Privacy Policy and Terms of Use

THERALINK TECHNOLOGIES, INC. WEBSITE PRIVACY POLICY

Last modified: May 18, 2020

INTRODUCTION

Theralink Technologies Inc. (“Company“, “we“, or “us“) respects your privacy and is committed to protecting it through our compliance with this policy. This Policy describes the types of information we may collect from you or that you may provide when you visit www.theralink.com or any social media site, mobile sites, or online application owned and/or operated by the Company, including any content, functionality and services offered on or through these sites or channels (our “Websites“) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This Policy applies to personal (i.e., individually identifiable) and other information we may collect:

  • On our Websites.
  • Through e-mail, text and other electronic messages between you and our Websites.
  • Through mobile and desktop applications downloaded from our Websites, which may provide dedicated non-browser-based interaction between you and our Websites.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

This Policy does not apply to information collected by:

  • us offline or through any other means not included in the above-provided definition of our Websites; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Websites.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites or register for the services and information we offer. By accessing or using our Websites, you agree to this Privacy Policy.

By submitting your information on any of our Websites, you are consenting to your information being sent to Theralink Technologies, Inc. in the United States for the purposes described in this Privacy Policy. Please note that the laws of the United States pertaining to the use and protection of personal information may differ from that of other countries.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through notices on our Websites. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes. Your continued use of our Websites after we make changes to our Privacy Policy is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

No one under age 13 may provide information on our Websites. Our Websites are not directed at children under 13. If you are under 13 and would like to access our Websites and the information and services we provide, please consult your parent or guardian and ask them to register or use our Websites’ features on your behalf. If you believe we have any information from or about a child under 13 without parental or guardian consent, please contact us at info@theralink.com so that we may identify and delete that information.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Websites, including:

  • Information by which you may be personally identified, such as name, postal address, email address or telephone number (“personal information“).
  • Information that is about you but individually does not identify you, such as what classifications you fit into (e.g. patient, caregiver, healthcare provider, investor, media, etc.).
  • Records and copies of correspondence between you and Theralink Technologies, Inc.
  • Data about your internet connection (including your IP address, operating system and browser type), your search queries on our Websites, the equipment you use to access our Websites and other usage details (including traffic data, location data, logs and other communication data and the resources that you access and use on our Websites).
  • Your responses to surveys that we might ask you to complete for research purposes related to our business.

You also may provide information to be used, published or displayed (hereinafter, “posted“) on public areas of our Websites, or to be transmitted to other users of our Websites (collectively, “User-Generated Information“). When You provide User-Generated Information, you do so at your own risk. Although in some cases you may be able to establish certain privacy settings for your User-Generated Information that is posted on our Websites, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Websites with whom you may choose to share your User-Generated Information. Therefore, we cannot and do not guarantee that your User-Generated Information will not be viewed by unauthorized persons.

We collect information about you:

  • Directly from you when you post it on any of our Websites or otherwise provide it to us via our Websites, (e.g., by completing online forms on our Websites (e.g., registration forms on our Websites for our services)), or by mail, email, fax, or phone.
  • Automatically as you navigate through our Websites through cookies and other tracking technologies described below.
  • From third parties such as our business partners and agents.

Information Collected Automatically

The information about you that we collect automatically does not identify you personally, but rather only by reference to the device you use to access our Websites. This information tells us about your usage of our Websites, which helps us to improve our Websites and to deliver a better and more personalized service to you. By enabling us to take into account your usage patterns and preferences, this information helps us to customize our Websites according to your individual interests, to speed up your searches, and to recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include:

  • Cookies. (browser or flash cookies). A browser cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. Certain features of our Websites may also use local stored objects (or flash cookies) to collect and store information about your preferences and navigation to, from and on our Websites. You are able to limit access of flash cookies to your computer with add-ons and other tools available online. If you limit access of cookies, you may be unable to access certain parts of our Websites. Unless you have adjusted your settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.
  • Web Beacons. Pages of our Websites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Although the information we collect automatically does not personally identify you, we may link that information to information that does personally identify you that we otherwise collect as described in this policy.

