Theryon

Last Revised December 14, 2016

1. Overview. Theryon, Inc. (“we,” or “Theryon”) respects the privacy rights of customers, visitors, and other users (“you” or “User”) of the services provided by Theryon through its mobile application (“Application”) and website (collectively, the “Site”). Our Site enables individuals to connect with licensed physical therapists (“Physical Therapists”) to provide in-person on demand sessions (“Sessions”). This Privacy Policy sets forth Theryon’s policy with respect to information that is collected from Users of the Site. This Privacy Policy applies only to our Site and not to any other website or mobile applications that you may be able to access from the Site or any website or mobile application of any third party, each of which may have its own privacy policy. Your use of the Site and services and functionalities provided on the Site (collectively, the “Service(s)”) is governed by this Privacy Policy and by Theryon’s Terms of Service, available at www.theryon.com, for users and by contacting support@theryon.com if you are a physical therapist.

The Site is not directed to children and children are not eligible to use our Site. If you are under age 18, please do not attempt to use our Site or provide any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us at support@theryon.com.

ACCEPTANCE OF POLICY: BY USING THE SITE AND SERVICES YOU HEREBY ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT TO THE COLLECTION AND USE, OF YOUR INFORMATION AS PROVIDED HEREIN. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SITE AND SERVICES ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE LEGALLY AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL'S OR ENTITY'S BEHALF.

2. Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

1. Information You Provide To Us. We collect the following types of information:
   • We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network (“Account”).
   • We collect information in connection with your Sessions.
   • If you use our Site on your mobile device, including through our Site, we may collect your phone number and the unique device id number.
   • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either reinstall the Site or deactivate GPS on your mobile device.
   • Our mobile homepage lets you store preferences like your location, safe search settings, and favorite widgets. We may associate these choices with your account or the mobile device, and you can edit these preferences at any time on our mobile homepage.
   • When connecting to our Site via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
   • The Site may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
   • If you order a Session on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
   • If you bill or pay for Sessions via our Site, we will collect all information necessary to facilitate payment, including your bank account information.
   • We retain information on your behalf, such as files and messages that you store using your Account.
   • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
   • Other information about you provided by to us by you or other users of the Site.

3. Collection and Use of Information via Technology

1. Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
2. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track Users’ movements around the Site, gather demographic information about our User base as a whole, and better tailor our Site to our Users’ needs. For example, some of the information may be collected so that when you visit the Site again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
3. Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
4. Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Users. In contrast to Cookies, which are stored on a User’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format Users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our Users. We may use this information to reduce or eliminate messages sent to a User. We do not tie the information gathered by Pixel Tags to our Users’ Personal Data.
5. Mobile Site. We may also collect non-Personal Data from your mobile device if you have downloaded our Application. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application, and information about the type of device you use. In addition, in the event our Application crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
6. Analytics. We use Google Analytics or a similar service to help analyze how Users use the Site. Google Analytics uses Cookies to collect information such as how often Users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique User the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy
7. Location Information.  If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location.  If you do not want this information collected by us, you can disable location services on your phone.

4. Theryon’s Use of Your Information

1. General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
   • facilitate the creation of and secure your Account on our network;
   • identify you as a User in our system;
   • provide improved administration of our Site and Services;
   • provide the Session you request or provide;
   • improve the quality of experience when you interact with our Site and Services;
   • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
   • send you administrative e-mail notifications, such as security or support and maintenance advisories; and
   • send newsletters, surveys, offers, and other promotional materials related to our Site and for other marketing purposes of Company.
2. User Testimonials and Feedback. We often receive testimonials and comments from Users who have had positive experiences with our Site. We occasionally publish such content. When we publish this content, we may identify you by your first and last name and may also indicate your home city. We obtain your consent prior to posting your name along with the testimonial. We may post feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with your Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other Users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
3. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Site and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

5. Sharing of Information
If you book a Session using the Site, Theryon will share your relevant Personal Data with the Physical Therapist you have selected to confirm and validate the availability of the appointment and to facilitate the direct communication between you and the Physical Therapist regarding your booking. By using the Site, you consent to disclosure of your Personal Data to the Physical Therapist to the extent that disclosure is necessary to book the appointment between you and the Physical Therapist.

