Terms of Service

Last Updated: March 2025

1. Agreement to Terms

By accessing or using this website and any products, services, or content offered through the KA-Optimized TKA Educational Collective — including courses, memberships, community forums, and downloadable materials (collectively, the "Services") — you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the Services.

These Terms constitute a legally binding agreement between you and SHB Collectives LLC. Your continued use of the Services following any updates constitutes acceptance of the revised Terms.

2. Who We Are

The Services are operated by:

SHB Collectives LLC

Operating as: KA-Optimized TKA Educational Collective

Email: [email protected]

Website: kaoptimizedtka.com

3. Eligibility

To use the Services, you must:

Be at least 18 years old or the age of majority in your jurisdiction, whichever is greater
Have the legal capacity to enter into binding agreements
Not be prohibited from receiving our Services under applicable law

The Services are intended for qualified medical professionals, researchers, and those with a legitimate professional interest in total knee arthroplasty education. By registering, you represent that you meet these criteria. We reserve the right to verify eligibility and terminate accounts that do not qualify.

4. Account Registration

To access certain Services, you must create an account. By registering, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your login credentials confidential and not share them with others
Notify us immediately of any unauthorized use of your account at [email protected]
Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms. One account per individual is permitted unless expressly authorized in writing.

5. Payments and Refunds

All prices are listed in U.S. Dollars (USD) unless otherwise stated. Payments are processed securely through Kajabi and its third-party payment processors. We do not store your full payment card information.

Subscriptions and Recurring Billing

Some Services are offered on a subscription basis. By enrolling in a subscription, you authorize recurring charges at the stated interval until you cancel. You may cancel at any time through your account settings.

Refund Policy

Due to the digital nature of our content, all sales are generally final. However, we review refund requests on a case-by-case basis. To request a refund, contact [email protected] within 14 days of purchase. Refunds are at our sole discretion and will not be granted where substantial course content has been consumed.

Price Changes

We reserve the right to modify pricing at any time. Changes will not affect active subscription periods already paid for, but will apply at the next renewal.

6. Intellectual Property

All content available through the Services — including but not limited to course materials, videos, surgical technique guidance, slide decks, written materials, images, graphics, logos, and branding — is owned by or licensed to SHB Collectives LLC and is protected by U.S. and international copyright, trademark, and intellectual property laws.

You are granted a limited, personal, non-exclusive, non-transferable license to access and use the content for your own professional education and development. This license does not permit you to:

Reproduce, copy, download, or distribute content to others without written permission
Share, resell, sublicense, or commercialize any content
Screen-record, screenshot, or otherwise capture and redistribute course materials
Use our content to create derivative works or competing educational products
Remove or alter any copyright, trademark, or proprietary notices

Unauthorized use of our intellectual property may result in immediate account termination and legal action. If you wish to use our content for institutional, group, or commercial purposes, please contact us to discuss licensing arrangements.

7. User Conduct

By using the Services, you agree not to:

Violate any applicable laws, regulations, or professional codes of conduct
Infringe on the intellectual property or other rights of any third party
Harass, threaten, defame, or otherwise harm other members or staff
Share, distribute, or post content that is false, misleading, or harmful
Upload or transmit malicious code, viruses, or disruptive software
Use automated tools, bots, or scrapers to access or extract content
Attempt to gain unauthorized access to any part of the platform or systems
Impersonate another person or misrepresent your professional credentials
Post or share patient data, identifiable clinical information, or any content that violates HIPAA or applicable privacy laws

We reserve the right to remove content, suspend access, or permanently terminate accounts that violate these standards, at our sole discretion and without prior notice. We are not obligated to provide refunds in cases of termination for conduct violations.

8. Community Participation

Our community forums and discussion areas are intended for professional, collegial exchange among medical professionals. By participating, you agree to:

Engage respectfully and constructively
Not share confidential patient information or identifiable clinical cases
Not solicit business, promote commercial products, or post spam
Attribute third-party content properly and not post copyright-protected material without permission

You retain ownership of content you post in community areas, but you grant us a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute that content in connection with operating the Services. We may moderate or remove community content at any time.

