ACL Care Pro is pleased to offer you a comprehensive 14-week training program for individuals recovering from an anterior cruciate ligament injury. While the ACL Care Pro platform (“Platform”) is intended to maximize recovery and standardize care in preparation for return to sport or other high level physical activity, we cannot guarantee these outcomes from spending time and energy with the platform.
Always consult a physician and/or physical therapist if you feel any pains or experience discomfort that is abnormal. We further suggest adhering to the program to the best of your ability in order to achieve expected results. Should recommendations feel too challenging, you should make necessary adjustments and consult a professional to evaluate readiness to continue.
We hope the platform will benefit those that engage with it, but we can make no official claims or promises on the outcomes of such engagement.
The Platform is owned and operated by ACL Care Pro, LLC (“ACL Care Pro,” “we,” “us,” or “our”). The Platform includes all information, text, visual images, software, products and services used or available through the Platform. The Platform is intended to be used only for lawful purposes. These Terms govern your use of the Platform, the Services offered through the Platform, submissions of content you make to the Platform in whatever form (“Content”) and your use of Content submitted by other Users.
By accessing, or interacting with our Platform, websites and subdomains including aclcarepro.com and app.aclcarepro.com, you acknowledge that you have been informed that all interactions on and with the Platform may be recorded. We may suspend or discontinue any portion of our Services for any reason at any time, however, we will attempt to notify you in advance of such suspension or discontinuance except in case of routine maintenance or emergency.
You agree that your Profile will be self-directed and that you are solely responsible for all interactions, purchases, orders, decisions and instructions placed through your Profile. Although the Platform may provide data, information or content provided by third-parties, you should not interpret any such content as tax, legal, financial or health advice by us or a recommendation by us to use any third party service or offering featured on the Platform. Any decision to use any services shall be based solely on your own consideration and analysis of the risks involving any services or offerings featured on the Platform. You acknowledge and agree that you are solely responsible for determining the applicability and suitability of any services or offerings featured on the Platform. We have no special relationship with or fiduciary duty to you and your use of the Platform or the Services does not create such a relationship.
Communications. You agree that ACL Care Pro may send communications to you via your email provided by you on your Profile. You agree to notify us of any changes in your contact details. Communications shall be deemed delivered to you when sent and not when received. You consent to electronic delivery via email. You agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
You agree that any information that you transmit to the Platform or ACL Care Pro in any manner including, but not limited to, pictures, videos, images, voice, questions, comments, suggestions, addresses and links, etc. is non-confidential and non-proprietary and can be used by ACL Care Pro or their affiliates for any purpose. ACL Care Pro are free to use any image, video, voice, idea, concepts, know-how, techniques, etc. contained in any communication to the Platform, ACL Care Pro for any purpose.
Content. ACL Care Pro can offer no assurance that others who access Content will not misuse the Content. ACL Care Pro may not preserve or return Content which Users submit. Users should, therefore, maintain copies of any Content which they submit.
User understands that ACL Care Pro shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by User; and that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such content originated and that ACL Care Pro will not be liable for any errors or omissions in any Content; and that ACL Care Pro cannot guarantee the identity of any other users with whom User may interact in the course of using the Platform.
ACL Care Pro does not endorse and has no control over any User submission. ACL Care Pro cannot guarantee the authenticity of any data which users may provide about themselves. User acknowledges that all Content accessed by User using the service is at its own risk and User will be solely responsible for any damage or loss to any party resulting therefrom.
Your Right to Use our Platform
Subject to compliance with these Terms and the obligations hereunder, Users have a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to access and use the publicly available areas of our Platform through the mobile application and through a generally available web browser only for its intended purpose. Subject to compliance with the Terms and the obligations hereunder, Users have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use the password-protected areas of our Platform through the mobile application and a generally available web browser only for its intended purpose. Subject to compliance with these Terms and the obligation hereunder, Users have a worldwide, royalty-free, non-transferable license to refer to or provide a link to the publicly available areas of our Platform if such links are provided for the purpose of furthering the purpose of our Platform. Users are not entitled to create links to Content submitted by other Users. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or any information included on our Platform.