If you are a Physical Therapist using the Site, you must complete a public profile that provides certain information about you on the Site. We may also share additional information regarding you to other third parties we work with. By using the Site, you consent to disclosure of your Personal Data to individual users and other third parties to facilitate coordination of Sessions.

In addition, we share certain categories of information we collect from you in the ways described in this Privacy Policy, including as described below:

1. Third Parties Designated by You. When you use the Site, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates.
2. Third Party Service Providers. We share your information (including Personal Data) with our business partners who assist us by performing services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site and/or by making certain Interactive Tools available to our Users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your contact data and other Personal Data to carry out their specific business obligations to Theryon.
3. Users. We will share your Personal Data with other Users solely for the purpose of providing the Site.
4. Affiliates. We may transfer information about you to a parent company, any subsidiaries, joint ventures or other companies under common control (collectively, “Affiliates”), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy.
5. Corporate Restructuring. We may transfer information about you to another company in connection with a merger, sale or acquisition by or of Theryon, in which case such company may continue to use your information as set forth in this Privacy Policy.
6. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Theryon may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Theryon; (c) to protect or defend the rights or property of Theryon or Users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

6. Credit Card Information
In order to request a Sessions on the Site, a credit card number may be required. Theryon may collect your credit card information, including card number, CVV, expiration date and billing information, and share it with our payment provider to process payment. The payment provider may store your credit card information for future use on the Site; provided that your CVV number will not be stored and must be re-entered for each credit card transaction. Our third party payment provider is required to keep your credit card information secure. Theryon assumes no responsibility or liability for unauthorized disclosures of your credit card information due to transmission errors, unauthorized third party access or other reasons beyond Theryon’s direct control.

7. Protected Health Information Additional terms regarding our use and disclosure of individual user protected health information is contained in the Authorization for Use of Health Information located at www.theryon.com.

8. Security; Confidentiality of Information
Theryon will take reasonable steps to protect your Personal Data from unauthorized access, disclosure or alteration. However, please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Data, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. You must promptly notify us if your contact data is lost, stolen, used without permission or otherwise compromised. In such an event, we will remove that contact data from your account and update our records.

Except as otherwise outlined in this Privacy Policy, we will keep your Personal Data private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Data or any other information we collect about you is necessary to: (1) comply with a court order or other legal process; (2) protect the rights, property or safety of Theryon or another party; (3) enforce our Terms of Service; or (4) respond to claims that any posting or other content violates the rights of third-parties.

Email and text messages that Theryon may send you may include Personal Data and such messages are not encrypted. This means that when the messages are sent over a network, someone without your permission may be able to read them. While such interception of messages is illegal, it is possible. Theryon will use commercially reasonable efforts to prevent this from happening. In addition, once a text or email message has been sent to your mobile device or computer, it is your responsibility to keep the personal identifying information contained in such message safe and secure. By using the Site, you agree that you understand and accept the risks detailed herein.

9. Physical Therapists
This Privacy Policy addresses our use and disclosure of information we collect from and/or about Users on the Site. Information made available through the Sites to between individuals and Physical Therapists is required to be used by such Physical Therapists in accordance with all applicable laws, including the Health Insurance Portability and Accountability Act and related statutes and regulations (collectively, “HIPAA”).

10. Public Information
Any information that you may reveal in an account page, profile or other posting or other online forum is open to the public and is not in any way private. You should think carefully before disclosing any Personal Data in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.