9. Medical and Educational Disclaimer

The Services are provided for educational and informational purposes only. Content available through the platform, including surgical technique guidance, clinical commentary, and educational materials, is intended to support professional learning and does not constitute medical advice, clinical direction, or a standard of care.

Individual patient outcomes depend on numerous factors outside the scope of this platform. You are solely responsible for your own clinical decisions, patient care, and professional judgment. Nothing in the Services should be interpreted as recommending or endorsing any specific course of treatment for any individual patient.

Any faculty, instructors, or contributors presenting content on the platform do so in an educational capacity. Their views represent their professional perspectives and do not necessarily represent an endorsement by SHB Collectives LLC.

10. Disclaimers and No Warranties

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Warranties that the Services will be uninterrupted, error-free, or secure
Warranties regarding the accuracy, completeness, or timeliness of any content

We do not guarantee that the Services will meet your professional or educational expectations, or that any specific clinical outcomes will result from applying information learned through the platform.

11. Limitation of Liability

To the maximum extent permitted by applicable law, SHB Collectives LLC, its founders, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of the Services, including but not limited to:

Loss of profits, revenue, or data
Clinical or professional decisions made based on platform content
Interruption or unavailability of the Services
Unauthorized access to your account or data

Our total aggregate liability to you for any claim arising from these Terms or your use of the Services shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or USD $100, whichever is greater.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless SHB Collectives LLC and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:

Your use of or access to the Services
Your violation of these Terms
Your violation of any applicable law or third-party rights
Any content you post or transmit through the Services

13. Third-Party Links and Tools

The Services may contain links to or integrations with third-party websites, platforms, and tools (including Kajabi, Vimeo, and payment processors). These are provided for convenience only. We are not responsible for the content, accuracy, privacy practices, or policies of any third-party services.

Your use of third-party services is governed by their own terms and privacy policies. We encourage you to review those policies before engaging with any third-party service.

14. Privacy

Your use of the Services is governed by our Privacy Policy, available at kaoptimizedtka.com/privacy-policy. By using the Services, you acknowledge that you have read and understood how we collect, use, and protect your personal information. Our Privacy Policy includes specific provisions for users in the European Economic Area (GDPR) and California (CCPA/CPRA).

15. International Use

The Services are operated from the United States. If you access the Services from outside the United States, you are responsible for compliance with your local laws and regulations. We make no representations that the Services are appropriate or available for use in all jurisdictions.

Users in the European Economic Area, United Kingdom, or Switzerland have additional rights under applicable data protection laws as described in our Privacy Policy.

16. Changes to the Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, subject to any commitments already made. This includes changes to course content, features, pricing, and platform availability.

We will make reasonable efforts to notify active members of material changes that affect their access, where practicable.

17. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, including for violation of these Terms, failure to pay, or inactivity. Upon termination:

Your right to access the Services ceases immediately
Any licenses granted to you under these Terms are revoked
We may retain your data as required by law or our Privacy Policy

You may terminate your account at any time by contacting [email protected]. Termination does not entitle you to a refund of any amounts already paid.

Sections 6, 9, 10, 11, 12, and 18 survive termination of these Terms.

18. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Informal Resolution

Before initiating any formal dispute, you agree to first contact us at [email protected] to attempt to resolve the matter informally. We will make good-faith efforts to resolve disputes within 30 days.

Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules. Arbitration will take place in Contra Costa County, California, or remotely.

Class Action Waiver

You agree that any dispute resolution will be conducted on an individual basis only. You waive any right to bring claims as part of a class action or representative proceeding.

Exception for EU and UK Users

If you are located in the EU or UK, you retain the right to bring claims before your local courts and relevant consumer protection authorities, notwithstanding the arbitration provision above.

19. Changes to These Terms

We may update these Terms at any time. When we do, we will revise the "Last Updated" date at the top of this page. For material changes, we will notify active members by email or via platform notification at least 14 days before the change takes effect.

Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

20. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and SHB Collectives LLC regarding your use of the Services and supersede all prior agreements.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.

Force Majeure. We will not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control.

21. Contact Us

For questions, concerns, or requests related to these Terms, please contact: