Name of Site Operator: Martin Koban – Address of Site Operator: Bahnhofstraße 2a, 02733 Cunewalde – Email: martin (at) fix-knee-pain (dot) com
Effective Date: March 2016
Please read these terms and conditions of use carefully before using http://www.fix-knee-pain.com (the “Web Site”), http://www.total-knee-health.com (the “TKH Site”), associated media (e.g., YouTube videos, video courses, books, emails, other downloadable media) and/or associated content offerings (collectively, the “Site”).
1. Ownership and Use Restrictions
Fix-knee-pain.com is operated by Martin Koban, be referred to herein as the “Operator.”
The Operator maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Site for public or commercial purposes on any other Web site or otherwise without the written permission of the Operator. Modification of any materials displayed on the Site is a violation of the Operator’s copyright and other proprietary rights.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting the Site, the Operator, and anyone authorized by the Operator, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant the Operator, and anyone authorized by the Operator, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as the Operator deems appropriate.
You acknowledge and agree that any contributions originally created by you for the Operator or the Site shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to the Operator from their creation. Thus, the Operator shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as the Operator determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to the Operator all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by the Operator.
You acknowledge that the Operator has the right but not the obligation to use and display any postings or contributions of any kind and that the Operator may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
2. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OPERATOR, HIS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES (COLLECTIVELY, THE “OPERATOR PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY THE OPERATOR IN ANY WAY, EVEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE OPERATOR IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS
While the Operator uses reasonable efforts to include accurate and up to date information in the Site, the Operator makes no warranties or representations as to its accuracy. The information contained in or made available through the Site (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Site.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE, OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
3. Terms of Participation
The Operator is committed to providing all participants on the Site and associated programs with a positive experience. Thus, the Operator may, at his sole discretion, limit, suspend, or terminate your participation in any of its programs without refund or forgiveness of remaining monthly payments if:
- you become disruptive or difficult to work with;
- you fail to follow the Program guidelines; or,
- you impair the participation of other participants in the Program.
Confidentiality and Privacy
The Operator respects your privacy and must insist that you respect the privacy of fellow Program participants. The Operator respects your confidential health information (subsequently, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants.
Thus, you agree:
- that any Confidential Information shared by Program participants or any representative of the Site is confidential and belongs solely and exclusively to the Participant who discloses it or the Operator;
- not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
- that all materials and information provided to you by the Operator are its confidential and proprietary intellectual property belong solely and exclusively to the Operator, and may only be used by you as authorized by the Operator;
- the reproduction, distribution and sale of these materials by anyone but the Operator is strictly prohibited;
- that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Operator and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from applying methods conveyed on the Site, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence
4. Site Content
Content of the Site, including the TKH Site, is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this training program only. Thus, program content is for personal use only, and may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Martin Koban.
The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions. The operator assumes no responsibility for errors or omissions that may appear in any program materials.
5. Right to Use Name and Likeness
I hereby authorize and grant to Martin Koban, and his agents and assigns, an irrevocable license and permission to use my name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. My consent extends to such use without restriction or limitation as to time or geographic boundary.
I hereby waive all rights I may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Martin Koban for any product and/or service in connection with such use and publication. I also waive any right to inspect, review, or approve any photograph, recording, or other written material at any time, and waive the right to approve the use and medium of publication determined by Martin Koban.
I understand that Martin Koban owns all rights in and to any such photograph, recording, or testimonial, including any copyright and/or trademark relating to such use.
6. Release and Liability Waiver
In consideration of and as part of my payment for the right to participate in Site Programs (e.g., Total Knee Health, email courses, and similar programs), the undersigned, my heirs, executors, administrators, successors and assigns do hereby RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE MARTIN KOBAN and his subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) OF AND FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN EQUITY arising from my participation in the Programs.
The Operator shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Site, its programs or materials, which is provided “as is”, and without warranties.
The Operator assumes no responsibility for errors or omissions that may appear in any Site materials.
7. No advice and Professional Assistance
The Site contains general information about medical conditions and treatments. The information is intended for educational purposes only. The information is not advice, and should not be treated as such. You must not rely on the information on the Site as an alternative to medical advice from your doctor or other professional healthcare provider.