11. Controlling Your Personal Data. You have several choices regarding the use of your information on our Site.

1. Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
2. Cookies and Push Notifications. If you decide at any time that you no longer wish to accept Cookies or Push Notifications from our Site for any of the purposes described above, then you can instruct your browser or operating system, by changing its settings, to stop accepting Cookies or Push Notifications or to prompt you before accepting a Cookie from the websites you visit. Consult your browser and operating system’s technical information. If you do not accept Cookies or Push Notifications, however, you may not be able to use all portions of the Site or all functionality of the Site. If you have any questions about how to disable or modify Cookies or push notifications, please let us know at the contact information provided below.
3. Changing or Deleting your Personal Data. You can modify some of the Personal Data you have included in your profile or change your username by logging in and accessing your account. Upon your request, Theryon will use commercially reasonable efforts to delete your account and the Personal Data in your profile; however, it may be impossible to remove your account without some residual information being retained by Theryon in our archives. In addition, we may be required (by law or otherwise) to keep your Personal Data and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). After we delete Personal Data, we will retain anonymous (de-identified) information and will continue to use such information as permitted under this Privacy Policy. Once we disclose some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures (including Physical Therapists). Users who wish to close their account should email: support@theryon.com.
4. Applications. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

12. Links to Other Websites
The Site may contain links to unaffiliated third party websites or mobile Sites. Except as set forth herein, we do not share your Personal Data with them. In all cases, Theryon has no control over and is not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites. Additionally, we cannot guarantee the quality or accuracy of information presented on non-Theryon websites.

13. Updates and Changes to Privacy Policy
We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy. If we make any changes, we will post the amended Privacy Policy on the Site and we may also notify you in other ways. In all cases, continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14. Contact Theryon About Privacy
If you have any questions, comments or concerns about this Privacy Policy, please contact us at support@theryon.com.

Last Revised December 14, 2016

Revised January 06, 2017

Theryon Inc. (“Theryon”, “us” or “we”) provides users (“you” or “Users”) of the Theryon mobile application (“Application”) and website available at www.theryon.com (collectively the “Site”) with a technology platform to schedule in-person on demand physical therapy appointments (each, a “Session”) by physical therapists (each, a “Physical Therapist”) offering their service via the Site. The services offered by Theryon include the Site and any other features, content, products, or services offered from time to time by Theryon in connection with the Site (collectively, the “Services”), but you agree that the Services do not include, and that Theryon does not and will not provide you with, any licensed professional medical services of any kind. These Theryon Terms of Service (“Terms”) sets forth the legally binding terms for your use of the Site. By using the Site, you agree to be bound by these Terms. Sessions are currently only available in the state of New York.

BY ESTABLISHING AN ACCOUNT ON THE SITE AND/OR BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT ESTABLISHES AN ACCOUNT ON OR USES THE SITE.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date.

Physical Therapist Terms of Service. If you are a Physical Therapist using this service to provide Sessions to Users, your use of the Site and Services is governed by separate terms of service available at: support@theryon.com.

Privacy Policy. Theryon takes your privacy very seriously. For more information about our privacy practices visit: www.theryon.com.

