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: firstname.lastname@example.org.
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.
Attn: Copyright Agent.
333 Pearsall Avenue, Suite 203
Cedarhurst, New York 11516
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.”
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.
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.