When your Member access is set up, you will be assigned a unique User Name and Password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.
You are prohibited from using the Website, private Facebook Group and their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website.
We reserve the right to terminate your use of the Program and/or private Facebook Group for violating any of the prohibited uses. In addition, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Our Relationship to You
Our web-based injury prevention program is intended for educational purposes only. Our associated private Facebook Group page is intended to provide answers to your general questions about the program. Our Website, Program, and private Facebook Group are not intended to provide individualized medical advice. Your use of our site, including our Facebook Group page, does not constitute a patient-provider relationship. By using our Website and Program, you agree that you are physically fit enough to safely perform the exercises in the program and do not have any medical conditions that might put you at risk. If you have any medical conditions, you agree to obtain medical clearance from your personal physician or physical therapist before attempting to perform any of the exercises in the program. You further understand that the information provided on our Website and in our Program is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, or dysfunctions that may occur in the knee or lower extremity. You also acknowledge that all customer testimonials as found on our Website are strictly the opinion of that person and any results such person may have achieved are solely individual in nature and your results may vary. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice. In light of the forgoing, you understand and agree that we are not liable nor do we assume any liability for any information contained within our Website or our private Facebook Group.
Third-party links on our Website or private Facebook Group page, whether posted by Elite or other Users, may direct you to third-party websites that are not affiliated with us. Elite is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR PROGRAM IS AT YOUR SOLE RISK. BOTH THE WEBSITE, PROGRAM AND PRIVATE FACEBOOK GROUP PAGE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR WEBSITE AND PRIVATE FACEBOOK GROUP PAGE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ELITE AND DR. LESLIE DEROSIERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, PROGRAM OR PRIVATE FACEBOOK GROUP PAGE. ELITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR PROGRAM. ELITE DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR PROGRAM, OR ANY CONTENT FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERRORFREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE OR PRIVATE FACEBOOK GROUP IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH OUR WEBSITE OR PRIVATE FACEBOOK GROUP AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. ELITE AND DR. LESLIE DEROSIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR OUR PRIVATE FACEBOOK GROUP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Our Intellectual Property
Digital Millennium Copyright Act of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, ELITE has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Elite at the address in the Notice section below.
Governing Law and Jurisdiction
Unless otherwise elected by ELITE in writing for the particular instance (which ELITE may do at its option), the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state of California.
You agree that we may send to you any privacy or other notices, disclosures, or communications regarding our Program by e-mail using the address associated with your User Name or by posting the communications on the Website. The delivery of any communications from us is effective when sent by us, regardless of whether you read the communication when you receive it or whether you actually receive the delivery. You may send notices to us by mailing it to us, certified mail, return receipt requested, to:
Elite Concepts Physical Therapy and Performance
779 Trailside Place
San Marcos, CA 92078
Last updated September 5, 2019