1. Eligibility. By using the Site, you represent and warrant that you are eighteen years of age or older and your use of the Site does not violate any applicable law or regulation. If you are using this Site on behalf of someone else, you represent and warrant that you have the legal authority and/or necessary authorization to do so.
2. User Account.
   1. Creating Your Account. Prior to receiving, and in order to receive a Session, you must create a User account (an “Account”) by registering through the Site, providing us with true, accurate, and complete information as requested on the registration forms and pages (your “Registration Information”), and accepting these Terms, and agreeing to, electronically or otherwise, the Authorization for the Use and Disclosure of Health Information (the “Authorization Form”). You will promptly update all Registration Information to keep it true, accurate, and complete. Should we suspect that any Registration Information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Site. When you register, we will ask you to provide a user name and password. You agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. You will be responsible for any activities that occur under your Account until you terminate your Account in accordance with these Terms. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) create an Account for anyone other than yourself who you are not legally authorized to do so; (b) create or use more than one Account for the same person at any given time; (c) transfer your Account to anyone else; (d) permit anyone else to use your Account; or (e) use or access any other person’s Account.
   2. Account Use Restrictions. The Site is for the personal use of Users only and Users may not use them in connection with any commercial endeavors. You represent and warrant that you will use the Site solely for your own personal benefit or the benefit of someone you are legally authorized to act for and that you will not resell or distribute the Site. You will not use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s prior explicit consent. You will not: (i) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site; (ii) introduce software or automated agents to the Site so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Site; (iii) reverse engineer the Site or assist another in the same; or (iv) engage in any fraudulent, illegal, or unauthorized use of the Site. You will not attempt to impersonate another User or person, including, without limitation, any employee of Theryon. At all times, you will use the Site in a manner consistent with any and all applicable laws and regulations.
   3. Ordering Services. Prior to receiving a Session, you must agree to the Authorization Form, and each time you order a Session you must provide payment for the Session as described in these Terms. To order a Session, you must be at least 18 years of age. On a first visit, a Physical Therapist will be selected for you based on his/her proximity and/or availability to you. You will receive confirmation by e-mail, push notification, or text message indicating that your order has been placed and the Physical Therapist has accepted the Session order. On subsequent visits you may select a Physical Therapist previously seen or request a new Physical Therapist. All follow-up visits with a Physical Therapist must be scheduled via the Site.
   4. Compliance with Terms. Theryon will determine User’s compliance with these Terms in our sole discretion and our decision shall be final and binding. Any violation of the these Terms may result in restrictions on User’s access to and use of all or part of the Site and may be referred to law enforcement authorities. We may cancel, suspend or block your use of the Site and/or registration at any time, without cause. We may terminate and/or suspend your registration immediately, if there has been a violation of these Terms and such other policies and terms posted on the Site. Your right to use the Site will end once your registration is terminated, and any data you have stored on the Site may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time. We recommend that you transfer any information stored on the Site prior to terminating registration. We are not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.
3. Term. These Terms shall remain in full force and effect while you use the Site or have an Account. You may delete your Account at any time, for any reason by updating the information in your profile. Theryon may terminate your Account for any reason, effective upon sending notice to you at the then-current e-mail address in your Registration Information.
4. Fees and Payment.
   1. Payment Terms. At the time you order any Session, you will be required to give us a valid credit card number, issued by an issuer accepted by us, together with any other payment information we request. Your credit card issuer terms govern your use of your designated payment method, and you must refer to those terms and not these Terms to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Theryon invoices the designated payment method for all amounts due and payable. You agree to pay all such fees and charges incurred in connection with your use of the Site in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You agree to provide Theryon with complete and accurate billing and contact information. If the contact information you have provided is false or fraudulent, Theryon may terminate your access to the Site in addition to any other legal remedies. Theryon reserves the right, at any time, to change its prices and billing methods for Sessions and other products and services sold, either immediately upon posting on the Site, or by e-mail delivery to you.
