Terms of Use

Neuro Dizzy Duo, PLLC
Terms & Conditions

THIS IS A LEGAL DOCUMENT. TO USE OUR PRODUCTS OR SERVICES, YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS DOCUMENT. ALL FEES, IF ANY, THAT YOU PAY TO NEURO DIZZY DUO, PLLC, A COLORADO PROFESSIONAL LIMITED LIABILITY COMPANY (HEREINAFTER “NDD”) ARE SOLELY BASED ON THE FAIR MARKET VALUE OF ANY SERVICES THAT NDD PROVIDES TO YOU, INCLUDING PROPRIETARY TECHNOLOGY, PLATFORM OFFERINGS, AND SUPPORT. SECTIONS 15, 16, AND 17 IN PARTICULAR LIMIT OUR LIABILITY. PLEASE READ THEM CAREFULLY.

Terms and Conditions of Use

NDD is excited to offer you access to its online platform, (“App,” and “Platform”). Please read these Platform terms and conditions of use (“Terms and Conditions”) carefully, as it sets forth the obligations of your contract with NDD (“us,” “we,” and “our”). You and others who register with the Platform (“User,” “you,” and “your”) will have access to the Platform’s interface. When you register with the Platform as a User, you acknowledge and agree to be bound by the Terms and Conditions.

1. Acceptance and Agreement

a. This Agreement forms a legally binding contract between you and NDD for your access to, registration, and use of the Platform. You represent and warrant that you have the right and authority to bind yourself to these Terms and Conditions. You further represent and warrant that you agree that all information you submit to NDD for registration is true, accurate and not misleading.

b. By using the Platform, you agree to allow NDD to collect and use your information. NDD may change these Terms and Conditions without advance notice, and your continued use of the Platform signifies that you agree to be bound by any changes. We will notify you of any changes to the Terms and Conditions.

c. You hereby acknowledge and agree by using this Platform that you grant NDD, and its licensors, affiliates, subsidiaries, or parent companies the irrevocable right to take, use, and publish photographs, audio recordings, video recordings, reviews of Platform and NDD of you or created by you in connection with your use of the Platform for lawful promotional, educational, or marketing purposes in any media now known or later developed, including but not limited to social media, printed media, online postings, and other presentations. You also acknowledge and agree that you will receive no compensation for the use of such materials and that you waive any right to approve of or inspect the finished product or media and NDD’s use of the material or the context in which it appears. You agree that all rights, titles, and interests in and to the media belong solely to NDD.

d. This Agreement governs your access to and use of the Platform. By accessing or using the Platform, you agree to be bound by this Agreement. You may use the Platform only if you can form a binding contract with us and only in compliance with these Terms and Conditions, as well as all applicable local, state, national, and international laws, rules, and regulations.

2. The Platform

a. The Platform enable Users to access online courses on various topics including but not limited to educational services, personal development, health education, exercises, and wellness activities and participate in various virtual group activities relating to the foregoing (the offerings in this sentence are collectively referred to as “Content”).

b. The Platform itself does not provide or render any services or features outside of those described in Section 2(a). Should the Platform change its offerings, it will update these Terms and Conditions and notify users.

c. Users should not incorporate or share sensitive information, including but not limited to protected health information (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996, its amendments, and implementing regulations, as well as the Health Information Technology for Economic and Clinical Health Act (collective referred to as “HIPAA”) in any communications or resources shared on the Platform. NDD is not responsible for any inclusions or entry of PHI on the Platform, whether intentional or inadvertent. It is the responsibility of the User to refrain from use of PHI on the Platform.

3. The Platform Does Not Provide Professional or Certified Healthcare Services. You acknowledge and agree that neither the Platform nor any Content dispenses, renders, or otherwise provides professional, medical or other healthcare or treatment services of any kind or in any capacity.

4. Conduct, Prohibited Countries, and the U.S. States

a. NDD created its Platform with the intent of providing a safe space for its Users. By using the Platform, you expressly agree not to deceive, harass, stalk, harm, or exploit any other user on the Platform, including but not limited to engaging in racist, homophobic, transphobic, and ableist actions; distribute spam; collect or record information about Platform users in any capacity; or advertise or solicit others to purchase any product or service on the Platform. NDD reserves the right but does not have an obligation to monitor all conduct on the Platform and the right to terminate any user’s access to the Platform.

b. The Platform is not open to individuals who live in countries prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the U.S. or any U.S. state. It is solely your responsibility to determine if you may lawfully use the Platform in any particular country or jurisdiction. NDD makes no guarantees or assurances regarding any user’s authorization to use the Platform or access or manipulate Content, and you agree to release and indemnify NDD from any harm or liability caused by your use of the Platform in violation of any law, regulation or treaty.

c. To access the Platform, Users must reside in the United States or one of its territories. It is solely your responsibility to determine if you satisfy this condition.