Use of Platform
In connection with your use of our Platform or the Service, you may provide Content. As a condition to your use of our Platform or the Service, you agree that you will not:
- a) Upload, post, transmit or otherwise make available Content that is unlawful, libelous, intentionally false, abusive, obscene, unlawfully threatening, unlawfully harassing, discriminatory or otherwise objectionable;
- b) Collect, use or transfer any personal, private or confidential information about another person obtained from our Platform except as expressly permitted by the owner of the information;
- c) Infringe any third party’s intellectual property, trade secret or proprietary rights.
Transmit Content that contains software viruses, worms or any other computer code that interrupt, destroy or limit the functionality of the Platform or obtain unauthorized information.
- d) Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable or disproportionately large load on our infrastructure.
- e) Use data mining, robots or similar data gathering or extraction methods.
- f) Use the Platform for any unlawful or improper purpose.
- g) Either directly or indirectly, on your own behalf or in the service or on behalf of others, solicit, poach, cold call or attempt to solicit, poach, cold call, divert, entice, induce or remove any person or entity found on or through this Platform or any customer of ACL Care Pro for any purpose, including the purpose of engaging in competition with ACL Care Pro.
In connection with use of the Platform and the Service, each User represents and warrants that he or she:
- Has provided complete and accurate Registration Information and will update the Registration Information to maintain its accuracy.
- Has had an opportunity to seek legal and financial advice with respect to participation in investment-related services and the Platform.
- Hold all rights in the Content you submit sufficient to grant licenses and rights to its use as provided herein.
User Conduct Guidelines
You represent and warrant that all information that you provide to ACL Care Pro or through the Platform is accurate, complete and truthful. ACL Care Pro and their affiliates and agents are entitled to rely upon the information you provide as true, accurate and complete without independent verification. We reserve the right to suspend or terminate your Profile if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are expressly prohibited from doing the following acts: (a) using the Platform, or any services and or tools if you are temporarily, or indefinitely, suspended from using the Platform, Services or any tools; (b) collecting personal information about other Users; (c) interfering with other Users’ Profiles; or (d) posting false, inaccurate, misleading, defamatory, or libelous content on the Platform. ACL Care Pro grants you a limited, revocable, non-exclusive, non-transferrable license to view, copy and print content on the Platform for personal, non-commercial purposes. ACL Care Pro grants the operators of public search engines a limited, non-exclusive, non-transferrable license to copy materials from the Platform for the purpose of creating publicly available, searchable indices of Platform content. We reserve the right to terminate or limit your access to the Platform and/or the licenses granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Platform or the rights or use and enjoyment of the Platform by any other person or entity in any manner.
You are prohibited from posting or transmitting any material on or through the Platform that, in ACL Care Pro’s sole opinion, is or could be offensive, fraudulent, unlawful, threatening, disingenuous, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ACL Care Pro will fully cooperate with any law enforcement authorities or court order requesting or directing ACL Care Pro to disclose the identity of anyone posting any such information or materials on the Platform.
Platform Intellectual Property
We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Platform believes its copyright rights have been infringed on our Platform, the copyright(s) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
- Identification of the copyrights(s) claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
- Identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), ACL Care Pro's Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below.
Designated Agent for Claimed Infringement: Akil Piggott, Cary Huggard
Postal Address: 2005 Marlton Pike East, Cherry Hill, NJ 08003
E-mail address: [email protected]
You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Platform without liability to you or any other party and that the claims of the Complaining Party may be referred to a United States court of law or the United States Copyright Office for adjudication as provided in the DMCA.
Please note that this procedure is exclusively for notifying ACL Care Pro and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to [email protected]. ACL Care Pro may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or infringement of other intellectual property rights, rights to privacy or publicity, or defamation.
