadowNurse, Inc. (“ShadowNurse,” “Company,” “we,” “us,” or “our”) operates the websites located at shadownurse.com, shadownurse.net, shadownurse.us, and shadownurse.biz, and other websites, products, services, and mobile applications with links to this Terms of Service (“Terms”), including without limitation the ShadowNurse webpages and secure applications (collectively, the “Sites” or “Websites”, unless otherwise specified).

Users of the Sites or Services are referred below as “Users,” “Members,” “you,” “your,” or “yours.”

Please read these Terms carefully before using the Sites or Services. By visiting or using any of the Sites or Services, you are accepting the practices and provisions described in these Terms, as well as our Privacy Policy and other terms, agreements, statements of rights, consent forms, and policies referenced above. If you do not agree to these Terms, or any of the documents referenced above, please do not use our Sites or Services.

Update to These Terms and Conditions

ShadowNurse’s Sites are owned and operated by ShadowNurse. Our Sites are continually under development and changes to the Sites or Services may be made at any time. We reserve the right to revise or remove any part of these Terms in our sole discretion at any time and without prior notice to you, except where legally required.

Any changes to these Terms are effective upon posting to the Sites, unless otherwise specified. If you disagree with these Terms, your sole remedy is to discontinue your use of the Sites and Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

Services & Information

ShadowNurse does not engage in the practice of medicine. We do offer selective online and in-person services that support members and their selected contacts as they navigate their health and the healthcare system. We offer informational, advocacy, and navigational services that have the goal of empowering our Members and their selected contacts to make their own better-informed choices related to their health, wellbeing, and navigation of the healthcare system, including how they engage with independent healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services (“Clinical Services”).

ShadowNurse and its affiliated employees and contracted professionals, including those working as ShadowNurses (“ShadowNurse Professionals”) do not provide Clinical Services. For Clinical Services that require the practice of medicine, Members must engage with independent healthcare professionals who work in appropriate clinical settings with appropriate clinical licenses (collectively, “Providers”). Such Providers are not employed by us, and are solely responsible for the quality and appropriateness of the care and advice they render to you.

Neither ShadowNurse nor ShadowNurse Professionals provide health insurance. ShadowNurse does not practice medicine or any other licensed profession, and does not dictate the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.

Dial 911 if you are in an emergency life-threatening situation or need emergency medical attention.

General health information that may be provided to you by a ShadowNurse or contained on one of our Sites is not a substitute for professional health care in any circumstance, emergency or otherwise.

The personal information we receive or obtain through your use of the Services may be subject to different state and federal privacy laws, including the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). Descriptions in the Terms and our Privacy Policy regarding our collection, use and disclosure of personal information may be subject to or further restricted by the requirements of these laws.

User Accounts

You are not obligated to register with ShadowNurse in order to access our Sites. However, in order to access Services you must register on the Sites. When you register on the Sites, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by ShadowNurse (collectively “Account Information”).

In order to create an Account, you must be of the legal age to enter into a contract (i.e., be 18 in most states, or be an emancipated minor). If you are not legally able to enter into a contract but you are 13 or older, you must get your parent’s permission and ensure that they have read and agreed to these terms. If you are under 18, some Services may not be available to you without parental involvement.

You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Sites, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of sub-accounts established for children of whom you are the parent or legal guardian).

You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Sites.

Non-Clinical Services

ShadowNurse provides Services that do not involve direct clinical care, such as informational and emotional support, advocacy, and healthcare services navigation (“Non-Clinical Services”). Those Services provided through the ShadowNurse may give physicians and their patients access to additional information which they may or may not choose to utilize in planning medical care. The Non-Clinical Services are not a substitute for primary care and no physician-patient relationship is created by use of the ShadowNurse for those Services.

Non-Clinical Services are also limited. In some cases the online or other nature of the Non-Clinical Service will make it difficult to verify the true nature of a medical condition or other health situation. In all cases, the Non-Clinical Service provided through ShadowNurse will focus on general informational support to the patient and their authorized contacts, which may include their Provider. The decision to focus on diagnosis, treatment recommendation(s), or both rests solely with the treating Provider.

By deciding to engage the Non-Clinical Services through the Sites, you acknowledge and agree that you are aware of the limitations discussed in this section, and agree to assume the risk of these limitations. Furthermore, you agree and accept that:

The information you will receive from ShadowNurse and use of the Non-Clinical Services is delivered with positive intent and with your best interest in mind, though it is necessarily limited and provisional;
The Non-Clinical Services are not intended to replace any part of a medical evaluation or a visit with a Provider or other treating health care provider;
The ShadowNurse professionals providing Non-Clinical Services through ShadowNurse do not have important information that is usually obtained through a physical examination; and
The absence of the context gained in a Clinical setting and examination may affect the ShadowNurse professional’s ability to fully understand your condition, disease, injury, or other important characteristics of your particular medical and/or health situation.

Fees & Purchase Terms

Some ShadowNurse Services incur a fee. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

ShadowNurse offers no guarantee that you will qualify for or receive any monetary (or other) reimbursement from any third party. Insurance should not be expected to cover payment for any ShadowNurse Services and you hereby acknowledge and agree that you shall be personally responsible for all incurred expenses.

