Dizzy & Vertigo
Dizzytogo.com Terms and Conditions of Use

Last modified: April 13, 2024

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

Dizzy & Vertigo Institute of Los Angeles [Dizzytogo.com, Dizzyandvertigo.com, account.dizzyandvertigo.com] (“Dizzy & Vertigo,” “we,” “us,” or “our”) is pleased to provide you (also referred to herein as “I”) access to the website dizzyandvertigo.com and to the software enabled information, video content, interfaces, tools, and payment platforms accessible on, from, or through the website (collectively, the “Dizzy & Vertigo Applications”), subject to your agreement to comply with these terms and conditions of use (the “Agreement”).

DIZZY & VERTIGO PROVIDES THE DIZZY & VERTIGO APPLICATIONS SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH ALL OF THEM.  BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THIS AGREEMENT, YOU (A) ACCEPT THE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, AS MAY BE UPDATED FROM TIME TO TIME BY DIZZY & VERTIGO PURSUANT TO THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OTHERWISE CAPABLE OF ENTERING INTO A BINDING AGREEMENT WITH US; (C) UNDERSTAND AND AGREE THAT THE DIZZY & VERTIGO APPLICATIONS ARE NOT MEDICAL SERVICES, DO NOT CONSTITUTE THE PRACTICE OF MEDICINE, AND ARE TO BE USED AT YOUR OWN AND SOLE RISK; AND (D) REPRESENT THAT YOU WILL SEEK THE CARE OF A HEALTHCARE PROVIDER AS NEEDED.  IF YOU DO NOT CLICK THE “ACCEPT” BUTTON, YOU WILL NOT BE PERMITTED TO ACCESS THE DIZZY & VERTIGO APPLICATIONS.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION, DO NOT CLICK THE “ACCEPT” BUTTON.

  1. I Understand that Dizzy & Vertigo May Change this Agreement.

Dizzy & Vertigo reserves the right, at our sole discretion, to change, modify, update, add, or delete portions of this Agreement at any time.  You may be notified from time to time when you sign into your account that we have modified this Agreement and be asked to accept the terms and conditions of this Agreement as modified in order to continue to access the Dizzy & Vertigo Applications.  Regardless of whether we notify you, it is your responsibility to regularly check for changes to this Agreement and to review such changes at Dizzytogo.com (account.dizzyandvertigo.com). All changes to this Agreement are effective immediately when we post them and apply to all access to and use of the Dizzy & Vertigo Applications thereafter. Your continued access or use of the Dizzy & Vertigo Applications after any such changes constitutes your acceptance of the new Agreement.  Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of Dizzy & Vertigo shall be construed as an inference to the contrary.

You may not amend this Agreement unless the amendment is in writing and signed by both you and Dizzy & Vertigo.

Any changes to the dispute resolution provisions will not apply to any dispute for which the parties have notice before the date the new version of this Agreement is posted.

  1. I Understand that I Must Pay a Subscription Fee to Access the Dizzy & Vertigo Applications.

In order to access the Dizzy & Vertigo Applications, you must pay a monthly subscription fee (the “Subscription Fees”).

In order to pay the Subscription Fees, you must provide payment information for one or more of your credit cards, check cards, or debit cards.  By providing your payment information, you authorize all transactions made by, through, or in connection with the Dizzy & Vertigo Applications, including payment of the Subscription Fees.  You are responsible for all transactions associated with the Dizzy & Vertigo Applications including unauthorized transactions.  If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the Dizzy & Vertigo Applications until we have successfully charged a valid payment method.  If your device is lost, stolen or destroyed, please contact your credit card company immediately.

All payment information is collected through third party payment processors, and no payment information is collected by Dizzy & Vertigo Applications as more fully described in our Privacy Notice, which can be accessed at Dizzytogo.com/privacy.

The Subscription Fees, and any other charges you may incur in connection with your use of the Dizzy & Vertigo Applications, such as taxes and possible transaction fees, will be charged to your payment method.

Your subscription to access the Dizzy & Vertigo Applications will continue and automatically renew until cancelled.  You must cancel your subscription before it renews in order to avoid billing of the Subscription Fees for the next subscription term to your payment method.