All of the design, text and graphics of our Platform as well as the selection and arrangement thereof, are copyrighted 2021 ACL Care Pro, LLC, all rights reserved. ACL Care Pro, www.aclcarepro.com and the design elements of such work constitute our trademarks. The Platform images and text and all page headers, graphics HTML based computer programs used to generate pages on the Platform and icons are our trademarks, service marks and/or trade dress and may not be used without ACL Care Pro’s prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Platform are the property of their respective owners. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any material, including code and software, from our Platform except as expressly set forth herein. Any unauthorized or unapproved use constitutes copyright and/or trademark infringement.
You may not use the Platform or any portion thereof to create or recreate a similar or competing service. Any use of the Content of this Platform not expressly permitted by these Terms or granted by our prior written permission is a breach of these Terms and is strictly prohibited.
The ACL Care Pro IP contains confidential and sensitive trade secrets of ACL Care Pro. We do not permit you to disclose this information to anyone other than another User, and we do not permit you, or other Users, from using this information for any purposes other than those that consist of participating in our Services, as provided herein.
- Confidential Information. Confidential Information under these Terms consists of all non-public information whether oral or in writing (a) that is designated as "Confidential" or "Proprietary" by ACL Care Pro at the time of disclosure or within a reasonable period thereafter; (b) that is only available to Users, or (c) that you should reasonably understand is confidential (collectively, “ACL Care Pro Confidential Information”). Confidential Information includes non-public information that ACL Care Pro or its affiliates furnish or otherwise make available to Users on the Platform. Confidential Information includes, without limitation, information relating to ACL Care Pro services, the marketing or promotion of any service, business policies or practices, strategic plans, pricing, lease rates, plans, renderings, pro-formas, loan agreements, purchase and sale agreements, leases, market comparables, tenant information, sales per square foot, vendor names, customer lists, management systems, and information received from others that ACL Care Pro is obligated to treat as confidential.
- Non-disclosure. You shall retain ACL Care Pro Confidential Information in confidence and shall not use such ACL Care Pro Confidential Information except as expressly permitted herein. You agree to use at least the same degree of care in safeguarding ACL Care Pro Confidential Information as you use in safeguarding your own confidential information and trade secrets but shall use not less than reasonable care and diligence.
- Exceptions. Your obligation of non-disclosure of ACL Care Pro Confidential Information under these Terms will not apply to ACL Care Pro Confidential Information which you can demonstrate: (i) is or becomes a matter of public knowledge through no fault of your own; (ii) was or becomes available to you on a non-confidential basis from a third party, provided that such third party is not bound by an obligation of confidentiality to ACL Care Pro with respect to such ACL Care Pro Confidential Information; (iii) was independently developed by you without reference to the ACL Care Pro Confidential Information; or (iv) is required to be disclosed by law, provided that you promptly notify ACL Care Pro in order to provide ACL Care Pro an opportunity to seek a protective order or other relief with respect to such impending disclosure.
- Reservation of Rights. The ACL Care Pro IP is protected by U.S. and international copyright and other intellectual property laws, and ACL Care Pro retains all rights with respect to the Content, the Platform, and the Services, except those expressly granted to you. You agree not to duplicate, publish, display, distribute, modify, create derivative works from, or exploit in any way the ACL Care Pro IP or any tangible embodiments of the ACL Care Pro IP, except as expressly permitted herein.
We are under no obligation to monitor the information residing or transmitted through our Platform. However, you agree that we may monitor Content on our Platform (a) to comply with applicable laws, regulations or other government requests; (b) to operate our Platform properly or to protect us and/or Users; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted through our Platform that we believe is unacceptable or in violation of these Terms.
Links to Other Platforms
Our Platform may contain hyperlinks or other connections to Platforms operated by persons or entities other than us. These website link(s) are for your informational purposes only. While we try to provide links to only quality sites, we do not endorse and are not able to verify the accuracy of the information on these websites. We are not responsible for the content of those websites. The information provided by these websites is not a substitute for the professional medical advice of a physician, and you should not rely on any of the information found on these websites for treatment or diagnosis decisions. These websites may not be protected by SSL technology. We do not control those Platforms and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such Platforms does not imply any endorsement of the material on them or any association with their owners or operators. Your use of the Platform to link to another Platform is at your own risk.