If you have any questions regarding any medical matter, consult your doctor or other professional healthcare provider. Seek immediate medical attention of you think you may be suffering from any medical condition. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on the Site.
Effective Date: May 2018
This Privacy Notice describes how we handle your personal information for our Services on the Site. It applies generally to information collected on the Site or through the use of our Services. Capitalized terms used in this Privacy Notice shall have the meaning set forth herein or in the Terms and Conditions found https://www.fix-knee-pain.com/disclaimer/.
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.
We may collect and store the following Personal Data:
- e-mail address, phone number and physical contact information;
- transactional information based on your activities on the Website (such as buying, selling, item and content you generate or that relates to your account);
- community discussions, chats, dispute resolution, correspondence through the Site, and correspondence sent to us;
- other information from your interaction with our Site, Services, and content, including device ID, computer and connection information, statistics on page views, traffic to and from the sites, IP address and standard web log information;
- information from other companies, such as demographic and navigation data;
- if you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply; and
- other supplemental information from third parties.
You can browse the Site without telling us who you are or revealing any Personal Data about yourself. Once you give us your Personal Data, you are not anonymous to us.
Use of collected information
The primary purpose in collecting Personal Data is to provide you with a safe experience when browsing the Site.
We may use your Personal Data to:
- identify you as a User in the system;
- send you an e-mail to verify ownership of the e-mail address provided when your account was created;
- customize, measure and improve our Services and content;
- tell you about promotional offers based on your communication preferences;
and other uses as described when we collect the information.
Retention, access to your information, and correction
You may change any of your Personal Data in your account by editing your profile within your account or by sending an e-mail to us at support (at) fix-knee-pain (dot) com.
You may request deletion of your Personal Data by us, but please note that in some cases we may be required to keep this information and not delete it (for example, we have a legal obligation to retain transactional records) or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements. If this is the case, we will indicate this in our response.
We automatically remove Personal Data 60 days from collection where it is no longer required to provide a service; maintain legal or user records; or otherwise fulfill any requirements The Site Owner may have in line with the aforementioned ‘Use of Your Personal Data’ section.
Upon your request, we will close your account and remove your Personal Data from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain Personal Data from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our The Site Owner Terms and Conditions, and take other actions otherwise permitted by law.
Data is held by The Site Owner, a company in Germany.
Disclosure of your personal data
We may disclose Personal Data to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your Personal Data with:
Third party software providers in relation to the sale of software licensed to The Site Owner. Your Personal Data may be shared with more than one third party software provider, where there is an agreement to split revenues between multiple third party software providers.
Service providers under contract who help with our business operations (such as email providers, Analytics services, fraud investigations, bill collection, affiliate and rewards programs).
Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other The Site Owner User to legal liability. In such events, we will disclose information relevant to the investigation, such as name, city, state, ZIP code, telephone number, e-mail address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we may deem relevant to the investigation.
Other business entities, should we plan to merge with or be acquired by that business entity, or any parent company, subsidiaries, or other companies under a common control. (Should such a combination occur, we will require that the new combined entity follow this Privacy Notice with respect to your Personal Data. If your personal information will be used contrary to this notice, you will receive prior notice.) In the event of an insolvency, bankruptcy or receivership, your Personal Data may also be transferred as a business asset.
Where do we store your data?
The Site Owner stores and processes customer data in Germany, the United Kingdom, and the United States of America. Under specific circumstances, data processed by The Site Owner may sometimes be moved between these zones in a secure manner.
All countries or territories where The Site Owner processes data ensure an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of said data. All Third Party storage and processing facilities used by The Site Owner are compliant with, and bound by, the EU Model Clauses, approved in 2015 by the EU data protection authorities (called the Article 29 Working Party).
How do we keep your information secure?
The Site Owner takes the protection of customer data extremely seriously. Industry standard technical measures and procedures are in place to prevent unauthorized or unlawful access to data and against accidental loss or destruction of, or damage to, data.
