Our Services
ACL Strong is a proprietary, web-based injury prevention program (hereinafter “Program” or “Website”) developed by Dr. Leslie Desrosiers, PT, DPT, OCS, CSCS doing business as Elite Concepts Physical Therapy and Performance (hereinafter “Elite”). This web page represents the Terms of Use Agreement for our website, www.aclstrong.com. By using our Website and Program, you agree to fully comply with and be bound by the following Agreement each time you use our Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Website Users
A “Member” or “User” of this website is someone who has been granted access through a nonexclusive, nontransferable, revocable license to access and use our Website and Program strictly in accordance with this Agreement. Your access may have been arranged for you by your administrator or employer pursuant to a Licensing or Service Agreement that requires you to agree to this Terms of Use Agreement.
Your use of our Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. Your Membership is not transferable or assignable. Any use of or access to our Website by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. Elite has sole right and discretion to revoke a User’s access at with or without cause.
Member/User Obligations
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.
Prohibited Uses
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
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
All text, information, graphics, design, videos, photos and data offered through our Website , Program or private Facebook Group page, whether produced by us or our Members are collectively known as our “Content.” Our Content, as found within our Website and Program, is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or private Facebook Group page except as generally and ordinarily permitted through the Website according to these Terms of Use or in accordance with Facebook’s Terms of Use Agreement. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
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.
Privacy Policy
Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by clicking on this link: ACL Strong Privacy Policy
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.
Notices
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
Changes to the Terms of Use
We may amend this Terms of Use Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement.
Last updated September 5, 2019
By entering a course on the ACL Strong website, you acknowledge and accept the Terms of Use as listed on this page.
Elite Concepts Physical Therapy and Performance (“we,” “our,” “us”) values you as our client. This privacy policy covers what information we collect and why we collect it, how we use the information we collect, and the choices you have to access and update that information. Please familiarize yourself with our privacy policy and practices. By using our sites and services, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this privacy policy. If you do not agree to this privacy policy, please do not use our site.
Please also note that while our privacy practices are outlined below, they may differ from those of our affiliates, who may also be collecting and using your information in helping to power our sites and services.
Personal Information We Collect
In general, you can visit our site without telling us who you are or revealing any personal information about yourself. If you are using our site for access to our courses or a Membership programs, we may require certain personal information from you. Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our site and services, we may ask for the following personal information directly from you:
In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it.
How We Use Personal Information
The information gathered from your use of our site, or provided by you, may be used:
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.
Sharing Personal Information
We may share personal information about you with third parties in the following circumstances:
Other Information We Automatically Collect and Cookies
We may also collect certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it.
In addition, we may collect information about how you use our site such as the date and time you visit the site, the areas or pages of the site that you visit, the amount of time you spend viewing the site, the number of times you return to the site, visits to sites outside our network, and other click-stream data. Some of this data may be shared with affiliates or your employer, if your access to our courses is through your employer. Again, if your consent or authorization is required under state or federal laws, we will obtain your consent or authorization first.
Cookies
We use cookies and other tracking technologies (including browser cookies, pixels, beacons, mobile application identifiers, and Adobe Flash technology) provided by our affiliates to help us recognize you across different sites and services, improve your experience, increase security, measure use and effectiveness of our services, and serve advertising. Cookies also help us know how our site or marketing efforts are working, but these cookies generally do not collect any personal information about you. By visiting our sites and services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this privacy policy and our Cookie Policy. You can choose to accept or reject cookies by adjusting your cookie settings for the browser you use.
Do Not Track
We do not currently actively respond to “Do Not Track” browser signals or mechanisms that indicate a request to disable online tracking of individual users who use our sites and services.
Email and Other Communications
Opting Out of Requested Communications
Requested communications include, for instance, email newsletters that may be expressly requested by you or which you consented to receive. After you request such communications, you may “opt out” of receiving them by using one of the following methods:
Keep in mind, this opt-out does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us.
Opting Out of Transactional or Relationship Communications
Communications that are sent by us, such as reminders and cancellations, are indicated as being from us and may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates. You may not be able to opt out of receiving certain messages although our services may provide a means to modify the frequency of receiving them.
Opting Out of General or Promotional Communications
General communications provide information about products and services and may include special offers, new product or service information, or invitations to participate in research. You may opt out of receiving these general communications by using one of the following methods:
Data Retention
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Rights You Have Over Your Personal Information
If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. Alternatively, we may provide you with access to your personal information and you can review, correct or delete it. This does not include any data we are obliged to keep for administrative, legal, or security purposes. Further, we take no responsibility for removing or editing any of your public activities or any submissions or content that is a result of your public activities, except as provided in this privacy policy or the sites or services’ terms of use. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes). We will retain your personal information for the period necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by applicable law.
Data Protection Rights
Our services and courses are not targeted at individuals outside the United States. However, if you are a resident of the European Union, you will have the following data protection rights:
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
International data transfers
Our website is hosted by a third party that may have servers outside the United States. Therefore, your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective). However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice and applicable laws.
Protecting Your Personal Information
The security of our site and services and the information they store, process and transmit is a top priority. We utilize reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable personal and/or health information residing on and processed by our site and services. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we may deploy a wide range of technical, physical and administrative safeguards as are reasonably necessary or required by applicable law to minimize risk. It is important to note, however, that the Health Insurance Portability and Accountability Act of 1996 (or “HIPAA”) does not apply to the courses we provide through our site since those services are not considered health care services. It is also important to remember that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal or health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should consider carefully if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our sites and services is solely at your risk.
Linked Sites and Services
Our sites and services may link to other sites or services operated by our affiliates or third parties, and may carry advertisements or offer content, functionality, newsletters, contests or sweepstakes, or applications developed and maintained by third parties. We do not exercise control over third party sites or services. We are not responsible for the privacy practices of any such third parties. Once you leave our sites or services via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of the third-party’s site or service. The fact that we link to a site or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.
We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
Children’s and Minor’s Privacy
At Elite, we do not intend to collect any information from children under the age of 13 unless the information is collected from a parent or guardian. While we cannot stop a child from accessing our site, do not collect any personal information without making it clear that the person providing the information must be at least 13 years old. If you are under 13, please do not disclose or provide any information. If we learn that we have collected personal information from a child under 13, we will take steps to promptly delete the information. The only exception to this policy is if a parent or guardian has signed their child (under the age of 13) up for one of our courses – in which case, the parent or guardian has consented to the disclosure of the personal information. Our use and disclosure of information on children under 13 pursuant to the consent of a parent or guardian is subject to these same privacy policies.
Contacting Us
If you have any questions or concerns about this privacy policy or our practices, please contact us at:
Elite Concepts Physical Therapy and Performance
Attn: Leslie Desrosiers
779 Trailside Place
San Marcos, CA 92078
admin@aclstrong.com
Changes to This Privacy Policy
We may revise this privacy policy from time to time and, if we do, we will update it on this page and modify the “Last Updated” date. If our information practices change in a significant way, we will provide a more prominent notice. Because our privacy policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you. Your use of our sites and services following any such change constitutes your agreement that all information collected from or about you through our sites and services after the revised privacy policy is posted will be subject to the terms of the revised privacy policy.
Last Updated: September 4, 2018