Terms of Use

1 INTRODUCTION

1.1   Welcome to the knefit.com website (the “website”). These Terms and Conditions set out the terms and conditions of the agreement (“the agreement”) between you and Kneso GmbH, Schnabelweg 7, 8054 Graz, AUSTRIA (“we”) under which we will provide you with access to information, services and products we offer via the website.

1.2   ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. It is, therefore, very much in your interests to READ THEM CAREFULLY BEFORE PROCEEDING.

1.3   If you do not agree to all of the terms and conditions, please do not continue to use the Website.

2 USE OF THE WEBSITE

2.1   You warrant that you are at least 18 years old or visiting the website only with involvement of a parent or guardian.

2.2   We hereby grant you a limited, anytime revocable, non-exclusive and non-transferable license to access and use the website only for the purpose of informing yourself and shopping for items sold on this website.

2.3   If customer behavior violates applicable law or if we believe customer behavior is harmful to our interests we reserve the right to refuse service, terminate accounts and/or cancel orders at our discretion.

2.4   You agree to use the website for lawful purposes only.

3 DISCLAIMER OF LIABILITY

3.1   Our goal is to improve the quality of life of osteoarthritis patients by providing information based on clinical studies and sales of appropriate trainings equipment and accessories. All information and content of this website have been well-researched. Nevertheless WE CANNOT TAKE ANY WARRANTY of any type to the accuracy, completeness and up-to-dateness of any information or content on this website.

3.2   All information and content at our website is solely for informational purposes. YOU USE ALL INFORMATION AND CONTENT PROVIDED AT YOUR OWN RISK. Before applying any information, content, advices, exercise plans, all other services or products on this website we strongly recommend you and inform you that it is YOUR SOLE RESPONSIBLITLY TO CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL if needed additionally all other sources of information relevant for your condition like licensed physicians or licensed orthopedists for diagnosis and treatment advice of any health related condition. Evaluating your own physical as well as medical condition is your sole responsibility. It is your sole responsibility to determine whether to use, adapt or do not use the information content, advices, exercise plans, all other services or products on this website. Always keep in mind that any exercise program may result in injury. You assume the risk of any injury resulting from your voluntary undertaking of any exercise displayed and/ or described on our website.

4 APPLICABLE LAW

4.1 Austrian law applies excluding the UN Sales Convention (CISG).

4.2 Consumers may submit claims in Austria as well as in the EU member state in which they have their habitual residence. An online dispute resolution is provided by the European Commission http://ec.europa.eu/consumers/odr/. We ask you to contact us directly office@knefitusa.com with your concerns to find a fast and satisfactory solution for you.

4.3 If the customer is a business, a legal entity under public law or a special fund under public law then the place of jurisdiction is the registered office of Kneso GmbH in 8054 Graz, Austria.

5 INTERNATIONAL ACCESS

If you access or use this website from locations outside the EEA (European Economic Area) member states you are responsible for compliance with applicable local laws. Some products offered may not be available outside the EEA member states.

6 ACCOUNT

If you have created a customer account, you are solely responsible for protecting the security and confidentiality of your login data and password and all access and website use by anyone whether or not such access and use of our website incl. purchasing items is actually authorized by you to the maximum extent permitted by law. In case you believe that an unauthorized third party may received information about your login data and password, you have to inform us immediately to enable us to block your account

7 INTELLECTUAL PROPERTY

7.1 All content of this website is protected by international copyright of intellectual property and/ or database rights and belongs exclusively to Kneso GmbH and/ or its authorized affiliates. Intellectual Property includes but is not limited to: all present and future rights to intellectual property including, but not limited to, trade marks (whether registered or common law trademarks), patents, designs, copyright, inventions and improvements, any corresponding property rights under the laws of any jurisdiction. All rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula, or work product are reserved.

7.2 Any use and/ or any modification of intellectual property described in 8.1 is strictly prohibited, except, Kneso GmbH and/ or its authorized affiliates have granted you in expressed writing special rights, based on your prior request to us.

7.3 In the same way as we expect our intellectual property rights to be respected, we have clearly marked third party information on our website with utmost care. Nevertheless, in case you discovered a mistake in clearly marking your or third party information on our website please inform us to office@knefitusa.com to allow us to immediately correct it.

7.4 kneFIT was filed as intent-to-use-trademark of Kneso GmbH and is subject to corresponding protection.

8 LINKS TO THIRD PARTY WEBSITES

Our website may contain links to third party websites, which are owned and operated by third parties. As we do not have any influence on them, you acknowledge that we are not responsible for the content or operation of any such site. The links on your website to these third party websites are controlled regularly by us. In case we receive any information of any legal violations, affected links will be deleted immediately.

9 IMAGE CREDITS

Kneso GmbH, Victor Negru, Edi Haberl, k-invent

10 SEVERABILITY

If any part of this agreement shall be deemed invalid or void or for any reason unenforceable, this does not affect any validity and enforceability of all remaining other parts.

© Kneso GmbH 2019. All rights reserved.