TERMS OF USE

Introduction

Welcome to Insightintoinjury.com. This website is owned and operated by Johanna “Josie” Schatz, PT (hereafter referred to as “Josie”). By visiting my website and accessing the information, resources, services, products, and tools I provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in the Privacy Policy (please refer to the Privacy Policy section below for more information). I reserve the right to change this User Agreement without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting my website and accessing the information, resources, services, products, and tools I provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that: a. In order to access the Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. c. Accessing (or attempting to access) any of the Resources by any means other than through the means I provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of my Resources through any automated, unethical or unconventional means. d. Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited. e. Attempting to copy, duplicate, reproduce, sell, trade, or resell my Resources is strictly prohibited. f. You are solely responsible for any consequences, losses, or damages that I may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. g. I may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally I do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to my website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; Iii. Contains any type of unauthorized or unsolicited advertising; Iiii. Impersonates any person or entity, including any Insight Into Injury employee or representative. I have the right, at my sole discretion and judgement, to remove any content that I feel does not comply with this User Agreement, along with any content that I feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. I am not responsible for any delay or failure in removing such content. If you post content that I choose to remove, you hereby consent to such removal, and consent to waive any claim against us. h. I do not assume any liability for any content posted by you or any other 3rd party users of my website. However, any content posted by you using any open communication tools on my website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Insight Into Injury, and as such, gives me a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as I see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy (see below). i. You agree to indemnify and hold harmless Johanna “Josie” Schatz, Physical Therapist, and any affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. I reserve the right to take over the exclusive defense of any claim for which I am entitled to indemnification under this User Agreement. In such event, you shall provide me with such cooperation as is reasonably requested.

Online Purchases

Purchases at https://vimeo.com/ondemand/insightintoinjury/ provide online streamable access to Resources that claim to help recover from or prevent injuries. Some programs will be available on a subscription basis, and others for a one time purchase with lifetime access. Currently no programs are available for download, only for streaming. A free membership to Vimeo.com is required for the purchase of the programs created by Insight Into Injury. Vimeo has their own website including their own privacy policy and such. Be sure to familiarize yourself with their policies. Their policies do not take the place of this Agreement, but is instead in addition to when logged in and using their platform. Due to the nature of content accessibility, purchases are not entitled to refunds unless deemed appropriate by Josie@insightintoinjury.com.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, scroll down. The privacy policy is not HIPPA, any information you provide to me will not be protected under those laws as there is no instance when we would be in a patient/therapist relationship.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: i) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that: v) any content viewed, downloaded, streamed, or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the acquisition of such content. vi) Josie is not responsible for any issues that arise from problems with your Vimeo account or use of their platform/website. vii) no information or advice, whether expressed, implied, oral or written, obtained by you from Josie or through any Resources I provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Insight Into Injury will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.insightintoinjury.com, https://vimeo.com/ondemand/insightintoinjury/, my facebook page https://www.facebook.com/Insight-Into-Injury-543183326197441/, and my instagram account https://www.instagram.com/insightintoinjury/, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Josie and Insight Into Injury. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Josie.

Termination of Use

You agree that I may, at my sole discretion, suspend or terminate your access to all or part of my website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources I provide will immediately cease, and I reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Josie from my office located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, Josie @ Insight Into Injury EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Hold Harmless Agreement

In consideration of, and as an inducement to, my participation and payment of fees to using the programs of Insight Into Injury, I represent and agree to the following:

  1. I understand that Johanna “Josie” Schatz, PT, hereafter referred to as “Josie”, is a licensed physical therapist. Josie is providing professional information in her programs and blogs and videos whether free or bought, hereafter referred to as her “Programs”, based on her education and extensive experience as a PT and she does make a claim that this information would be very helpful for injury prevention and recovery under the right circumstances. I also understand that there is no implication of a patient/therapist relationship, and that I must decide on my own if the exercises in said Programs are safe for me to do. Josie advises that you be examined by a medical doctor and be cleared to perform any exercises, especially when there is an injury involved.