Limited Express Warranty; Disclaimer of Other Warranties
OTHER THAN THE EXPRESS LIMITED WARRANTY SET OUT ABOVE, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE PLATFORM OR INFORMATION PROVIDED THEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR PLATFORM, (2) THE QUALITY AND SECURITY OF OUR PLATFORM, OR (3) THE INABILITY TO ACCESS OUR PLATFORM OR ITS CONTENT, INCLUDING WHETHER OUR PLATFORM WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR PLATFORM. WHEN USING OUR PLATFORM, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR PLATFORM, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR PLATFORM. ANY MATERIAL DESCRIBED OR USED ON OUR PLATFORM MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER AS TO THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE ON THE PLATFORM OR IN OFFERING DOCUMENTS. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS OF OUR PLATFORM, AND WE HAVE NO OBLIGATION TO MONITOR THE USE OF OUR PLATFORM BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Limitation Of Liability and Remedies
ACL CARE PRO SHALL NOT BE LIABLE FOR ANY DAMAGE, LIABILITY OR LOSS RESULTING FROM THE PRODUCTS, SERVICES, OR EVENTS, INCLUDING BUT NOT LIMITED TO INJURY, THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS OR THEFT. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR PLATFORM OR ATTENDING OUR EVENTS. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR PLATFORM OR ATTENDING OUR EVENTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR PLATFORM OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED PLATFORMS), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF OUR PLATFORM, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE PLATFORM (WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE) OR UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Platform, or its Content, must be brought within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be barred.
ACL Care Pro shall have the right, in addition to other remedies provided by applicable law including consequential and liquidated damages, to apply to a court of competent jurisdiction for the entry of an immediate order to restrain or enjoin said breach and to specifically enforce the provisions of this Agreement.
You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your breach of these Terms; (b) any Content or other material you provide to our Platform, (c) your use of our Platform's Content, (d) your violation of any applicable law, regulation, rule or order pertaining to your use of our Platform; (e) your unauthorized or unlawful use of our Platform; (f) any activity in which you engage in or through our Platform; or (g) the unauthorized or unlawful use of our Platform by any other person using your user name and password.
You may terminate your account with us for any reason or no reason, at any time, upon notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Platform and may also bar you from any future use of our Platform. We may immediately restrict, suspend or terminate your account if you abuse or misuse our Platform or engage in any behavior that we, in our sole discretion, deem contrary to the purpose of the Platform. If you violate any of the Terms, we may immediately terminate your limited license to use our Platform. Upon the termination of your account with us, you lose access to our Platform. In addition, we may block access to our Platform from an IP address or range of IP addresses associated with those of terminated Users.
Notifications and Communications
For purposes of communicating with you regarding the Platform, notice shall consist of an email from us to an email address associated with your account. You also agree that we may communicate with you through other means including email, cellular telephone, telephone or delivery services including the U.S. Postal Service about your Platform registration or Services through the Platform. You agree that we shall have no liability associated with or arising from your failure to maintain accurate contact information.
You may contact us via email at [email protected] or via U.S. mail or courier at:
ACL Care Pro, LLC
103 N Brookfield Rd
Cherry Hill, NJ 08034
Reports and Complaints
If you believe that a User has acted inappropriately, such as by violating these Terms, you may report your concerns either via the links we have included on the Platform, or by contacting us by the means described above. If we are notified by a User that he or she believes that certain Content at the Platform is in violation of these Terms, we may investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, or otherwise block or restrict any Content, with or without notice, and without liability.
You are solely responsible for your interaction with other Users that involve or arise from your relationship to the Platform. Although we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, and our provision of Services is an insubstantial factor (or no factor) in creating this dispute, then you release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with such dispute.
Agreement for Binding Arbitration. We do not anticipate having any disagreements with you, the user, regarding usage of this Platform. But if any concerns about these matters arise, please notify us immediately. We would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then each party hereby agrees that all disputes or claims between you and the Company of any nature whatsoever, including but not limited to those relating to use of the Platform or the quality or appropriateness of services offered by the Platform shall be resolved by binding arbitration. The Company chooses arbitration because it is usually less expensive and quicker than litigation and will allow us to resolve our disputes privately.
You agree that, by entering into this Agreement, you and ACL Care Pro are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. YOU AND ACL CARE PRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services ("JAMS"). The arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with New Jersey law, and shall have power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of New Jersey, excluding its choice of law rules. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in New Jersey.
Users understand that they are free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before accepting it, and User agrees that by using this Platform, it is voluntarily accepting this agreement.
These Terms constitute the entire agreement between us and you with respect to the subject matter of these Terms and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or other Users as a result of these Terms or your use of our Platform. We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms without our permission shall be void. If any provision of these Terms is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to act with respect to a breach of these Terms does not waive our right to act with respect to that breach or subsequent breaches. Except as expressly and specifically contemplated by these Terms, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers. We make no representation that our Platform is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized. Access to the Platform is prohibited from jurisdictions where the Platform, or its Content, is illegal. You agree that these Terms, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the State of New Jersey in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New Jersey.
If you are located outside of the United States, you use or access the Platform solely at your own risk and initiative. The Service is controlled and operated from facilities within the United States. ACL Care Pro make no representations that the Service is appropriate or available for use in any other jurisdictions. Accessing the Service is prohibited from territories where the content on the Platform is prohibited. This Platform is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this Platform available to you. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence.
The content, material and information contained on the Platform does not constitute an offer or solicitation and may not be treated as an offer or solicitation: (i) in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation; or (iii) if the person making the offer or solicitation is not qualified to do so. The securities offered on this Platform can only be marketed in certain jurisdictions only. You acknowledge and agree that it is solely your responsibility to be aware and to observe all of the applicable laws and regulations of any relevant jurisdiction, including your country of residence.
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When a potential investor registers on the Platform, we obtain his, her or its consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements.
For further information relating to these Terms, or to report a problem regarding the Platform, please contact [email protected].
Updated September 21, 2021
Privacy, Security, and Confidentiality – We are committed to protecting your information with a focus on improving health. We have security protocols in place that allow us to best improve the platform for you, while not incurring overly expensive storage, hosting, and accreditation fees that would minimize our ability to improve the platform for you. All information collected is for the purpose of improving your health and we do not ask for any information that does not support improving your health. You always have access to all of your data and you can delete all of your data at any time and it will be deleted from our servers within 30 days. All data is stored in Google Sheets and Glide Tables via the Glide platform, https://www.glideapps.com/, and protected by Google and Glide Security standards. Sign in to the platform is two-factor authentication, either through Gmail or entering your email and receiving a pin. We do not provide your data to any person or organization unless we are collaborating with them and they are also abiding by these terms and conditions.
Amendment of Terms – We may modify these terms and conditions, other terms and materials referenced in this document, ACL Care Pro, or the content of the ACL Care Pro website at any time for any reason.
Limitations on Use – The services and the content of ACL Care Pro are provided solely for your personal use. Republication, distribution, or use of ACL Care Pro that is inconsistent with the terms and conditions described herein is strictly prohibited. We reserve complete and sole discretion with respect to the operation of ACL Care Pro. We may, among other things withdraw, suspend or discontinue any functionality or feature of ACL Care Pro. We are not responsible for transmission errors and corruption or compromise of data carried over local or interchange telecommunication carriers. We are not responsible for maintaining data arising from use of ACL Care Pro. We reserve the right to maintain, delete or destroy all communications and material posted or uploaded to ACL Care Pro pursuant to its internal record retention and/or destruction policies.
By using this service, you agree not to attempt to access any other person’s information or use ACL Care Pro in an unlawful way or for any unlawful purpose. We reserve the right to delete any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene, or in violation of a copyright or other intellectual property right.
While the ACL Care Pro platform is intended to maximize recovery and standardize care in preparation for return to sport or other high level physical activity, we cannot guarantee these outcomes from spending time and energy with the platform. We hope the platform will benefit those that engage with it, but we can make no official claims or promises on the outcomes of such engagement.
You represent and warrant that you have all requisite legal power and authority to enter into these Terms.