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements on our Websites such as social media websites, are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Websites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible advertiser or content provider directly.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

  • To respond to your inquiries for information, and to provide you with information about Theralink Technologies, Inc. and its products and services, by email, regular mail, text message or phone according to your preferences.
  • To present our Websites and their contents to you according to your preferences.
  • To develop statistics and analysis to improve and further develop our Websites and the information and services we may offer from time to time.
  • To request your participation in Theralink Technologies, Inc. surveys and other market research which can include requests for demographic, geographic or other personal information and other data which Theralink Technologies, Inc. may use to create useful services and information for users of our Websites and for other lawful business purposes.
  • To provide you with notices.
  • To notify you about changes to our Websites or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Websites.
  • For any other purpose with your consent.

Some of our Websites or forms in which we collect information from you, will have an “opt-In” option for you to allow Theralink Technologies, Inc. and companies working on its behalf to communicate with you regarding information and services that may be available to you. If you register for one of our Websites, we may provide you with information or services consistent with the information you provide.

DISCLOSURE OF YOUR INFORMATION

Theralink Technologies, Inc. does not share personally identifiable information with any unaffiliated third party for such third party’s own marketing purposes. We may disclose aggregated information about our users, and other information that does not identify any individual user, without restriction.

We may disclose personal information that we collect as described in this Privacy Policy:

  • To our subsidiaries and affiliates who are required to comply with this Privacy Policy.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Theralink Technologies, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Theralink Technologies, Inc. about users of our Websites is among the assets transferred.
  • With your consent and/or for any other purpose disclosed by us when you provide the information.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Theralink Technologies, Inc., users of our Websites or others.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with reasonable choices regarding our collection and use of information about you. For example, you may: (1) choose not to provide personal information on our Websites, (2) set your browser preferences and use web tools available to block the cookies sent in connection with your use of our Websites, (3) follow the instructions to unsubscribe from our services included on our Websites and the communications sent to you, and/or (4) email a request to unsubscribe from our services to info@theralink.com.

ACCESSING AND CORRECTING YOUR INFORMATION

You may send us an e-mail at info.theralink.com to request access to or the correction or deletion of any personal information that you have provided to us. We may not accommodate a request to change information for several reasons, including if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Proper access to and use of information provided on our Websites is governed by our Terms of Use.

Kindly note that, if you delete your User-Generated Information from any of our Website, copies of your User-Generated Information may remain viewable in cached and archived pages or might have been copied or stored by other users of our Websites. Proper access and use of information provided on our Websites, including User-Generated Information, is governed by our Terms of Use.

DATA SECURITY

We have implemented measures designed to secure your personal information from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Websites.

CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Theralink Technologies, Inc.
Attn: William Sullivan
15000 W. 6th Avenue, Suite 400, Golden, CO 80401
info@theralink.com

 

TERMS OF USE FOR THERALINK TECHNOLOGY, INC.’S WEBSITES

Last Modified: May 18, 2020

The following terms and conditions, together with any documents they expressly incorporate by reference (the “Terms of Use“), govern your access to and use of Theralink Technologies, Inc.’s (“Company“, “we“, or “us“) websites, including www.theralink.com and any mobile sites, or other social media channels owned and/or operated by the Company including any content, functionality and services offered on or through these sites or channels (the “Websites“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Websites. By using our Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, found at https://www.TheralinkTechnologies.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Websites.

Our Websites are offered to users who are 13 years of age or older in the United States (“U.S.“) and are governed by U.S. law. We make no claim that our Websites are appropriate for access or use outside the U.S. Your access and/or use of our Websites outside of the U.S. are at your own risk, and you are responsible for compliance with the laws of your jurisdiction. By accessing and using our Websites, you represent and warrant that you are 13 years of age or older and are complying with the applicable laws of your jurisdiction in accessing and using our Websites. If you do not meet all of these requirements, you must not access or use our Websites.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of our Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Websites, so you are aware of any changes, as they are binding on you. The last date on which our Terms of Use have been modified will be identified at the top of this webpage.