  2. I will carefully follow all instructions given to me by Josie in her Programs as to how exactly to perform and not to perform the exercises. If I have any confusion I will stop the exercise. I understand that health science is not an exact science, and that individual results may vary. Though the Programs are designed to help relieve pain and correct dysfunction of the musculoskeletal system, there is a chance that the activities may expose me to the risk of additional injury, increased pain, and in very rare circumstances serious injury or death, and I knowingly and willingly assume such risk.

  3. I understand and agree that I will have available to me advice and instruction to perform exercises and other suggestions related to overall health and wellness, and that I hold harmless Insight Into Injury, Josie, her employees, officers, directors, and contract trainers for any personal injury, including but not limited to bodily injury, disease, disability, death, humiliation, or consequential loss of any kind arising out of my participation in any class, event, or activity related to Josie’s Programs. I also understand that not all exercises are suitable for everyone, and to reduce the risk of injury, I will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort.

  4. In the event that I am pregnant, I again state my understanding that all exercises are not appropriate for everyone, and I will use my better judgement and discuss with my obstetrician the potential risks to me or my unborn child/fetus. I agree that I will follow my obstetrician’s recommendations and on behalf of myself, my heir, my spouse, or other interested party hold harmless Josie for any possible injury to myself or my unborn child/fetus as a result of participation in the Programs.

  5. I acknowledge that any content hosted on Insight Into Injury is fully protected under the laws of copyright and trademark, and any unauthorized duplication, exhibition, distribution of Josie’s content, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law, and that violators will be prosecuted to the maximum extent of the law.

  6. I acknowledge and hereby affirm that I am at least 18 years of age.

  7. Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the remaining provisions remain enforceable. I agree that any dispute regarding this Agreement will be first tendered by the parties to a member of The American Arbitration Association for resolution prior to filing any lawsuit. I also agree, failing a successful arbitration effort, any suit to be tendered will be filed in and under the laws of the State of California.

Contact Information

If you have any questions or comments about these my Terms of Service as outlined above, you can contact me at: josie@insightintoinjury.com Josie Schatz, PT 310-720-1183 Gardena, California USA

PRIVACY POLICY

Privacy Policy Effective date: January 1, 2019 Johanna “Josie” Schatz (“I”, “me”, or “my”) operates the www.insightintoinjury.com website (the “Service”). This page informs you of the policies regarding the collection, use, and disclosure of personal data when you use my Service and the choices you have associated with that data. I use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in the Terms and Conditions, (see above).

Definitions ● Service Service is the www.insightintoinjury.com website operated by Johanna “Josie” Schatz. ● Personal Data Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). ● Usage Data Usage Data is data collected automatically either generated by the use of the Service or the Service infrastructure itself (for example, the duration of a page visit). ● Cookies Cookies are small pieces of data stored on your device (computer or mobile device). ● Data Controller Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, I am a Data Controller of your Personal Data. ● Data Processors (or Service Providers) Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. I may use the services of various Service Providers in order to process your data more effectively. ● Data Subject (or User) Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

I collect several different types of information for various purposes to provide and improve my Service to you.

Types of Data Collected Personal Data While using our Service, I may ask you to provide me with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: ● Email address ● First name and last name ● Phone number ● Address, State, Province, ZIP/Postal code, City ● Cookies and Usage Data

I may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email I send.

Usage Data

I may also collect information about how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic Data.

Tracking & Cookies Data

I use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of my Service. Examples of Cookies we use: ● Session Cookies. I use Session Cookies to operate our Service. ● Preference Cookies. I use Preference Cookies to remember your preferences and various settings. ● Security Cookies. I use Security Cookies for security purposes.

Cookies Policy

The Cookies Policy explains what cookies are, how I use cookies, how third-parties I may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies. What are cookies Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser. How Insight Into Injury uses cookies When you use and access the Service, I may place a number of cookies files in your web browser. I use cookies for the following purposes: ● To enable certain functions of the Service ● To provide analytics ● To store your preferences I use both session and persistent cookies on the Service and we use different types of cookies to run the Service: ● Essential cookies. I may use cookies to remember information that changes the way the Service behaves or looks, such as a user’s language preference on the Service. ● Accounts-related cookies. I may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. I may use these cookies to remember information that changes the way the Service behaves or looks, such as the “remember me” functionality. ● Analytics cookies. I may use analytics cookies to track information about how the Service is used so that I can make improvements. I may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.