To cancel your subscription to the Dizzy & Vertigo Applications, you must contact us by email or telephone at (310) 359-1894 or care@dizzyandvertigo.com at least 5 days prior to the end of the month.  If you cancel your subscription to the Dizzy & Vertigo Applications and we confirm such cancellation, your access to the Dizzy & Vertigo Applications will terminate at the end of the then-current subscription term.  All Subscription Fees are payable in advance of the term of access for which such Subscription fees are owed and are non-refundable. There are no refunds or credits for partially used subscription periods. Subscription fees are fully earned upon payment.

We may change our subscription plans and the price of access to the Dizzy & Vertigo Applications from time to time; however, any price changes or changes to your subscription plans will apply only on renewal of your subscription. If you do not wish to accept the price change or change to your subscription plan, you must contact us to cancel your subscription before the change takes effect.

  1. I Understand that this Agreement is Effective Until Terminated.

This Agreement is effective until terminated.  We reserve the right, in our sole discretion to refuse, delete, suspend, or terminate your access to or use of the Dizzy & Vertigo Applications and Dizzy & Vertigo Content at any time, with or without notice, including because of your violation of this Agreement.  Your rights under this Agreement will terminate automatically without notice from Dizzy & Vertigo if you fail to comply with any of the terms or conditions of this Agreement, including your failure to pay the Subscription Fee.  Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement.  Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Dizzy & Vertigo Applications in any manner.

Provisions of this Agreement, however, that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement.

Upon the termination of this Agreement, you shall cease all use of the Dizzy & Vertigo Applications.  In the event that your rights to use the Dizzy & Vertigo Applications are terminated, you may immediately lose access to any information that may be on our systems, including in your user account.

  1. I Understand that Dizzy & Vertigo May Change the Dizzy & Vertigo Applications.

Dizzy & Vertigo reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Dizzy & Vertigo Applications without compensation to you, including, but not limited to (i) restricting the time all or any part of the Dizzy & Vertigo Applications is available, (ii) restricting the amount of permitted use of all or any part of the Dizzy & Vertigo Applications, and (iii) restricting or terminating any user’s right to use all or any part of the Dizzy & Vertigo Applications, with or without notice; (b) modify or waive any Subscription Fees charged in connection with all or any part of the Dizzy & Vertigo Applications; or (c) offer opportunities to some or all users of all or any part of the Dizzy & Vertigo Applications.  Any new features or updated content or applications that we make available as a part of the Dizzy & Vertigo Applications will be subject to this Agreement.  You agree that Dizzy & Vertigo will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Dizzy & Vertigo Applications, in whole or in part, or of any service, content, or feature offered through the Dizzy & Vertigo Applications.

  1. I Understand that the Dizzy & Vertigo Content Belongs to Dizzy & Vertigo and I have only a Limited Right to Use the Dizzy & Vertigo Content.

The Dizzy & Vertigo Applications and (i) (a) their design, features, and functionality, (b) any software, code, files, content, information, reports, graphics, button icons, images, videos, audio, contained in or generated by the Dizzy & Vertigo Applications and the design, selection, and arrangement thereof, (c) any accompanying data, and (d) embedded software, including third party software; (ii) documentation ((i) and (ii) collectively, the “Dizzy & Vertigo Content”); and (iii) any related intellectual property rights, including patents, copyrights, the Dizzy & Vertigo Marks (as defined below), trade secrets, know how, and other similar rights or protectable attributes (collectively, “Dizzy & Vertigo Intellectual Property”), and any improvements to the foregoing, are owned by Dizzy & Vertigo or its licensors and are protected by United States laws, including those governing copyrights, trademarks, patents, and/or trade-secrets.  This Agreement does not transfer any title or rights to the Dizzy & Vertigo Applications, Dizzy & Vertigo Content, or Dizzy & Vertigo Intellectual Property to you.  Except for the limited licenses granted to you by this Agreement, all title and rights to the Dizzy & Vertigo Applications, the Dizzy & Vertigo Content, and the Dizzy & Vertigo Intellectual Property remain with Dizzy & Vertigo.  Dizzy & Vertigo reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights.  You understand and acknowledge that Dizzy & Vertigo owns the Dizzy & Vertigo Applications, the Dizzy & Vertigo Content, and the Dizzy & Vertigo Intellectual Property.

