Terms/Conditions

WuziVertigo.com
Consumer Terms of Use

These Consumer Terms of Use (the “Terms of Use” or “Agreement”) are made and entered into by and between you (“Consumer”, “User”, “you” or “your”) and Wuzi, LLC, and its members, employees, contractors, specialists, and staff members, including but limited to Thomas Patullo, AP, OTR (referred to in these Terms of Use as “Wuzi”, “we”, “us” or “our”). Other Users of the Site are also collectively referred to as “Users”. Wuzi is the operator of the website www.WuziVertigo.com (the “Site”) and the provider of an online platform hosted through www.wuzi-vertigo.teachable.com and www.teachable.com by Teachable, Inc. and made available through the Site that allows Users to participate in an online vestibular balance training program (“Balance Training”) (our Balance Training and the Site will be referred to together as the “Service” or “Services”). This Agreement applies when you access the Site, visit the Site or use the Service. If you do not agree to the terms contained herein you may not access, visit or use the Service.

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING WUZIVERTIGO.COM AND/OR WWW.WUZI-VERTIGO.TEACHABLE.COM, LOGGING INTO OUR SITE OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR SITE).
About Wuzi.

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.

You may access the Site for Free, but in order to participate in the Balance Training, you will have to pay the Fees (as further defined below), as well as register an account with Teachable and provide certain information in connection therewith (“User Account”). In order to access your User Account and engage in the Balance Training, you hereby acknowledge that you may need to provide additional information to Teachable that may be stored by Teachable, pursuant to its Terms and Conditions and Privacy Policy (“Teachable’s Terms and Policies”), and thus, you hereby acknowledge and agree that in using the Wuzi Services, you also agree to Teachable’s Terms and Policies and that Wuzi shall not be held liable for any of Teachable’s actions or omissions thereunder.

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.

Payments.
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.
Text Messages.

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.

Eligibility.  

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.

Acceptance of these Terms of Use.  

By registering to use the Service, and accessing, using and viewing the Service afterwards, you are agreeing to be bound by the terms of these Terms of Use.

Privacy Policy and HIPAA Notice of Privacy Practices.  

In connection with your use of the Service, you expressly agree to our Privacy Policy (“Privacy Policy”) and our HIPAA Notice of Privacy Practices (“HIPAA Notice”). Please read the Privacy Policy and HIPAA Notice carefully in order to learn more about how we use information we collect from you when you access, visit or use the Service. The Privacy Policy and HIPAA Notice are part of and is governed by these Terms of Use and by agreeing to the Terms of Use, you agree to be bound by the terms of the Privacy Policy and HIPAA Notice, and you agree that we may use information collected from you in accordance with the Privacy Policy and HIPAA Notice.

Prohibited Activities.  

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.  

You acknowledge that we reserve the right, but have no obligation, to (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms of Use, including, without limitation, reporting you to law enforcement authorities, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (iii) otherwise manage the Service in a manner designed to protect the rights and property of Wuzi and Users of the Service and to facilitate the proper functioning of the Service.

Intellectual Property Rights.

The Service and its contents, Videos, Balance Training, trademarks, service marks and logos contained on the Service, including but not limited to “WUZI”, are the intellectual property of Wuzi or its licensors and constitute trademarks, trade secrets, copyrights and other intellectual property rights of Wuzi or its licensors under U.S. and foreign laws. The Service and Balance Training and its contents and any data generated or produced using the Service or Balance Training may only be used for your informational, personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of Wuzi. You agree not to engage in the use, copying or distribution of the Service or Balance Training, any of its contents or any data generated or produced using the Service or Balance Training for any commercial purpose, including but not limited to its Videos. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or Balance Training. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service, Balance Training or to any contents contained thereon. All rights not expressly granted in these Terms of Use are reserved by Wuzi and its respective licensors, affiliates, and contractors. You are solely responsible for your interactions with other Users of the Service.  

Cancellation of User Accounts by Wuzi.  

We may permanently or temporarily suspend or terminate your use of the Service or your User Account if you violate these Terms of Use or in our discretion. We may also impose limits on or restrict your access to parts or all of the Service without notice or liability. This Agreement will survive the termination of your User Account.

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.

User Content.  

You are solely responsible for any data, information, text, messages, or other materials you upload or submit to the Service (“User Content”). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third-party; and will not cause injury to any person or entity. You are solely responsible for the User Content you submit in connection with the Service, and Wuzi assumes no liability for any User Content submitted by you. For any User Content you submit, you grant to Wuzi a non-exclusive, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, and distribute such User Content all without compensation to you, solely as necessary to provide the Service to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. Information that can be used to personally identify you or medical information about you that you provide in connection with the Service will not be considered User Content and will be handled in accordance with our Privacy Policy and HIPAA Notice of Privacy Practices.

Feedback.

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.

Indemnification.  

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.

Arbitration.  

For purposes of this Agreement, you and Wuzi are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and the Service shall be finally settled by binding arbitration administered by the American Health Law Association (“AHLA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to determine the arbitrarily of any claim and to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The exclusive seat or place of jurisdiction shall be Broward County, Florida.

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.  

Amendments.  

These Terms of Use may be amended by Wuzi from time to time. You agree that you will review these Terms of Use prior to registering for the Wuzi Balance Training Program and that your registration, participation and continued use of the Service will constitute acceptance of these Terms of Use, as they may be amended from time to time. The new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Site or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if you do not wish to be governed by the new version of this Agreement, you must disable your User Account as set forth herein and immediately cease to use the Wuzi Site and Services. We shall not have any liability to you in such an event.

No Oral Modifications.   

Employees or independent contractors of Wuzi are not authorized to modify this Agreement, either verbally or in writing. If any employee of Wuzi offers to modify these Terms of Use, he or she is not acting as an agent for Wuzi or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Wuzi or anyone else purporting to act on our behalf.  

Third Parties and Third-Party Beneficiaries.  

These Terms of Use are between you and Wuzi. There are no third-party beneficiaries. The foregoing notwithstanding, please note that the Site may enable access to third-party content, products and services over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties. Participation or availability on the Site does not amount to endorsement or verification by Wuzi. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Site by anyone.

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.

Non-Waiver.

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.  

Force Majeure.

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.

Severability.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.  

Assignment.

These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our related rights and obligations without obtaining your consent.  

Entire Agreement.

These Terms of Use supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service or its contents. Modifications to the Terms of Use that are not posted on the Service are not valid unless made in writing and signed by an authorized representative of Wuzi.
 
Notices.

You consent to receive notices and other communications regarding these Terms of Use and/or other aspects of the Service through posting of notices on the Service or via email, live chat, text messages, or phone calls. You agree that all agreements, notices, disclosures, and other communications that Wuzi provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

Contact Us.  

If you have any questions about these Terms of Use or your User Account, you may contact us by email at contact@WuziVertigo.com, or by U.S. Mail at Wuzi, LLC, 3872 Sheridan Street, Hollywood, FL 33021.

Effective Date: January 26, 2021
Last Updated: January 26, 2021