Are you suffering from Vertigo, dizziness, and/or balance problems and don’t know where to turn? Here at Wuzi, we want you to be able to optimize your recovery, which is why we created a platform to help you facilitate resuming your normal activity levels all from the comfort of your own home. Purchasing our Wuzi Balance Training means that you will have access to a multitude of videos and other educational information portraying vestibular exercises and guidance on how to manage your condition (“Video[s]”).
Our Balance Training and any other information on our Site is not meant as medical advice or a substitute for medical advice from a medical doctor or other health care provider. Due to the fact that each User is unique, it is recommended that you consult with your primary care physician on your specific situation before implementing any specific recommendations given by Wuzi via the Site or Balance Training. Wuzi offers the Site for educational and informational purposes only. Nothing contained on or offered by or through the Site should be construed as medical advice and the information provided should not be relied upon for medical diagnosis or treatment.
Wuzi may offer nutritional advice to incorporate into the Balance Training. Please note, you should consult with a healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercises or supplementation program, or if you have or suspect you might have a health problem. The United States Food and Drug Administration (“FDA”) has not evaluated any statement claim, or representation made on or accessible from the Site or Balance Training. Nor has the FDA evaluated any food, product or services mentioned on, or available from or through the Site. No service, exercise, product or food mentioned on, or available from or through the Site is intended to diagnose, treat or cure or prevent disease.
The Company may, from time to time, offer support groups where clients may speak with other clients, in sessions guided by Wuzi staff, to identify issues and struggles during their recovery process. Wuzi staff may provide support and coping strategies for such issues during these sessions. The information gathered from these sessions may be used to formulate answers and solutions to frequently encountered issues or questions for clients in recovery. No protected health information or identifying information will be used in the formation of these answer or educational videos.
Creating a User Account; Beginning Balance Training.
Upon creating a User Account, you will be required to answer a set of questions (“Initial Screening”), which will help us to further guide you during the Wuzi Balance Training. Specifically, depending on the answers to your Initial Screening, we will suggest certain Balance Training Videos. All medical information obtained during the Initial Screening shall be obtained and kept in compliance with the Health Insurance Portability and Accountability Act of 1996, as further laid out in our HIPAA Notice of Privacy Practices.
Before you begin the exercises incorporated in the Videos, you should get medical clearance from your primary care physician, especially if you have any medical conditions, diseases, injuries or disabilities. Wuzi also suggests that any and all exercises mentioned in the Videos should not be done alone and should instead be completed with the support of a Vestibular buddy that you trust (“Vestibular Buddy”). A Vestibular Buddy is a person that is capable of assisting and helping you during the exercises. You should seek assistance from your Vestibular Buddy while performing the Wuzi Balance Training exercises. By attempting any of the exercises in the Videos, you do so at your own risk. It is normal to experience new or heightened dizziness after doing an exercise you are not used to doing. If your symptoms severely worsen or pain arises, you should stop the exercises and seek advice from a physician. WUZI MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES THAT THE INFORMATION OR EXERCISES IN THE WUZI BALANCE TRAINING PROGRAM VIDEOS ARE APPROPRIATE FOR YOU OR WILL RESULT IN IMPROVEMENT OF YOUR SPECIFIC MEDICAL CONDITION OR FUNCTION.
By providing a credit card or other payment method that Teachable accepts, you represent and warrant that you are authorized to use the designated payment method and that you authorize Teachable (our third party payment processor) to charge your payment method for all charges you incur for the purchase of the Wuzi Balance Training program and any additional Videos, products or services available (including any applicable taxes and other charges). All payments will be processed and all credit card information will be stored solely by Teachable in accordance with Teachable’s Terms and Policies and thus, Wuzi will have no liability thereunder.
We reserve the right to change our Balance Training and Video offerings, and to adjust prices as we may determine in our sole and absolute discretion, at any time and without notice. All up-to-date prices will be featured on the Site.
Waiver of Guarantees.
Wuzi provides an online vestibular balance training program, along with supporting information and the option for consultation (if you are a Florida resident only) in a good faith attempt to help. However, participating in the Services does not guarantee success, results, or improved health. Therefore, Wuzi cannot guarantee specific outcomes and cannot be held accountable for such. Wuzi reserves the right to, at any time, for any reason, discontinue Services for users without penalty or recourse.
By entering your wireless telephone number, you are confirming your consent and permission for Wuzi to send you text messages related to progress, new promotional offerings, support, technical support, and information sharing. You understand that text messaging is not a secure modality of communication and may result in the unauthorized disclosure of information by third parties. Message and data rates may apply. You may reply “STOP” to end text messages.
The Service is not provided to Users who are under eighteen (18) years of age, or who are under the applicable legal age of majority in their jurisdiction. The Service is only available to Users in the United States of America. You are not authorized to access our Site, use the Services or register for a User Account if you are outside of the United States of America.