5. License Grant and Permitted Use

a. Unless otherwise expressly stated, NDD or its licensors own all the Platform and Platform Content. The United States, worldwide copyright laws, and treaty provisions protect the Platform.

b. So long as you comply with, and are subject to, these Terms and Conditions, NDD hereby grants you a limited, personal, non-exclusive, and non-transferable license to use the Platform for as long as you fully comply with these Terms and Conditions and your registration remains active (collectively referred to as “License Grant”).

6. Account Registration and Security

a. To access Platform Content and have a profile on the Platform, you must create an account (“Sign-Up”). The Platform will retain user-specific information, including but not limited to email addresses and usernames for account recovery and Platform analytic purposes.

b. When you complete the steps required for Sign-Up, you agree to supply truthful and complete information and immediately update all such information if it changes. By providing information about yourself, you warrant that you are over 18 years of age and that you may form a binding contract. If you provide any untruthful or incomplete information, or if NDD reasonably suspects such, NDD reserves the right to suspend or terminate your account and registration and refuse to permit your future use of the Platform or its Content.

c. You are solely responsible for your own account activity and agree to maintain your own secure password and not use anyone other user’s password or login credentials. You further agree not to share or sell your password or login with anyone else.

d. Please immediately alert NDD to any unauthorized use of your account, password, username, email, or other breaches of security.

7. Platform Content

a. Access. The Platform provides access to part of its Content for a fee, which fee may be a one-time, monthly, quarterly or annual subscription fee. Please visit NDD’s website for more information relating to fees and subscription services. You agree to all fees associated with your access and/or use of the Platform and related Content and acknowledge that there is no trial period for use of the Platform. In the event that NDD offers an installment plan in the future, you acknowledge and agree that by subscribing, you are committing to paying the full annual subscription cost even if your subscription is terminate for any reason prior to the annual expiration.

b. Changes. NDD may change, modify, add, remove, suspend, cancel, or discontinue any of Platform’s features, including the availability of any Content at the sole discretion of NDD consistent with these Terms and Conditions. Your continued use of the Platform after any such changes, modifications, additions, removals, suspensions, cancellations, or discontinued features or Content demonstrates your acknowledgement of and consent to NDD’s decision.

8. Billing and Payment

a. Billing. BY ACCESSING THE PLATFORM AND/OR CONTENT, YOU AGREE TO PAY THE ASSOCIATED FEE(S). NDD WILL CHARGE YOUR PROVIDED PAYMENT METHOD FOR SUCH FEES, AND MAY AUTOMATICALLY DEDUCT ANY RECURRING PAYMENTS OR INSTALLMENTS SHOULD NDD IMPLEMENT AN INSTALLMENT PLAN FOR ANY FEES. BY PROVIDING PAYMENT INFORMATION, YOU AGREE TO NDD AUTOMATICALLY CHARGING THE PROVIDED PAYMENT METHOD FOR THE APPLICABLE FEES (ACCESS FEES, ONE TIME FEES OR SUBSCRIPTION FEES) AND ANY APPLICABLE TAXES UNTIL YOUR ACCESS TO THE PLATFORM IS TERMINATION OR YOUR SUBSCRIPTION TO THE PLATFORM IS CANCELLED. IF YOUR PAYMENT METHOD FAILS AND YOU DO NOT PAY YOUR REQUIRED FEES OR DO NOT PAY YOUR SUBSCRIPTION FEE ON TIME, NDD MAY REMOVE YOUR ACCESS TO CONTENT, CANCEL YOUR PAID SUBSCRIPTION, OR SUSPEND YOUR ACCOUNT.

b. Taxes. You are solely responsible for the payment and compliance with any taxes associated with the purchase of any subscriptions for the Platform paid to NDD.