   2. Distinct Fees. You acknowledge that the fees and charges incurred in connection with your use of the Site and your order of any Session include, even if billed collectively, two distinct fees: 1) an administrative fee for Theryon’s Services and 2) a professional fee for Physical Therapists’ services associated with the Session. The Physical Therapist will not charge any additional fees beyond the Session fee during your visit. You further acknowledge that although these fees may be collected at one time, Theryon does not share in the professional fees collected for any Physical Therapist’s services and derives its sole payment from you in the form of the administrative fee. Theryon will identify to you the respective portions of your payment for fees and charges that are for Theryon’s administrative fees and for Physical Therapists’ professional fees upon request.
   3. Order acceptance policy. Your receipt of an electronic order confirmation merely confirms our receipt of your order and does not signify Theryon’s acceptance of your order. Your order will be deemed accepted when your assigned Physical Therapist provides you with your Session. In the event that your assigned Physical Therapist cannot provide you with a Session for any reason, Theryon reserves the right at any time after receipt of your order to decline your order. In the event that Theryon declines your order, Theryon will return your payment using the same payment method designated by you on your order.
   4. Order cancellation policy. After booking a Session, a hold will be placed for the Session fee on your chosen payment option. Your payment option will not be charged for the Session fee until 1 hour prior your scheduled Session is set to begin. You may cancel your Session without charge up to 1 hour prior to the scheduled Session time. If you cancel your Session within 1 hour prior to the scheduled Session time, you will be owe and be charged cancellation fees totaling $50. This amount is comprised of an administrative cancellation fee which will be retained by Theryon and a professional cancellation fee which will be retained by the Physical Therapist that was scheduled to provide the Session.
5. Content and Proprietary Rights.
   1. Your Content. For purposes of these Terms, “Content” means any and all postings, messages, text, files, images, photos, video, works of authorship, or other material. Theryon does not claim ownership in any Content that you originate and publish, display, submit, upload or otherwise transfer to the Service, including Content that you submit using the Site in connection with any Session. You hereby grant to Theryon a non-exclusive, worldwide, irrevocable, perpetual, fully-paid and royalty free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, modify, publicly display, publicly perform, prepare derivative works of, transmit, and distribute Content for the purpose of (a) providing you with the Site and (b) creating, using, and disclosing de-identified and/or aggregated data from Your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth in this section for the Content that you post on the Service and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. You are solely responsible for any and all Content that is posted by or through your Account on any Service.
   2. User Guidelines. Theryon reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or these Terms or any conduct that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other Users or third parties, including removing such content from the Site, notifying the appropriate authorities, barring violators from accessing the Site, and terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by Theryon, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates these Terms or creates liability for Theryon.
   3. Theryon Content. The Site contains Content owned and/or developed by or on behalf of Theryon and its licensors (“Theryon Content”). Theryon and its licensors own and retain all proprietary rights in the Theryon Content and the Site. You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Theryon Content. Theryon hereby grants you a limited, revocable, non-sublicenseable license to reproduce and publicly display the Theryon Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services.
   4. The Site is a Venue. The Site is a venue designed to connect Physical Therapists with Users looking for physical therapy services. Theryon does not provide or arrange for physical therapy services. Theryon does not participate in the interaction between Physical Therapists and Users except to charge Users fees that include administrative fees for Theryon’s Services and professional fees for Physical Therapists’ services associated with Sessions, but Theryon does not share in the professional fees collected for any Physical Therapist’s services and derives its sole payment from you in the form of administrative fees. Any disputes related to any physical therapy services received by Users or payment due to any Physical Therapist will be resolved by Theryon dispute policies and practices, as described in these Terms. Theryon has complete discretion to refund some or all of the administrative fee and professional fee associated with your Session. You understand and agree that Theryon has no control over and is not responsible for the acts or omissions of any Users or Physical Therapists on or off the Site. Theryon does not provide any diagnosis or treatment itself. Nothing provided by Theryon shall be construed as the practice of medicine or providing medical services. You also understand and agree that Theryon makes no representation or warranty regarding the quality of any services provided by any Physical Therapist. Theryon is not responsible for the accuracy or reliability of any information provided, on or off the Site, by any Physical Therapist or any User.
      
