1. Agreement to Arbitrate
By using Quantum Health Services, including but not limited to accessing our websites, products, or services, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, your use of the Services, or any other transaction with Quantum Health Services (collectively, “Dispute”) shall be resolved exclusively through binding arbitration and not by way of court trial. This includes, but is not limited to, any Disputes arising from or related to the following:
● These Terms of Use and your relationship with Quantum Health Services.
● The nature of any claims, whether in contract, tort, or statute (including claims under federal, state, and local laws).
● Any claims relating to fraud, misrepresentation, or other similar matters.

This arbitration requirement applies to all users of our Services, including those who may have previously opted into or used our services before these Terms were made effective.

2. Arbitration Rules and Procedures
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in the state where Quantum Health Services is headquartered, unless otherwise agreed by both parties. The arbitrator shall be selected in accordance with the AAA’s rules, and the arbitration shall take place before a single arbitrator.

Arbitration shall be conducted in English, and all arbitration proceedings, including any hearings, will be private and confidential. You and Quantum Health Services agree that the arbitrator shall have exclusive authority to resolve any dispute, including any claims of fraud, misrepresentation, or any other legal claims.

3. Opting Out of Arbitration
You may opt out of the binding arbitration provision by notifying Quantum Health Services in writing within thirty (30) days from the date you first accept these Terms. You must send your written notice to the following address:

Quantum Health Services
Email: admin@quantumhealthservices.us
Subject Line: Opt-Out of Arbitration
Failure to submit a timely written opt-out request will result in your continued consent to the arbitration provision and all other Terms herein. In the event that you opt-out of the arbitration provision, any Dispute between you and Quantum Health Services shall be resolved exclusively in a court of competent jurisdiction located within the state where Quantum Health Services is
based, and you and Quantum Health Services hereby waive any objection to the venue of such courts, including any objection to personal jurisdiction.

4. Class Action Waiver
To the maximum extent permitted by law, you and Quantum Health Services agree that any Dispute will be resolved on an individual basis, and not as a class action, collective action, or representative action. You and Quantum Health Services agree that each may only bring a claim against the other in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

You and Quantum Health Services also agree that no arbitrator may consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court determines that this Class Action Waiver is unenforceable, then the entirety of the arbitration agreement set forth in Section 1 will be deemed void, and any Dispute will be resolved in the appropriate court of competent jurisdiction.

5. Limitation of Liability
Except as otherwise required by applicable law, Quantum Health Services’ liability to you, whether in contract, tort, or otherwise, arising out of or in connection with these Terms of Use or your use of the Services, shall be limited to the total amount paid by you to Quantum Health Services in the twelve (12) months immediately preceding the event giving rise to the claim.
Quantum Health Services shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, any loss of data, business, or profits, arising from your use or inability to use the Services, even if Quantum Health Services has been advised of the possibility of such damages.

6. Location and Fees
The arbitration hearings will be held in the state where Quantum Health Services is headquartered unless otherwise agreed by the parties. The cost of the arbitration, including the filing fees, shall be shared by both parties. However, Quantum Health Services will bear the cost of your filing fees and other expenses associated with arbitration up to $250, subject to certain conditions determined by the AAA.
If you prevail in the arbitration, the arbitrator may award you reasonable attorneys’ fees, expenses, and costs as provided by applicable law. If Quantum Health Services prevails, the arbitrator may not award attorneys’ fees to Quantum Health Services, except as allowed by applicable law.

7. No Effect on Statutory Rights
Notwithstanding the foregoing, nothing in these Terms shall limit your right to file a complaint with the appropriate government agency, including but not limited to the Federal Trade Commission (“FTC”), or your state’s Attorney General. Further, this arbitration agreement does not preclude you from seeking action in small claims court, provided that the claims fall within the jurisdiction of the small claims court and the dispute is handled individually without the use of class actions.

8. Finality of Arbitration Award
The decision and award by the arbitrator shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction. In no event shall a court have the authority to alter, amend, or modify the arbitrator’s award, except as may be required by applicable law.

9. Miscellaneous
This section shall survive the termination of these Terms or your relationship with Quantum Health Services. Any waiver of the provisions of this section will not be deemed a waiver of any other provision of these Terms