In addition, Dizzy & Vertigo, the Dizzy & Vertigo logo, the Dizzy & Vertigo Applications name, the Dizzy & Vertigo Applications logo, and certain other names, brands, logos, slogans, trademarks, and service marks (collectively, “Dizzy & Vertigo Marks”) are marks of Dizzy & Vertigo or its affiliates or licensors.  Not all marks of Dizzy & Vertigo will appear on the Dizzy & Vertigo Applications.  Marks of third parties may appear on the Dizzy & Vertigo Applications when referring to those entities or their products or services.  Third party marks displayed on the Dizzy & Vertigo Applications are owned by their respective owners.

The Dizzy & Vertigo Applications and Dizzy & Vertigo Content also are protected by copyright.  Neither the Dizzy & Vertigo Applications nor any Dizzy & Vertigo Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, used to create derivative works, or distributed except as expressly permitted by this Agreement.  Use of the Dizzy & Vertigo Applications or Dizzy & Vertigo Content in any other way or for any purpose other than as permitted in this Agreement may be a violation of Dizzy & Vertigo’s copyrights and other proprietary rights.  Permission for all other uses of the Dizzy & Vertigo Applications or Dizzy & Vertigo Content must be obtained from Dizzy & Vertigo in advance and in writing.  Further, you acknowledge and agree that the existence of a copyright notice on copies of the Dizzy & Vertigo Applications or the Dizzy & Vertigo Content is not an admission or presumption that the publication of the Dizzy & Vertigo Applications or Dizzy & Vertigo Content has occurred or is intended.

I understand, acknowledge, and agree that Dizzy & Vertigo owns all right, title, and interest in and to any improvements to the Dizzy & Vertigo Applications, Dizzy & Vertigo Content, or Dizzy & Vertigo Intellectual Property, regardless of whether such improvements resulted from a comment, suggestion, or recommendation that I made to Dizzy & Vertigo.

I UNDERSTAND THAT I HAVE NO RIGHTS TO THE DIZZY & VERTIGO APPLICATIONS, DIZZY & VERTIGO CONTENT, DIZZY & VERTIGO MARKS, OR ANY OTHER DIZZY & VERTIGO PROPERTY EXCEPT AS PROVIDED IN THIS AGREEMENT.

DIZZY & VERTIGO TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY.  DIZZY & VERTIGO WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE DIZZY & VERTIGO APPLICATIONS, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF DIZZY & VERTIGO OR OTHERS.

  1. I Understand that I have Only a Limited Right to Use the Dizzy & Vertigo Applications.

Subject to and conditioned on your payment of the Subscription Fees and your compliance with all terms and conditions set forth in this Agreement, Dizzy & Vertigo hereby grants you a non-exclusive, non-sublicensable, non-transferrable, limited license, during the term of your subscription, to (i) access and use the Dizzy & Vertigo Applications (as changed, modified, or upgraded by Dizzy & Vertigo from time to time in its sole discretion) in accordance with the terms and conditions of this Agreement and (ii) to view and display Dizzy & Vertigo Content (other than Dizzy & Vertigo software source code) in connection with your use of the Dizzy & Vertigo Applications.  Except as provided in this Agreement, when you use or access the Dizzy & Vertigo Applications, you are not receiving any other rights from us, including intellectual property or other proprietary rights of Dizzy & Vertigo.  In addition, this Agreement does not entitle you to receive, and does not obligate Dizzy & Vertigo to provide, technical support services, medical services, telephone assistance, or enhancements or updates to the Dizzy & Vertigo Applications.

In accordance with this license, I understand, acknowledge, and agree that I am allowed to:

  1. use the Dizzy & Vertigo Applications on computer user devices and mobile user devices, but only as necessary for legitimate access to and use of the Dizzy & Vertigo Applications;
  2. temporarily store copies of the Dizzy & Vertigo Applications and Dizzy & Vertigo Content in RAM incidental to my accessing and viewing those materials;
  3. store files that are automatically cached by my web browser for display enhancement purposes; and
  4. take actions enabled by third party features, such as social media features, if the Dizzy & Vertigo Applications enables those features.

