The Vestibular Psychologist, PC
Terms of Use Agreement and Liability Disclaimer
Last Updated: September 30, 2022
Welcome
Welcome to the website (this “Website”) of The Vestibular Psychologist, PC (“we”, “us” or “our”), a mental health services company founded by Emily Kostelnik, Clinical Health Psychologist and fellow vestibular warrior. We are so glad you are here! Before we get started, please take the time to read this document and the terms and conditions it contains.
By accessing this Website you agree to follow and be bound by this Terms of Use Agreement and Liability Disclaimer (“Terms”). The Terms apply to any and all users of this Website.
Please read these Terms before further accessing this Website. If you do not agree to these Terms, then you cannot further access this Website. These Terms apply to any and all current and future features, content, tools, and/or products on our Website.
We reserve the right to update, change, amend, and/or replace any part or all of the Terms at any time and for any reason. Because of this, we encourage you to check the Terms every time you visit and utilize our Website. Your continued use of the Website after the posting of any changes to the Terms constitutes your acceptance of the changed Terms. You can review the most current version of the Terms on this page at any time.
The headings in these Terms are used for convenience purposes only and will not be construed to limit the Terms in any way.
Terms of Use
1. No Patient Relationship Created. Use of our Website does not create a client-patient relationship and the contents of the Website are for informational purposes only. If you are experiencing a medical emergency dial 911 or visit the nearest emergency room.
2. No Warranty.
a. You agree that your use of this Website is entirely at your own risk and with all warranties, express or implied, disclaimed to the maximum extent permitted by law. We make no representations or warranties about the suitability, reliability, completeness, value, availability, timeliness, security, lack of errors, or accuracy of the Website and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. We do not warrant that your use of this Website will be uninterrupted, timely, secure, or error-free. Our Website is provided “as is” and “as available” with no guarantee or warranty that it will function exactly as you would like or will be compatible with your computer technology and web service provider. We are not responsible for any data loss, website downtime, viruses, or any other problems that may occur as a result of using the Website. You acknowledge that we disclaim all responsibility and/or liability for damages caused by viruses or malware somehow attributed to our Website.
3. Assumption of the Risk; No Liability. Your use of the Website is entirely at your own risk. In any states or jurisdictions that do not allow certain limitations on any damages, our liability shall be limited in those state or jurisdictions to the maximum extent permitted by law.
4. Indemnification. You hereby indemnify, release, discharge, covenant not to sue, and agree to hold The Vestibular Psychologist, PC and its affiliates and subsidiaries, and their respective members, managers, agents, officers, employees, successors and assigns, harmless from and against any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your use of the Website, your breach of these Terms, your breach of any documents incorporated by reference into these Terms, your violation of the law, or your violation of the rights of any third-party.
5. Prohibited Use. In addition to any other prohibitions set forth in the Terms, you agree that you will not:
a. Use this Website to further any unlawful purpose, solicit others to perform or participate in unlawful acts, violate any law, regulation, ordinance, or rule, or infringe upon any person’s intellectual property rights;
b. Submit personal health information through any method where such is prohibited;
c. Discriminate against any person for any reason;
d. Submit false or misleading information to any party;
e. Collect or track any Personal Identifying Information of others;
f. Send any phishing or scam correspondence; and/or
g. Upload or transmit viruses, malware, or other malicious code, or circumvent, attack, or interfere with any security features on any website.
h. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
i. Make any automated use of the Website, or take any action that we may deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
j. Use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; and
k. Use your access to this Website for any illegal or unauthorized purpose.
6. Third Party Material. The Website may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. You agree we are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties. You agree that we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Accuracy of Information
We make no warranties or representations as to the accuracy, completeness, or status of the information on this Website. You agree that we are not responsible if any information on this Website is not accurate, complete, or current and updated. Your agreement here extends, but is not limited, to any typographical errors, inaccuracies, or omissions on or pertaining to product descriptions, pricing, and/or promotions and offers.
Any information on this Website is provided for general information purposes only and should not be considered medical advice or relied upon as the basis for making any decision. This Website may also contain cached or historical information. Such information is not current and should not be relied upon as the sole basis for making any decision. If you rely on any information on this Website, you do so at your own risk.
We reserve the right to modify the information on this Website at any time and for any reason; however, we have no obligation to do so. You agree that it is your responsibility to monitor any changes to any of the information on this Website. Any update or refresh date on any part of the Website should not be taken to indicate that all information on the Website or that specific page of the Website has been updated and/or verified.
Personal Identifying Information
You agree that your submission, and our subsequent use, of any of your Personal Identifying Information through this Website is governed by our Privacy Policy, which is hereby incorporated by reference.
Severability
You agree that in the event that any provision of the Terms or the Privacy Policy is determined to be unlawful, void, or unenforceable such provision shall be construed to be enforceable to the fullest extent as permitted by applicable law. The unenforceable portion or provision shall be severed from the Terms and this severance shall not affect the validity and/or enforceability of any remaining provisions of the Terms.
Termination
Our rights under this Agreement shall survive any termination of this Agreement. The Terms are effective unless terminated by either party. The Terms govern your use of our Website. You agree that we may terminate these Terms with you and/or your access to the Website at any time and for any reason without notice.
Entire Agreement
This document, and any documents incorporated herein by reference, constitutes the entire agreement between you and The Vestibular Psychologist, PC. It supersedes any and all prior or contemporaneous agreements, communications, and proposals between you and The Vestibular Psychologist, PC.
Waiver
Our failure to exercise or enforce any right or provision of the Terms does not constitute any waiver of such right or provision or a waiver of our ability to exercise or enforce the right or provision in the future.
Any cause of action by you with respect to our website or courses must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Ambiguities
Any ambiguities in the Terms or the Privacy Policy shall not be construed or interpreted against The Vestibular Psychologist, PC.
Governing Law
The Terms, the Privacy Policy, and any purchase of our courses shall be governed and construed in accordance with the laws of New Jersey to the greatest extent possible without consideration to any applicable conflicts of law provisions. In the event either of us brings suit against the other, such litigation shall be filed in the state or federal courts of New Jersey.
International Users
If you access our Website and/or our courses outside the US you are responsible for compliance with all applicable laws.