You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:
Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent;
Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service;
Attempting to impersonate another User or person or using the user identification or account of another User without their permission;
Using any information obtained from the Service in order to harass, abuse or harm another person;
Using the Service in a manner inconsistent with any and all applicable laws and regulations;
Using or otherwise accessing the Service for any reason other than a good faith interest in purchasing the Balance Training;
Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
Restricting or inhibiting any other visitor from using the Site, including without limitation, by means of “hacking” or defacing any portion of the Site;
Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Site;
Removing any copyright trademark or other proprietary rights notices contained in the Site;
Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Site;
Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, authentications and security measures;
Harvesting or collecting information about any Users;
Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services;
Modifying, translating, or creating derivative works based on the Services, including but not limited to copying, using, and/or reposting any of the Videos offered as a part of the Balance Training; or
Removing any proprietary notices or labels on the Site.
Operation of the Service.
Intellectual Property Rights.
Cancellation of User Accounts by Wuzi.
Cancellation of your User Account by You.
You may close your User Account at any time by going to “edit profile” and clicking “disconnect” your User Account or by notifying us, with seventy-two (72) hours advanced notice, at contact@WuziVertigo.com. This Agreement will survive the termination of your User Account.
If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Service for any purpose.
Disclaimer of Warranties.
THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR THIRD PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WUZI, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, WUZI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS TO (I) THE CONTENT POSTED BY OR PROVIDED BY ANY THIRD-PARTY ON THE WUZI SITE, INCLUDING BUT NOT LIMITED TO TEACHABLE, (II) THE BALANCE TRAINING OR VIDEOS OR ANYTHING ELSE OFFERED FOR SALE USING THE SERVICE, (III) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE WUZI SITE, (IV) THAT THE WUZI SITE, BALANCE TRAINING, VIDEOS, AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WUZI SITE, INCLUDING BUT NOT LIMITED TO TEACHABLE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WUZI SITE AND ANY NON-DOWNLOADABLE OR DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WUZI SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (VI) REGARDING THE USE OF THE WUZI SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION, INCLUDING BUT NOT LIMITED TO TEACHABLE AND THE VIDEOS OFFERED THEREON BY WUZI, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WUZI SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Balance Training Disclaimer.
IN ADDITION, THE WUZI TRAINING PROGRAM IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE A MEDICAL DIAGNOSIS OR SUBSTITUTE FOR MEDICAL ADVICE. THE RECOMMENDED EXERCISES WITHIN THE WUZI BALANCE TRAINING ARE INTENDED FOR PEOPLE WHO HAVE BALANCE AND/OR VERTIGO DISORDERS TO RETRAIN THEIR VESTIBULAR SYSTEMS. THE INFORMATION ENCOMPASSED IN OUR WUZI BALANCE TRAINING IS BY NO MEANS COMPLETE TO EXHAUSTIVE AND THEREFORE DOES NOT APPLY TO ALL CONDITIONS, DISORDERS AND HEALTH RELATED ISSUES. THE INFORMATION AND INSTRUCTION IN THE WUZI BALANCE TRAINING IS NOT INTENDED TO BE MEDICAL ADVICE, ESPECIALLY SINCE WE HAVE NOT PERSONALLY EXAMINED YOU NOR PRESCRIBED EXERCISES SPECIFIC TO YOUR INDIVIDUAL CONDITION. ANY REFERENCE TO OR MENTION OF ANY PARTICULAR DIAGNOSES OR DYSFUNCTIONS ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND NOT IN AN ATTEMPT TO DIAGNOSE YOUR PARTICULAR CONDITION.
Limitation of Liability.
IN NO EVENT SHALL WUZI, (including its officers, directors, members, managers, affiliates, agents and employees) BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, whether based on breach of contract, breach of warranty, tort or any other legal theory, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF the Service OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES provided through the Service, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WUZI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL WUZI’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO WUZI, IF ANY. you agree to follow all applicable laws in the state of florida as it pertains to claims of medical negligence and malpractice, including the requirement to submit to a notice of intent period prior to filing any claims.
SPECIFICALLY, BY USING THE WUZI BALANCE TRAINING PROGRAM AND ATTEMPTING THE EXERCISES IN THE VIDEOS, YOU AGREE THAT WUZI AND ITS MEMBERS, EMPLOYEES OR AGENTS, INCLUDING BUT NOT LIMITED TO THOMAS PATULLO, AP, OTR, WILL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THE WUZI BALANCE TRAINING PROGRAM, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.
You agree to fully indemnify, defend, and hold Wuzi and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Services or the services or goods obtained through your use of the Services; (ii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iii) any allegation that any materials you submit to us or transmit to the Wuzi Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (iv) your activities in connection with the Wuzi Site or other websites to which the Wuzi Site is linked; (v) any negligent act or omission or any willful misconduct by you; and/or (vi) any inaccuracies in the information provided to you through the Site.
Governing Law and Jurisdiction.
You agree that your use of the Service shall be governed by and construed in accordance with the laws of Florida, without regard to conflict of law rules. The courts of Broward County Florida shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement that is not subject to Arbitration.
The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Thirty Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to the following address: Wuzi, LLC, 3872 Sheridan Street, Hollywood, FL 33021. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
No Oral Modifications.
Third Parties and Third-Party Beneficiaries.
No Agency Created.
Nothing contained in this Agreement creates any agency, partnership, joint venture, or employment between a User and Wuzi. Users shall not have authority of any kind to bind Wuzi.
The failure of either Party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Wuzi shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Wuzi’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation or any other cause of Force Majeure, as defined herein.
Effective Date: January 26, 2021
Last Updated: January 26, 2021