I understand, acknowledge, and agree that unless expressly permitted by this Agreement, I am not allowed to:

  1. download the Dizzy & Vertigo Applications or any Dizzy & Vertigo Content, including video content;
  2. upload the Dizzy & Vertigo Applications or Dizzy & Vertigo Content to the internet or otherwise make the Dizzy & Vertigo Applications or Dizzy & Vertigo Content available on the internet for other persons or entities to copy, download, or use;
  3. make the Dizzy & Vertigo Applications or Dizzy & Vertigo Content available over a network where it could be used on multiple devices or by multiple users at the same time;
  4. use any Dizzy & Vertigo Intellectual Property in the design, development, manufacture, licensing, or distribution of any devices, accessories, software, or services for use with the Dizzy & Vertigo Applications;
  5. resell, transfer, modify, copy, duplicate, create, or re-create the Dizzy & Vertigo Applications, programs, offerings, services, or other aspects of the Dizzy & Vertigo Applications, or the Dizzy & Vertigo Content;
  6. amend, alter, change, or modify the Dizzy & Vertigo Applications or the Dizzy & Vertigo Content;
  7. remove, mutilate, modify, or otherwise change or delete any trademark, logo, copyright notice, or other proprietary notice contained within the Dizzy & Vertigo Applications or the Dizzy & Vertigo Content;
  8. disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the Dizzy & Vertigo Applications;
  9. hack the Dizzy & Vertigo Applications, spoof the Dizzy & Vertigo Applications, overburden the Dizzy & Vertigo Applications, or modify any other software or website to imply falsely that the other software or website is associated with Dizzy & Vertigo or the Dizzy & Vertigo Applications; or
  10. access the Dizzy & Vertigo Applications through an automated means (i.e., through bots, robots, spiders, scrapers, etc.).
  11. I Understand that Use of the Dizzy & Vertigo Applications is Subject to Rules of Conduct.

In order to access the Dizzy & Vertigo Applications, you will be required to register by providing Dizzy & Vertigo with personal information, including but not limited to, your name, username, billing address, email address, and password (collectively, “Account Information”).  My use of the Dizzy & Vertigo Applications constitutes my consent to allow Dizzy & Vertigo to record and use my Account Information and other information that may be gathered about me or devices I used to access the Dizzy & Vertigo Applications.  Any information that Dizzy & Vertigo may collect about me or any device I use to access the Dizzy & Vertigo Applications, including the Account Information, is subject to our Privacy Notice, which is a part of this Agreement.  We encourage you to read and understand our Privacy Notice, which can be accessed at Dizzytogo.com/privacy.

Dizzy & Vertigo reserves the right to refuse registration or cancel a username or an account, in its sole discretion.  In creating a user account, I understand, acknowledge, and agree that:

  1. I will create only one user account for myself;
  2. I will provide accurate, truthful, current, and complete information when creating my account;
  3. I will not create an account for anyone other than myself without permission;
  4. I will maintain and promptly update my Account Information when any of my Account Information changes;
  5. I will maintain the security and confidentiality of my account by not sharing my Account Information with any other person nor let anyone else access my account;
  6. I will not solicit Account Information from other users or access another user’s account;
  7. I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void;
  8. I take responsibility for all activities that occur under my account;
  9. I accept all risks of unauthorized access of my account;
  10. I will immediately notify Dizzy & Vertigo in writing of any unauthorized use of my account of which I become aware;
  11. I will contact my credit card company immediately if any unauthorized payments are made on, through, or using the Dizzy & Vertigo Applications;
  12. although Dizzy & Vertigo will not be liable for my losses caused by any unauthorized use of my account, I may be liable for the losses of Dizzy & Vertigo or others due to the unauthorized access and use of my account;
  13. I have no property rights or ownership interests in and to my account, and I understand that all rights to my account belong to Dizzy & Vertigo;
  14. if my account is disabled, suspended, or terminated by Dizzy & Vertigo, I will not create another one without Dizzy & Vertigo’s express permission;
  15. I will use the Dizzy & Vertigo Applications and Dizzy & Vertigo Content in compliance with applicable federal, state, local, or international law or regulation, including without limitation, any laws regarding the export of data or software to and from the United States or other countries and any laws regarding privacy, online conduct, or acceptable online content;
  16. I will not encourage or facilitate any violations of this Agreement; and
  17. I understand that Dizzy & Vertigo can take appropriate legal action against me, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Dizzy & Vertigo Applications or Dizzy & Vertigo Content.

WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING US TO DISCLOSE YOUR IDENTITY, ACCOUNT INFORMATION, OR ANY USER INFORMATION YOU HAVE PROVIDED ON OR THROUGH THE DIZZY & VERTIGO APPLICATIONS.  YOU WAIVE AND HOLD HARMLESS DIZZY & VERTIGO, ITS AFFILIATES AND ITS SERVICE PROVIDERS FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER DIZZY & VERTIGO OR LAW ENFORCEMENT AUTHORITIES.

  1. I Understand that the Dizzy & Vertigo Applications May Contain Elements that are Governed by Additional Terms.
  2. Third Party Terms and Conditions Generally:

The Dizzy & Vertigo Applications may contain various third party software components to enhance the functionality of the Dizzy & Vertigo Applications.  Such third party software components may have terms and conditions, including privacy policies, which are separate and apart from this Agreement, but apply to you simultaneously.  It is your responsibility to read and understand such terms and conditions, including the privacy implications therein.  By your use of the Dizzy & Vertigo Applications, you represent to Dizzy & Vertigo that you have read and agree to abide by those third party terms and conditions.

The Dizzy & Vertigo Applications may contain or interface with links to sites, applications, or content hosted or provided by third parties (“Third Party Content”), which links may appear to embed the Third Party Content into the interface of the Dizzy & Vertigo Applications.  Your use of such Third Party Content is subject to the terms of use, if any, governing the use of such Third Party Content.  Dizzy & Vertigo is not able to control such Third Party Content and assumes no responsibility for their subject matter, privacy policies, or practices.  If there is any conflict between this Agreement and any terms or notices set forth with respect to any Third Party Content, then the terms of such Third Party Content will control your use of such Third Party Content.  Please review the terms of use for all Third Party Content so that you understand all of the terms that will apply. By using the Dizzy & Vertigo Applications, you expressly relieve Dizzy & Vertigo from any and all liability arising from your use of any Third Party Content.

  1. I Also Agree to the Following Terms and Conditions:
  2. Liability and Warranty Disclaimer:

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE DIZZY & VERTIGO APPLICATIONS IS AT YOUR SOLE RISK, THAT NEITHER THE DIZZY & VERTIGO APPLICATIONS NOR THE DIZZY & VERTIGO CONTENT ARE MEDICAL SERVICES, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE DIZZY & VERTIGO APPLICATIONS AND UNDERSTAND AND ACKNOWLEDGE THAT ANY PERSONAL INJURY, LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE DIZZY & VERTIGO APPLICATIONS ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF DIZZY & VERTIGO.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DIZZY & VERTIGO APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY THE DIZZY & VERTIGO APPLICATIONS (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.  YOU UNDERSTAND AND AGREE THAT THE DIZZY & VERTIGO APPLICATIONS WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT DIZZY & VERTIGO MAY NOT CORRECT ALL ERRORS.  YOU ACKNOWLEDGE, REPRESENT, AND AGREE THAT YOU WILL SEEK THE CARE OF A HELATHCARE PROVIDER AS NEEDED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DIZZY & VERTIGO NOR ITS AFFILIATES MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE DIZZY & VERTIGO APPLICATIONS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER DIZZY & VERTIGO NOR ITS AFFILIATATES WARRANTS AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DIZZY & VERTIGO APPLICATIONS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE DIZZY & VERTIGO APPLICATIONS WILL BE CAPABLE OF REDUCING THE IMPACT OF, OR TREATING, ANY MEDICAL INDICATION, THAT THE OPERATION OF THE DIZZY & VERTIGO APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE DIZZY & VERTIGO APPLICATIONS OR SERVICES WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIZZY & VERTIGO, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.  MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE DIZZY & VERTIGO APPLICATIONS, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE DIZZY & VERTIGO APPLICATIONS OR IN ANY OTHER PRODUCT OFFERED BY DIZZY & VERTIGO OR ITS AFFILIATES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Dizzy & Vertigo, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING, WITHOUT ANY LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF DIZZY & VERTIGO, OR ITS AFFILIATES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT.  YOU AND DIZZY & VERTIGO HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND DIZZY & VERTIGO WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF DIZZY & VERTIGO, THE IMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF DIZZY & VERTIGO, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR A PORTION OF THIS LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL DIZZY & VERTIGO’S OR ITS AFFILIATES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (I) THE AMOUNT YOU ACTUALLY PAID IN SUBSCRIPTION FEES TO DIZZY & VERTIGO ON OR PRIOR TO THE EVENT GIVING RISE TO LIABILITY UNDER THIS AGREEMENT OR (II) THREE HUNDRED SIXTY DOLLARS ($360.00).  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The foregoing states the entire obligation of Dizzy & Vertigo and your exclusive remedy arising out of your use of the Dizzy & Vertigo Applications and the Dizzy & Vertigo Content.

