Committing to Balance, Breaking the Dizzy—Anxious—Dizzy Cycle, and Dizzy & Inflamed Masterclass 

Self-Study Virtual Courses

Terms of Use Agreement and Liability Disclaimer

Last Updated: June 2022

Welcome

Welcome to the website (this “Website”) of Rooted Behavioral Education, LLC (“we”, “us” or “our”), a behavioral health education 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 and/or  purchasing or using any course and/or its videos, documents, and other associated content (“Content”) from 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 and purchasers or users of courses, materials, and content purchased through this Website including, but not limited to, browsers, vendors, customers, and/or merchants.

Please read these Terms before further accessing this Website, purchasing anything through this Website or making any use of any Content. If you do not agree to these Terms, then you cannot further access this Website or purchase or use any Content. These Terms apply to any and all current and future features, tools, Content 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 and/or any Content. Your continued use of the Website or Content 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. Educational Use Only. Our goal is to provide evidence-based education for vestibular warriors to help tame dizziness, kick anxiety, and take back control of your life. THE WEBSITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE WEBSITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL OR PSYCHOLOGICAL ADVICE, DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY OTHER PROFESSIONAL SERVICE, AND DOES NOT treat, prevent, or cure any mental or medical disease. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS, OR TREATMENT. Before you begin the exercises in any course purchased through this Website, you should get medical clearance from your physician or mental health professional.  The information in our courses is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues. The information and instruction in the courses are not intended to be psychotherapy or medical advice, especially since we have not personally evaluated you and suggested exercises specific to your individual condition. Any reference to, or mention of, any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to address your particular situation.
  2. No Warranty. 
  1. You agree that your use of this Website is entirely at your own risk and that any course delivered to you after purchase through this Website will be provided “AS IS” and with all warranties, express or implied, disclaimed to the maximum extent permitted by law. We make no warranty that you will obtain specific results from your use of the Website or its Content.  We make no representations or warranties about the suitability, reliability, completeness, value, availability, timeliness, security, lack of errors, or accuracy of the Website or its Content and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  2. We do not warrant that your use of this Website will be uninterrupted, timely, secure, or error-free. Our Website and the Content are 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 or the Content. You acknowledge that we disclaim all responsibility and/or liability for damages caused by viruses or malware somehow attributed to our Website or Content. 
  1. Assumption of the Risk; No Liability. By using the Website or purchasing any Content and engaging in the exercises in it, you are assuming the risk that the Website, the Content and/or exercises may not be appropriate for you and may increase your symptoms, worsen your condition, cause or increase psychological distress, or result in other physical, mental, emotional or psychological trauma. If this occurs, you should stop engaging in the course and seek advice from a medical or mental health professional immediately. In no event will we be liable to you or any third party for any decision made or action taken because of the Content contained on or provided by the Service. Your use of the Service, including any Content, 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.
  2. Indemnification. You hereby indemnify, release, discharge, covenant not to sue, and agree to hold Rooted Behavioral Education, LLC 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 or the Content, 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.
  3. Limited License. By purchasing Content, Rooted Behavioral Education, LLC, grants you a nonexclusive, nontransferable, revocable license to access and use the Content solely for your own personal and non-commercial use. All courses are protected under United States and foreign copyrights. The copying, redistribution, use, resale or publication by you of any of the content within our courses is strictly prohibited. Your purchase of one of our courses does not grant you any ownership rights to that course.
  4. Right to Refuse or Terminate Service.  Rooted Behavioral Education, LLC, retains sole discretion in determining whether to sell any course to any individual and may reject a purchase by any individual at any time for any reason.  You acknowledge that your breach of the Terms may result in termination of your access to course materials.
  5. Age Restrictions.   Our courses are intended solely for users who are at least 18 years of age or older. Any use of or access to our courses by anyone under 18 years of age, is unauthorized, unlicensed and in violation of these Terms. By purchasing a course, you represent and warrant that you are 18 years or older and that you agree to abide by the Terms.
  6. Payment.  
    1. No refunds. You agree to pay all charges for the course.  All sales are final. No refunds are issued once a sale is completed. The supplies needed to complete any exercises in any courses offered on this Website are not included in the purchasing price of course.
    2. Payment Plans. You understand that if your purchase is subject to a payment plan, we reserve the right to terminate your access to the Website and/or the Content without refund if any payment is not made when due. 
    3. Billing information. When you provide information for any method of payment, you warrant and represent that you are the owner and/or authorized user of that method of payment. In the event legal action is necessary to collect any balances due you agree to reimburse Rooted Behavioral Education, LLC for any and all expenses incurred to recover these amounts due, including reasonable attorneys’ fees and other legal expenses. You agree to provide current and complete purchase and billing information so that your transaction can be completed. In the event that we cancel or must change an order, we may attempt to contact you through the e-mail or phone number you provided at the time you placed the order. If you provide us with an e-mail or phone number at the time of placing the order, you agree to do so accurately.
  7. Prohibited Use.  In addition to any other prohibitions set forth in the Terms, you agree that you will not:
    1. Use this Website or the Content 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;
    2. Discriminate against any person for any reason;
    3. Submit false or misleading information to any party;
    4. Collect or track any Personal Identifying Information of others;
    5. Send any phishing or scam correspondence; and/or
    6. Upload or transmit viruses, malware, or other malicious code, or circumvent, attack, or interfere with any security features on any website. 
    7. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
    8. 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;
    9. 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
    10. Use the Content or your access of this Website for any illegal or unauthorized purpose.
  8. Third Party Material.  The Website and/or the Content 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.

Access to the Virtual Courses

When you complete the purchase process, you will receive a password that will allow you to access the course or courses you purchased. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.

Accuracy of Information

We make no warranties or representations as to the accuracy, completeness, or status of the information on this Website or contained in the Content. You agree that we are not responsible if any information on this Website or in the Content 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 or in the Content is provided for general information purposes only and should not be solely 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.

Our Courses

We reserve the right to modify the price of the Content at any time and for any reason. This reservation includes the right to begin or discontinue “sale” pricing for any time and for any reason.

We reserve the right to modify the Content for any time and for any reason. 

Any offer made through this Website is void where prohibited.

We do not warrant that our courses will meet your personal expectations. Further, we do not warrant that we will correct any real or perceived errors in our courses.

You may not assign your rights and responsibilities under these Terms or for purchasing our courses.

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 and the Content. You agree that we may terminate these Terms with you and/or your access to the Website or the Content 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 Rooted Behavioral Education, LLC. It supersedes any and all prior or contemporaneous agreements, communications, and proposals between you and Rooted Behavioral Education, LLC.

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 Rooted Behavioral Education, LLC.

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.

Arbitration Clause

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing [email protected]. However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Dr. Emily Kostelnik and Rooted Behavioral Education, LLC, shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Martlon, New Jersey.


If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of New Jersey. The only award that can be issued to you is a refund of any payment made to Rooted Behavioral Education, LLC, for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

International Users

If you access our Website and/or our courses outside the US you are responsible for compliance with all applicable laws.