      All information, materials, content and/or advice on the Site or provided through the Site is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Theryon expressly disclaims, and you expressly release Theryon from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
      
      IF YOU CHOOSE TO BE CONNECTED WITH A PHYSICAL THERAPIST, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO A PHYSICAL THERAPIST. IF A PHYSICAL THERAPIST ACCEPTS, AN IN-PERSON MEETING BETWEEN YOU AND A PHYSICAL THERAPIST, AT A LOCATION OF YOUR CHOOSING MAY OCCUR. THE SITE IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH INFORMATION REGARDING A PHYSICAL THERAPIST THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM OUR SITE.
      
      BY USING THE SITE OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THERYON IS NOT A PROVIDER NOR ARE THERYON SCHEDULERS MEDICALLY TRAINED PERSONNEL.
      
      THERYON EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE THERYON FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF PHYSICAL THERAPIST AND/OR USERS ON OR OFF THE SITE OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY PHYSICAL THERAPIST.
      
      DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL 911.
6. Copyright Policy. Upon prompt notification to Theryon by a copyright owner or a copyright owner’s legal agent, it is Theryon’s policy to terminate the Account of any User who repeatedly infringes third party copyright rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent (using the contact information listed below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Theryon’s Copyright Agent for notice of claims of copyright infringement is as follows:
   
   Theryon, Inc
   Attn: Copyright Agent.
   Theryon, Inc.
   333 Pearsall Avenue, Suite 203
   Cedarhurst, New York 11516
   
7. Third Parties and Other Users and Physical Therapists.
   1. Third Party Content. Content from other persons (including any Users and Physical Therapists), advertisers, and other third parties may be made available to you through the Site. Because Theryon does not control such Content, you agree that Theryon is not responsible for any such Content, including advertising and information about third party products or services. Because Theryon does not have control over such Content, Theryon makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and Theryon assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other persons (including any Users), advertisers, and third parties.
   2. Responsibility. Your interactions with other persons (including any Users and Physical Therapists) or third parties using the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or third party. You agree that Theryon will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information.
   3. Third-Party Links. The provision of links to other Sites or locations is for your convenience and does not signify our endorsement of such other Sites or locations or their contents. Links to other Sites or locations may also be posted by other persons. Theryon has no control over, does not review, and cannot be responsible for, these outside Sites or their content. Please be aware that our Privacy Policy does not apply to these outside Sites.
8. No Warranty. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SITE IS PROVIDED “AS-IS” AND AS AVAILABLE, (B) THERYON EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, THERYON SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF THERYON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THERYON’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100), OR THE AMOUNTS YOU PAID TO THERYON IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE THERYON’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THERYON OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Release. You hereby release Theryon, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction with any other User and/or with any Physical Therapist.
    
    If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11. Indemnity. You agree to defend, indemnify, and hold Theryon, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from your breach of any provision of these Terms.
12. Electronic communications. Communication between you and Theryon will be affected through electronic means, including, without limitation, through the Site, e-mails, and/or SMS. For contractual purposes, you (a) consent to receive communications from Theryon in an electronic form; and (b) agree that all terms and conditions, Terms, notices, disclosures, and other communications that Theryon provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
13. Arbitration. You agree that any claim, dispute, or controversy you may have against Theryon arising out of, relating to, or connected in any way with these Terms, the Site or the Service, including any question regarding its existence, validity, or termination, as well as any challenge to the tribunal’s jurisdiction, shall be resolved by means of binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (except where those Rules conflict with porivisions in these Terms, in which case these Terms shall govern). The arbitration hearing shall take place in New York, New York before a single arbitrator. The seat of the arbitration shall be New York. The arbitrator will, in rendering its decision, apply the substantive law of the State of New York, without giving effect to conflict of law provisions that may require the application of the laws of another jurisdiction. The decision and award rendered by the arbitrator will be final and non-appealable (except for an alleged act of corruption or fraud on the part of the arbitrator). The arbitrator shall be a practicing attorney or retired judge with at least fifteen years total working experience as such. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    
    Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof which lies within the territorial boundaries of the state of New York.
    
    The arbitrator shall issue a reasoned decision, which shall include findings of facts and conclusions of law.
    
    The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator.
    
    At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of three depositions per party. Each deposition shall be a maximum of four hours in duration, unless the arbitrator otherwise determines. The arbitrator may allow such other discovery as he or she determines is reasonably necessary for a fair determination of the dispute; however, no party shall be directed to produce in excess of 5,000 pages of documents or produce more than five witnesses for depositions. In addition, notwithstanding the foregoing sentence, no interrogatories, requests for admission, or written depositions shall be allowed by the arbitrator, except that each party may serve five interrogatories within 90 days following the appointment of the arbitrator. These interrogatories may ask a party about their contentions and bases for their claims or defenses. Any dispute or objections regarding discovery or the relevance of evidence shall be determined by the arbitrator, and shall generally be in accordance with New York law. All discovery shall be completed within 120 days following the appointment of the arbitrator, unless the arbitrator otherwise determines.
    