We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms.

You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.

Privacy & Communications

Privacy

Please see ShadowNurse’s Privacy Policy for additional information.

Short Message Service (SMS)

ShadowNurse and its affiliates may contact you by short message service (“SMS”) text message as a means to providing you and your authorized contacts with ShadowNurse Services, including Non-Clinical Services as well as regarding your account or the Services to provide appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“SMS Communications”). These SMS Communications are considered part of the Services and your account.

By agreeing to these Terms and providing your telephone number to us or our affiliates, you: (i) consent to receive SMS Communications from or on behalf of us or any of its affiliates at the telephone number you provide; and (ii) acknowledge and agree that your information may be processed in accordance with, and you are to be bound by, our Privacy Policy.

You can stop receiving SMS Communications at any time by texting “STOP” to the number from which you receive the SMS Communications, or by contacting us at hello@shadownurse.com or by calling 505-535-5255.

Other Communications

You agree that we may send to you additional communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration, (2) push notifications on your tablet or mobile device, or (3) by posting communications on the Sites.

You acknowledge that text messages and emails are not always secure and there is a risk that such messages and emails will be intercepted because they travel over networks that we do not control. By providing us with your cell phone number and email address, you agree that we may communicate with you about the particulars of your medical situation, health, or wellbeing by text message, phone, and email, despite these risks.

Termination

You may deactivate your Account and end your registration at any time, for any reason by sending an email to hello@shadownurse.com. ShadowNurse may suspend or terminate your use of the Sites, your Account and/or registration for any reason at any time.

Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies.

Children

ShadowNurse’s Sites are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access our Sites at any time or in any manner. By using our Sites, you affirm that you are over the age of 13.

If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible, except where prohibited by applicable law.

Sites Security & Acceptable Use

Security

ShadowNurse’s Sites require users to create unique identifiers (such as a username and password) in order to log into many areas of the Sites. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users.

To help protect the privacy of data you transmit through the Sites, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology.

You must exercise caution, good sense and sound judgment in using the Sites and Services. You are prohibited from violating, or attempting to violate, the security of the Sites. Any such violations may result in criminal and/or civil penalties against you.

Acceptable Use

In your use of our Sites or any Services, you agree not to:

Send or otherwise transmit to or through our Sites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind
Misrepresent your identity or affiliation in any way
Restrict or inhibit any person from using the Sites and Services, or collect unauthorized information about users
Reverse engineer, disassemble or decompile any section or technology on the Sites
Gain unauthorized access to the Sites, to other users’ accounts or personally identifiable information
Launch or use any automated system, including “robots,” “spiders,” or “offline readers”
Post, transmit or otherwise make available any virus, worm, spyware or any other code that may damage or hijack the operation of any hardware or software
Violate any applicable laws or regulations or these Terms
Use abusive, harassing or threatening language toward any staff member, affiliate, or user
Alter or modify any part of the materials or Services offered on the Sites

Our Intellectual Property Rights

The content on the Sites, including without limitation, any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, patents, interactive features, any trademarks, service marks and logos contained therein (collectively “Materials”) are owned by or licensed to ShadowNurse, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

No Materials from the Sites and Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. These Terms permit you to use the Sites and Services for your personal, non-commercial use only.

Links to Other Sites

As you view the Sites and use the Services, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Sites. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website.

Third Party Interactions

Your interactions with entities or individuals found on or through the Sites or the Services provided by ShadowNurse, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals.

You agree that ShadowNurse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved.

Jurisdictional Issues

Our Sites and Services are controlled and operated by ShadowNurse from our offices within the United States of America. Those who choose to access the Sites and Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimer

All materials provided in the Sites and Services are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, ShadowNurse disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that the Sites and Services or the server that makes it available are free of viruses or other harmful components.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall ShadowNurse or any affiliate be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Sites and Services or the Materials provided through the Sites and Services, even if we, any affiliate or an authorized representative of us has been advised of the possibility of such damages.

Indemnity

You agree to indemnify, defend and hold ShadowNurse and ShadowNurse Professionals and its and their directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with the Sites.

Geographical Restrictions

ShadowNurse makes no representation that all products, services and/or material described on the Sites, or the Services available through ShadowNurse or its affiliates, are appropriate or available for use in all locations outside the United States or all states and territories within the United States.

Owner and Data Controller

Any services associated with ShadowNurse are all provided by, and you are thereby contracting with: ShadowNurse, Inc., a company that is incorporated in Delaware, USA and physically located in the United States.

Credit Transactions

ShadowNurse does not accept payment in the form of cash, check, money order or (in almost all circumstances) insurance reimbursement. Major credit cards are the only accepted means of payment. Your request for services from the Sites will not be fulfilled until full payment has been received and verified.

Other

By choosing to use the Sites and Services or otherwise engage with and/or provide information to ShadowNurse, you agree that any dispute over your use of the Sites and Services or these Terms will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Sites and Services in the state and federal courts located in Santa Clara County.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Us

If you have questions or concerns about these Terms, or would like to report a violation:

By text message or phone at 505-535-5255
By email at hello@shadownurse.com
By mail at: ShadowNurse, Inc., 1930 Village Center Circle #3-6933, Las Vegas, NV 89134