  1. Indemnification:

YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR CONDUCT WHILE USING THE DIZZY & VERTIGO APPLICATIONS, FOR THE INFORMATION PROVIDED IN YOUR USER ACCOUNT, AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT.  ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DIZZY & VERTIGO, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, CONTRACTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT DIZZY & VERTIGO MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, SUIT, OR DEMAND IN RELATION TO YOUR USE OF THE DIZZY & VERTIGO APPLICATIONS, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE DIZZY & VERTIGO APPLICATIONS, THE INFORMATION CONTAINED IN YOUR USER ACCOUNT, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY.  DIZZY & VERTIGO SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO DIZZY & VERTIGO.

  1. Global Availability:

The Dizzy & Vertigo Applications and Dizzy & Vertigo Content are available only for use by United States residents.  Use by residents outside of the United States is strictly prohibited.

  1. Use by Children under the Age of 18:

In order to create a user account and accept this Agreement, you must be at least 18 years of age, or if you have parental consent, at least 13 years of age.  For children under the age of 13, a parent or legal guardian must create a user account and supervise the child’s use of the Dizzy & Vertigo Applications at all times. You hereby affirmatively represent that (a) you meet the age requirements in that (i) you are at least 18 years of age; (ii) you have parental consent to use the Dizzy & Vertigo Applications if you are between the ages of 13 and 18; or (iii) you have created the account and will supervise your child’s use of the Dizzy & Vertigo Applications if your child is under the age of 13; (b) you have all applicable rights and authority to enter into this Agreement on behalf of yourself or your child; and (d) you have read, understood, and agree to be bound by this Agreement.

If you consent to your child’s use of the Dizzy & Vertigo Applications, you are responsible for such use and for ensuring that you and your child are aware of, understand, and comply with this Agreement. You shall at all times be responsible and liable for all activities conducted and items obtained through your Account (defined below), including, without limitation, all activities which may be conducted by your child.

Please visit the Privacy Notice at Dizzytogo.com/privacy to understand the personal information collected.

  1. Security Policy:

Dizzy & Vertigo maintains appropriate safeguards in place to protect the security, confidentiality, and integrity of your personal information.  Safeguards may include administrative, physical, and electronic safeguards to protect against the unauthorized access, disclosure, alteration, destruction, loss, or misuse of your personal information.  Dizzy & Vertigo limits access to your personal information to our employees and third parties necessary to provide the Dizzy & Vertigo Applications and other services to you.

  1. Dispute Resolution Agreement:

All matters relating to the Dizzy & Vertigo Applications and Dizzy & Vertigo Content and any disputes, controversies, claims (whether based on contract, tort, statute, or other legal or equitable theory) between you and Dizzy & Vertigo arising out of or relating to (1) this Agreement (including the breach, termination, or validity thereof), the Dizzy & Vertigo Applications, or the Dizzy & Vertigo Content or (2) whether any particular dispute, controversy, or claim is a Dispute (as defined below) under this Agreement (each a “Dispute”) will be resolved to the fullest extent permitted under applicable law solely and exclusively pursuant to the provisions of this Section 11(F) (the “Dispute Resolution Agreement”).  Each party represents and warrants that unless prohibited by applicable law it will only resolve Disputes pursuant to this Dispute Resolution Agreement.