    No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation under the law of the state of New York or a shorter statute borrowed by New York under CPLR 202. Notwithstanding the foregoing, all claims shall be barred after two years from the occurrence of the event or events giving rise to the controversy, claim, dispute or breach.
    
    You may bring claims against Theryon in your individual capacity only, and not by way of any purported class, collective, or representative actions or arbitrations. Individual arbitrations may not be combined without consent of all parties.
    
    The arbitrator is not authorized to award punitive, special, exemplary, incidental or consequential damages, or other damages not measured by the prevailing party’s actual damages. An award of damages shall include pre-award interest at the rate of 4 percent from the time of the act or acts giving rise to the award. Each party shall bear its own costs, fees and expenses of arbitration.
    
    The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
14. Governing Law. These Terms shall be governed by and interpreted by and under the laws of the State of New York, without giving effect to any conflict of laws principles that may provide the Site of the law of another jurisdiction. You and Theryon agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in New York, New York and the federal courts located in the Southern District of New York in such legal action or proceeding. Notwithstanding the foregoing, Theryon may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
15. Other. These Terms constitutes the entire Terms between you and Theryon regarding the use of the Site. If any provision of these Terms is, for any reason, found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Theryon to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms at Theryon Customer Service, 333 Pearsall Avenue, Suite 203, Cedarhurst, New York 11516, or at support@theryon.com.
16. Copyright/Trademark Information. You acknowledge and agree that, as between Theryon and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Theryon or its licensors and are protected by United States intellectual property laws and other applicable laws.
    
    All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Theryon or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site; using the Site as a resource; or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.
    
    The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Theryon. Unauthorized use of any trademark of Theryon may be a violation of trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by Theryon or of Theryon by the third parties.

Last Revised December 14, 2016

Theryon Inc. (“we” or “us”) respects the privacy of your personal and medical information that is disclosed to us in the course of our relationship with you. We will collect your health information, directly or indirectly, from you through your interaction with our website, application, and services (collectively the “Site”). We may also collect health information about you, directly or indirectly, from other users of the Site with whom you make appointments. You hereby authorize physical therapists that provide health services to in connection with the Site to disclose your health information to us for purposes of providing the Site, and you authorize us to retain a copy of such health information after our relationship with such physical therapist has ended for purposes of continuing to provide the Site and administrative services to such physical therapists. You also hereby authorize us, and any third party vendors acting on our behalf, to use all, or any part of, your health information to perform our applicable services, including without limitation the Site.

We may use and disclose to third party vendors your name, mailing address, email address or other personal information for the purpose of sending you materials that market or promote health care products, services or therapies, or services offered by us or the Site. You understand that we may receive direct or indirect payment from the third-party companies whose products or services are being promoted in such communications.

As used in this Site, the term “health information” means all information relating to your past, present, or future physical or mental health or condition; the provision of health care to you; or the past, present, or future payment for the provision of health care to you. It includes such information regardless of whether it was created before or after your execution of this Site. It also includes such information regardless of whether it was: (i) collected by us in connection with the Site; or (ii) shared or submitted in connection with the Site by you, or by other users of the Site.

You understand that you have the right to revoke this authorization in writing at any time by sending written notification to Theryon, Inc. at support@theryon.com. You understand that a revocation is not effective to the extent Theryon, Inc. has already relied on the authorization to use or disclose your health information as described above. This authorization will remain in effect unless revoked in writing in the above specified manner.

Your healthcare and payment for your healthcare will not be affected if you do not sign this Authorization; however, it may affect your continued use of the Site.

If you are signing this authorization on behalf of someone else, you represent and warrant that you have all legal rights necessary to provide this authorization on behalf of the person for whom you are agreeing.