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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
I acknowledge and hereby affirm that I am at least 18 years of age.
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.
If you have any questions or comments about these my Terms of Service as outlined above, you can contact me at: email@example.com Josie Schatz, PT 310-720-1183 Gardena, California USA
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.
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
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
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
Transfer of Data
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).
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.
I may use third-party Service Providers to monitor and analyze the use of the Service.
Links to Other Sites
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.