c. Payment Methods. Payment for Platform subscriptions can be made with a credit card through a third-party vendor contracted with NDD (“Payment Processor”). Payment processing services for payment of Platform subscriptions are provided by a Payment Processor and are subject to its Third-Party Terms of Service (“Payment Processor Terms of Service”). By agreeing to these terms or continuing use of the Platform or its Content, you agree to be bound by the Payment Processor Terms of Service, as the same may be modified by the Payment Processor from time to time. As a condition of NDD enabling payment processing services through the Payment Processor, you agree to provide NDD accurate and complete information, and you authorize NDD to share transaction information related to your use of the payment processing services provided by the Payment Processor.

d. Authorization. By providing payment information to us, you grant the Payment Processor and us your consent and authorization for your credit card to be charged any subscription fees for use of the Platform. All overdraft, chargebacks, and bank fees are your sole responsibility and you agree to pay or reimburse NDD upon request.

e. No Refund. NDD does not offer refunds. For specific extenuating circumstances, as determined at NDD’s sole discretion, NDD may consider partial refunds.

9. Termination. NDD, at its sole discretion, may terminate your use of the Platform or any Content at any time and for any reason without notice for any conduct, including but not limited to such conduct as expressed in the Terms and Conditions. You agree that if your use of the Platform is terminated under these Terms and Conditions, you will not attempt to use the Platform or access or manipulate its Content under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law release NDD and indemnify and hold it harmless from any harm, obligation or liability that NDD may incur, therefor.

10. Acceptable Use

a. You acknowledge and agree that NDD (i) is the owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Platform, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any modifications, customization, variations, or adaptations of the Platform based on or substantially similar to the Platform.

b. You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Platform by you will be under these Terms and Conditions and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.

c. Use of the Platform is subject to all these Terms and Conditions, including NDD’s acceptable use policies. You shall not (i) use, permit the use of, or permit access to the Platform except in accordance with these Terms and Conditions; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Platform and its Content; (iii) engage in, permit or suffer to continue any unauthorized copying of the Platform; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Platform and its Content, or make any attempt to do so; (v) alter, remove, obscure or hinder delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Platform and its Content; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Platform by any other User; or (vii) take any action compromising, or that has the potential of compromising, NDD’s rights in the Platform and Content.

11. Security and Privacy

a. NDD is not responsible for any information Users may include on the Platform that is subject to HIPAA. If you use, disclose or transmit PHI in connection with the Platform, or its Content, you agree to release NDD and indemnify it against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney’s fees and costs) arising out such use, disclosure, or transmission of PHI.

b. We have implemented commercially reasonable measures and administrative, technical, and physical safeguards to protect any information stored in the Platform’s database. However, our Platform’s technical offerings are based on several factors that exist outside of NDD’s control. As such, you acknowledge and agree that NDD cannot guarantee the Platform or its Content will be uninterrupted, timely, or secure at all times.

c. NDD works to comply with all applicable laws that concern the privacy of online communications. By using the Platform, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised. As a matter of prudence, you are urged to assume that all internet communications are not secure and to not include any sensitive information or PHI on any resources within the Platform.

12. Consent to Electronic Communications and Information You Provide

a. By providing NDD with your contact information, you consent to receive unencrypted and unsecured email communication related to your use of the Platform. You agree that any notices, agreements, disclosures, or other communications that NDD provides to you by email satisfy any legal communication requirements. By using the Platform, you agree that we may use any and all personal information, including your personally identifiable information and personally identifiable health information, that you have provided to us in violation of these Terms and Conditions, for marketing, communications, messaging, scheduling, feedback, and other related purposes and contacting you through push notifications. NDD has the right, but not the duty, to monitor your use of the Platform, including any information you provide during registration. Any information you send to NDD by email may be misdirected or intercepted by unintended recipients. If you have confidentiality and privacy concerns, please consider using an alternative communication mode and do not transmit any sensitive or confidential information to us via email.

b. By engaging in communication through available Platform communication methods, you agree that NDD is not responsible for the privacy of any communication transmission. NDD does not warrant the confidentiality or security of any communication transmission and you recognize such messages may not be secure.

d. You are responsible for all information you send through the Platform. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. NDD may edit, delete, modify, ban such information, and take necessary legal action.