Third-party cookies

In addition to my own cookies, I may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on. What are your choices regarding cookies If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features I offer, you may not be able to store your preferences, and some of our pages might not display properly. ● For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050 ● For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835 ● For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored ● For the Safari web browser, please visit this page from Apple: https://support.apple.com/kb/PH21411?locale=en_US ● For any other web browser, please visit your web browser’s official web pages.

Where can you find more information about cookies You can learn more about cookies and the following third-party websites: ● AllAboutCookies: http://www.allaboutcookies.org/ ● Network Advertising Initiative: http://www.networkadvertising.org/

Use of Data

Insight Into Injury uses the collected data for various purposes: ● To provide and maintain the Service ● To notify you about changes to the Service ● To allow you to participate in interactive features of the Service when you choose to do so ● To provide customer support ● To gather analysis or valuable information so that I can improve the Service ● To monitor the usage of the Service ● To detect, prevent and address technical issues ● To provide you with news, special offers and general information about other goods, services and events which I offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR) If you are from the European Economic Area (EEA), the legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Josie at Insight Into Injury may process your Personal Data because: ● I need to perform a contract with you ● You have given me permission to do so ● The processing is in our legitimate interests and it’s not overridden by your rights ● For payment processing purposes ● To comply with the law

Retention of Data

I will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. I will retain and use your Personal Data to the extent necessary to comply with legal obligations (for example, if I am required to retain your data to comply with applicable laws), resolve disputes, and enforce legal agreements and policies. Insight Into Injury will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or I am legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside of the United States and choose to provide information to me, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Josie will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements Josie may disclose your Personal Data in the good faith belief that such action is necessary to: ● To comply with a legal obligation ● To protect and defend the rights or property of Josie ● To prevent or investigate possible wrongdoing in connection with the Service ● To protect the personal safety of users of the Service or the public ● To protect against legal liability

Security of Data

The security of your data is important to me, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While I strive to use commercially acceptable means to protect your Personal Data, I cannot guarantee its absolute security.

“Do Not Track” Signals Under California Online Privacy Protection Act (CalOPPA) Insight Into Injury does not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under General Data Protection Regulation(GDPR) If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Insight Into Injury aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data I hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights: ● The right to access, update, or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact me to assist you. ● The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete. ● The right to object. You have the right to object to my processing of your Personal Data. ● The right of restriction. You have the right to request that I restrict the processing of your personal information. ● The right to data portability. You have the right to be provided with a copy of the information I have on you in a structured, machine-readable and commonly used format. ● The right to withdraw consent. You also have the right to withdraw your consent at any time where Josie relied on your consent to process your personal information. Please note that I may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about my collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

I may employ third party companies and individuals to facilitate my Service (“Service Providers”), to provide the Service on my behalf, to perform Service-related services or to assist me in analyzing how my Service is used. These third parties have access to your Personal Data only to perform these tasks on my behalf and are obligated not to disclose or use it for any other purpose.

Analytics

I may use third-party Service Providers to monitor and analyze the use of the Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Payments

I may provide paid products and/or services within the Service. In that case, I use third-party services for payment processing (e.g. payment processors). I will not store nor collect your payment card details. That information is provided directly to the third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. The payment processors we work with are: ● Stripe Their Privacy Policy can be viewed at https://stripe.com/us/privacy ● Vimeo Their Privacy Policy can be viewed at https://vimeo.com/privacy

My Service may contain links to other sites that are not operated by me. If you click on a third party link, you will be directed to that third party’s site. I strongly advise you to review the Privacy Policy of every site you visit. I have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

My Service does not address anyone under the age of 18 (“Children”). I do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided me with Personal Data, please contact me. If I become aware that we have collected Personal Data from children without verification of parental consent, I take steps to remove that information from our servers.

Changes to This Privacy Policy

I may update the Privacy Policy from time to time. I will notify you of any changes by posting the new Privacy Policy on this page. I will let you know via email and/or a prominent notice on the Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact me at https://www.insightintoinjury.com/contact/. Insight Into Injury Gardena, California USA josie@insightintoinjury.com