Information collected via technology
To make our Website and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Creation of anonymous data
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze usage patterns so that we may enhance the content of our Services. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your account credentials to anyone. If you do share your Personal Data or account credentials with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your Personal Data and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify The Site Owner and change your password.
Except as otherwise expressly included in this Privacy Notice, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to third party software providers on our Website or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. The Site Owner does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your Personal Data to others.
Changes to this Privacy Notice
This Privacy Notice is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by prominently posting notice of the changes on our Website. Notices shall become effective immediately.
Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Notice may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us that you wish to deactivate your account with us.
Our website uses functions of the web analytics service Google Analytics, by Google (Mountain View
1600 Amphitheatre Parkway Mountain View, CA 94043 USA). This data is safely transferred to a non-European in compliance with EU data protection laws. Cookies are used for this purpose, which enable an analysis of the use of the website by your users. The generated information is transferred to the provider’s server and stored there. You can prevent this by configuring your browser so that no cookies are stored. . Your IP address is recorded, but immediately (e. g. by deleting the last 8 bits) pseudonymized. This means that only a rough localization is possible.
The relationship with the web analytics provider is based on standard contractual clauses of google. com
Data processing is carried out on the basis of the legal provisions of § 96 Paragraph 3 TKG as well as Art 6 Paragraph 1 lit a (agreement) and/or f (entitled interest) of the DSGVO.
Our concern in the sense of the DSGVO (justifiable interest) is the improvement of our offer and our website. As the privacy of our users is important to us, the user data are pseudonymized.
The user data is stored for the duration of the framework offered by the web analytics provider, but at least 36 months.
In principle, you have the right to information, correction, deletion, restriction, data transferability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated in a way, you can complain to the supervisory authority.
You can reach us under the following contact details:
Support (at) fix-knee-pain (dot) com
The Site uses browser-based “cookie” technology, users’ IP addresses and similar technologies to customize and enhance your online experience on the Site. Browser cookies are pieces of information stored within your computer’s Internet browser that automatically identify your browser to our server whenever you interact with the Site.
The Site, the Operator, and his third party service providers, advertisers, advertising networks and platforms, agencies or partners may also use “web beacons” or clear .gifs, or similar technologies, which are small pieces of code placed on a web page, to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. Web beacons may also be used to provide information on the effectiveness of our email campaigns (e.g., open rates, clicks, forwards).
How the Site Responds to “Do Not Track” Instructions
Third Party Cookies
You may also choose to reject all cookies, although this will limit your access to certain features on the Site, including certain personalized content.
How the Operator protects your information
The Operator implements a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
How the Operator uses the collected information
Like other Web businesses, the Site collects information to enhance your visit and deliver more individualized content and advertising. The Operator does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist the Operator in operating our website, conducting our business, or rendering services to you, so long as those parties agree to keep this information confidential. The Operator may release your information when required comply by law, to enforce our policies, or protect our rights or the rights of others, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, the Operator may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with the Operator’s advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
Personally identifiable information collected by the Site may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of the Site (e.g., Web hosting services) may access such information. The Operator will use your information only as permitted by law. In addition, from time to time as the Operator continue to develop the Site, the Operator may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. The Operator may also disclose your information in response to a court order, at other times when the Operator believes he is reasonably required to do so by law, in connection with the collection of amounts you may owe the Operator, and/or to law enforcement authorities whenever the Operator deem it appropriate or necessary. Please note the Operator may not provide you with notice prior to disclosure in such cases.
Children’s Privacy Statement
This children’s privacy statement explains the Operator’s and the Site’s practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
This Site is not directed to children under the age of thirteen and the Operator does NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. The Operator screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If the Operator becomes aware that he has inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, such information will be deleted immediately. If the Operator changes his practices in the future, he will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
Because the Site and the Operator do not collect any personally identifiable information from children under the age of thirteen as part of the Site, the Site and the Operator also do NOT knowingly distribute such information to third parties. The Operator does NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site. Because the Site and the Operator do not collect any personally identifiable information from children under the age of thirteen as part of the Site, the Operator and the Site do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.
The Operator can be reached by contacting support (at) fix-knee-pain (dot) com (email).
Changes to this Policy
The Site reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.