  1. WAIVER OF JURY TRIAL, COURT TRIAL, AND CLASS ACTION RIGHTS. YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT, OR PROCEEDING RELATING TO A DISPUTE SUBJECT TO EXCLUSIVE DISPUTE RESOLUTION PURSUANT TO THIS SECTION 11(F) OR THE ENFORCEMENT OF ANY AWARD (AS DEFINED BELOW).  YOU ALSO WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT.
  2. Confidentiality. The existence of any Dispute and any documents, evidence, or other materials disclosed by you or Dizzy & Vertigo to the other party, to the Mediator (as defined below) or the Arbitrator (as defined below) as a part of any Dispute, the Award (as defined below), and any other information relating to the resolution of any Dispute under this Agreement (collectively, the “Dispute Confidential Information”) shall be kept confidential, and there shall be no disclosure of any confidential information under this Section 11(F) except to a party’s legal or financial advisors (subject to an obligation of confidentiality) or as necessary to enforce this Agreement or any decision of the Arbitrator pursuant to this Agreement.
  3. Governing Law. This Dispute Resolution Agreement, including the breach, interpretation, validity, or enforceability thereof, and the enforcement of any Award (as defined below) or decision of the Arbitrator (as defined below) pursuant to this Agreement shall be governed by the United States Arbitration Act, 9 U.S.C. §§1 et seq. (“FAA”), to the exclusion of any provision of law inconsistent therewith or which would produce a different result.  If it is determined that the FAA does not apply to any of the foregoing, then the laws of the State of California shall apply without regard to choice of law principles.  In resolving a Dispute (including regarding applicability of statutes of limitation), the Arbitrator shall apply, without regard to choice of law principles, the substantive laws of the State of California.
  4. Court Proceedings; Forum Selection; Confidentiality. To the fullest extent permitted by applicable law, you agree that you will resolve all Disputes against us first through informal resolution and then by arbitration in accordance with Section 11(F)(5) of this Agreement.  You agree that you will bring any claim or controversy regarding this Agreement or the matters contemplated by this Agreement that cannot be submitted to binding arbitration under Section 11(F) of this Agreement (if any) solely and exclusively in the state or federal courts located in Los Angeles County, California.  We may bring any Dispute against you in any court of competent jurisdiction, including in your country of residence or any other relevant country, and you hereby waive any and all objections to jurisdiction and venue of such courts.  In addition, in no event will the terms of this Section 11(F) limit our right to investigate complaints or reported violations of this Agreement or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or third parties.
  5. Dispute Resolution Procedures.
    1. Notice of Dispute. You shall commence the resolution of a Dispute only by providing a written notice of Dispute (the “Dispute Notice”) to Dizzy & Vertigo explaining in reasonable detail the general nature of the Dispute and the relief or remedy sought.  We may, in our sole discretion, commence the resolution of a Dispute by providing a Dispute Notice to you.
    2. Informal Resolution.  If you provide a Dispute Notice, you will give us 30 days from the date of our receipt of the Dispute Notice to resolve the Dispute to your reasonable satisfaction before commencing arbitration.  If we do not resolve the Dispute in this 30-day period, you may then, and only then, submit the Dispute to binding arbitration.  Dizzy & Vertigo may, but is not required to, provide you with 30 days to resolve a Dispute that Dizzy & Vertigo has against you.  Dizzy & Vertigo may commence arbitration of a Dispute at any
    3. Arbitration. Any arbitration shall be in accordance with the 2018 International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “CPR Rules”).  Either party (“Claimant”) may commence an arbitration by sending a notice of arbitration to the other party (“Respondent”) in accordance with the CPR Rules.  Any arbitration conducted under this Agreement shall be heard by a sole arbitrator (the “Arbitrator”) qualified by education, training, and experience to resolve the Dispute.  The seat of any arbitration shall be Los Angeles, California.  The Arbitrator shall fix a reasonable time and place for any hearings (which may be telephonic or by video conference) and shall determine the Dispute pursuant to the provisions of this Agreement in a timely manner, with the expectation that, absent special circumstances, a final hearing (which may be telephonic or by video conference) will be held within two (2) months after the selection of the Arbitrator.  The Arbitrator shall render his or her decision (the “Award”) in writing within ten (10) business days of the conclusion of the final hearing to determine the Dispute and shall state the reasoning on which the award rests unless the Parties agree otherwise.  The Parties agree that except as provided otherwise in this Agreement, the Arbitrator shall have the broadest powers allowable under applicable law, including that the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Agreement or whether any particular claim or controversy is a Dispute subject to arbitration under this Agreement.  The Arbitrator will not have the power to conduct any form of class or collective arbitration nor to join or consolidate Disputes against us with Disputes brought against us by any other persons.  Discovery shall be limited to the exchange of documents among the Parties to the arbitration.  Depositions are not allowed.  No discovery requests may be made to any person that is not a party to the arbitration.  The responsibility for paying the costs of the arbitration (as defined in Rule 17.2 of the CPR Rules) shall be apportioned among the Disputing Parties in a manner determined by the Arbitrator to be reasonable, taking into account the circumstances of the case, the conduct of the parties during the proceeding, and the result of the arbitration.
    4. Arbitration Award. Any Award of an Arbitrator shall be final and binding on the Disputing Parties, and the Disputing Parties will undertake to carry out the award without delay. An Award may not be appealed except to the limited extent permitted by the FAA.  Judgment upon an Award rendered by the Arbitrator may be entered by any court having jurisdiction.  All Disputing Parties will act in good faith to avoid submitting an Award to a court and will endeavor in good faith to abide by any Award without the intervention of a court.  Any claim or controversy regarding the interpretation of an Award or the applicability of an Award to any party shall be considered a Dispute subject to resolution pursuant to this Agreement.
  6. Injunctive Relief. You understand and agree that a breach or threatened breach of this Agreement will cause Dizzy & Vertigo irreparable damage for which the recovery of money damages alone would be inadequate. Therefore, Dizzy & Vertigo will be entitled to obtain injunctive relief in any court of competent jurisdiction to protect and enforce Dizzy & Vertigo’s rights under this Agreement in addition to any and all remedies available at law without the requirement to post a bond (or with the posting of a nominal bond if a bond is required by applicable law).  In addition, if we believe that you have acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.  For Disputes you bring against us, the Arbitrator shall have the sole authority to grant injunctive relief, including preliminary injunctive relief.
  7. Limitations of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected in any way with this Agreement, the Dizzy & Vertigo Applications, or Dizzy & Vertigo Content, must be submitted to Dizzy & Vertigo in a proper Dispute Notice pursuant to this Section 11(F) of the Agreement within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or be forever barred.
  8. Mobil Device Data Services:

The Dizzy & Vertigo Applications requires use of the internet to operate correctly, thus the quality and availability of the Dizzy & Vertigo Applications may be affected by factors beyond Dizzy & Vertigo’s control.  Dizzy & Vertigo does not accept responsibility for unavailability of the Dizzy & Vertigo Applications.  The terms of your agreement with your respective mobile network provider apply when using the Dizzy & Vertigo Applications.  You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Dizzy & Vertigo Applications.  All such charges are your responsibility.  Further, you agree that your use of the Dizzy & Vertigo Applications is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.

  1. Third Party Websites:

We assume no responsibility for any third party websites that link to our Dizzy & Vertigo Applications. If a third party links to our website, it does not imply that we endorse, authorize, sponsor or are affiliated with that third party.

  1. Miscellaneous:

This Agreement is the complete and entire agreement between you and Dizzy & Vertigo pertaining to the subject matter of this Agreement.  It supersedes and replaces any and all prior or contemporaneous agreements, understandings, communications and discussions between you and Dizzy & Vertigo relating to this Agreement, the Dizzy & Vertigo Applications, and your use of the Dizzy & Vertigo Applications and the Dizzy & Vertigo Content.  The failure of Dizzy & Vertigo to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision nor prejudice Dizzy & Vertigo’s right to take subsequent action.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision shall be modified to the extent necessary to render it enforceable without losing its intent or it shall be deemed severable from this Agreement if no modification is possible.  The remainder of this Agreement shall remain in full force and effect and modification or severance of any one provision shall not affect the validity and enforceability of any of the remaining provisions.

  1. How to Contact Us:

To ask questions, to raise a concern about the Dizzy & Vertigo Applications or the Dizzy & Vertigo Content, or to give a notice required under this Agreement, you may contact us at:

Dizzy & Vertigo Institute of Los Angeles
8641 Wilshire Blvd Ste. 220
Beverly Hills, CA 90211