13. Submissions of Information

a. Do not send NDD any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the Platform. If you violate this policy and send Information to NDD, that Information will become the property of NDD. This means that NDD will have unrestricted use of it for its business and commercial purposes. You agree that NDD will not be obligated to compensate you and will not be liable to you or any other Information provider.

b. If you send Information to NDD, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to NDD; and (iv) that you have no recourse against NDD for any alleged or actual infringement or misappropriation of any proprietary right in any Information.

c. You further agree not to: (i) transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; (ii) impose an unreasonably large amount of Information on the Platform or otherwise interfere with or inhibit any other User from using or enjoying the Platform; (iii) transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; (iv) access, use, or copy any portion of the Platform using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; or (v) impersonate another person or allow any other person or entity to use your identification for interacting on NDD’s social media.

14. Intellectual Property

a. Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Platform, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or Content using “framing” technology, nor systematically retrieve data, information, or Content to create a collection, compilation, database, or directory. NDD reserves all rights not expressly granted.

b. Except as expressly outlined in these Terms and Conditions, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in these Terms and Conditions; or (iv) continue to use any Content after the termination of these Terms and Conditions.

15. Operation of the Platform

a. NDD makes all reasonable efforts to keep the Platform operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.

b. NDD, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the Platform are free from viruses or other harmful components.

c. You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use of Platform and its Content.

16. Limitation of Liability

a. NDD assumes no responsibility for any act or omission that you or any User engages in while using the Platform. We encourage you to do your own research. Under no circumstances will NDD, its employees, officers, representatives, or agents be held liable for any indirect, consequential, or punitive damages related to Content created or used by any User accessed through the Platform greater than $1,000.

b. ALL INFORMATION IN THIS PLATFORM IS PROVIDED ON AN “AS IS” BASIS FOR ALL USERS. ACCORDINGLY, NDD MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE PLATFORM OR ITS CONTENT OR OTHERWISE REGARDING THE PLATFORM OR ITS CONTENT. TO THE FULL EXTENT PERMITTED BY LAW, NDD DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NDD GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENT.

c. By using the Platform, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the Platform and are not responsible for any errors or omissions in the information provided or available Content.

d. NDD is not responsible for User’s damage or loss. You agree that NDD is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Platform or its Content. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Platform or its Content. NDD is not responsible, regardless of whether NDD has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against NDD is to stop using the Platform and accessing any Content.

17. No Warranty or Guarantee of Outcome NDD MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC BENEFIT FROM USE OF THE PLATFORM OR ITS CONTENT, INCLUDING CONTENT RELATED TO GROWING REVENUE AND WELLNESS SERVICES. FURTHER, NDD MAKES NO GUARANTEE, AND NO WARRANTY THAT THE PLATFORM WILL OPERATE UNINTERRUPTED AND ERROR-FREE.

18. Indemnification for Your Use of the Platform

a. Neither NDD, nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, members, managers, workforce members, or representatives will be liable for any damages including, but not limited to, indirect, incidental, consequential, special, exemplary, or punitive damages greater than $1,000. Unless otherwise prohibited by law, in no event shall NDD nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, members, managers, workforce members, or representatives will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of the Platform or its Content greater than $1,000. Your sole and exclusive remedy for dissatisfaction with the Platform is to stop using the Platform and stop accessing any Content. NDD provides no indemnification of any kind to you or any third party.

b. You will indemnify NDD from any suit or proceeding made or brought against NDD by a third-party for claims related to your use of any portion of the Platform or its Content.

19. No Assignment These Terms and Conditions and licenses may not be transferred or assigned by you to anyone but may be assigned by us without restriction.

20. Applicable Law and Enforcement of These Terms and Conditions

a. The laws of the state of Colorado, without affecting its principles of conflicts of law, govern all adversarial proceedings arising out of this Agreement. If a User of the Platform takes legal action against us relating to these Terms and Conditions or relating to the User’s interactions with or relationship to NDD relating to the Platform, that User agrees to file such action only in the state and federal courts located in the State of Colorado.

b. By using the Platform, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these Terms and Conditions will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

c. No waiver of any privacy policy or these Terms and Conditions shall be effective unless in writing and signed by an authorized representative of NDD. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

d. Unless later agreed to between the parties, these Terms and Conditions constitutes the entire agreement between you and NDD related to your use of the Platform. It does not create any relationship between you and NDD that is not contemplated in these policies.

21. Amendments and Modifications 1. NDD may amend or update these Terms and Conditions or its Platform at any time without prior notice. If you use the Platform after any changes, you agree to be bound by the changes then in effect.