ACCESSING OUR WEBSITES AND ACCOUNT SECURITY

We reserve the right to withdraw or amend our Websites, and any service or material we provide on our Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Websites to users, including registered users.

To access our Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our Websites that all the information you provide on our Websites is correct, current and complete. You agree that all information you provide to register with our Websites or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to notify us immediately of any unauthorized access to or use of your subscription or security information. We have the right to disable any services offered to you through our Websites at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

Our Websites and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to access and use our Websites and any services offered on them for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites in violation of the intellectual property rights mentioned above.

You must not:

  • Modify copies of any materials from our Websites.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text made available on our Websites.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Websites.

If you wish to make any use of materials on our Websites other than that set out in this section, please address your request to: info@theralink.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Websites in breach of our Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Websites or any content on our Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS

Our Company name, product and service names, slogans, designs and associated logos are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. Any names, logos, product and service names, designs and slogans on our Websites that are not owned by the Company or its affiliates are the trademarks of their respective owners.

PROHIBITED USES

You may use our Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Websites:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Websites, or which, as determined by us, may harm the Company or users of our Websites or expose them to liability.

Additionally, you agree not to:

  • Use our Websites in any manner that could disable, overburden, damage, or impair our Websites or interfere with any other party’s use of our Websites, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access our Websites for any purpose, including monitoring or copying any of the material on our Websites.
  • Use any manual process to monitor or copy any of the material on our Websites or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of our Websites.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Websites, the servers on which our Websites are stored, or any server, computer or database connected to our Websites.
  • Attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Websites.
  • Knowingly provide or post any false, misleading, or fraudulent information on our Websites.
  • Violate the copyright rights, trade secrets, right of publicity or privacy or any other proprietary rights of any third party through posts or other use of our Websites.
  • Defame, harass, offend, threaten others or otherwise inappropriately use our Websites.
  • Compile any database or list of other visitors to our Websites.

USER-GENERATED INFORMATION

Some of our Websites may have functionalities that allow you to post, submit, publish, display or transmit to the Company or other users or other persons (hereinafter, “post“) any comments, information or other materials (“User-Generated Information”). You are fully responsible for any and all User-Generated Information you post including its legality, reliability, accuracy and appropriateness. The Company is not responsible, or liable to any third party, for the content and accuracy of any Use-Generated Information.

Such User-Generated Information must comply these Term of Use and will be treated as non-confidential and non-proprietary. By posting any such User-Generated Information, you represent to Company and the other users of its Websites that you own or have the right to reproduce, post or otherwise provide the User-Generated Information on the Websites. Unless otherwise specifically stated in any additional terms and conditions that apply, you retain whatever ownership you may have in the User-Generated Information you post, but by posting them to a Company Website, you grant to Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such User-Generated Information in any way and for any purpose whatsoever. The Company will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the User-Generated Information to others, without limitation.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Remove or refuse to post any User-Generated Information for any or no reason in our sole discretion.
  • Take any action with respect to any User-Generated Information that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Generated Information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Websites or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use or access of our Websites.
  • Terminate or suspend your access to all or part of our Websites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We are not able to and do not undertake to review all User-Generated Information before it is posted on our Websites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

RELIANCE ON INFORMATION ON OUR WEBSITES

The information presented on or through our Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed by users of our Websites on any and all materials available on our Websites.

The content on our Websites is not intended to provide medical advice or to provide instructions on the use of our drug candidates and should not be relied upon as the basis of any healthcare decision. The content is not intended to replace informed medical advice from your qualified healthcare provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any healthcare product.

Nothing on our Websites constitutes or is intended to constitute an invitation or offer to invest in the securities of Theralink Technologies, Inc.

Our Websites or content provided through your subscriptions to services offered on our Websites may include content provided or created by third parties, including medical or news materials. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity creating or providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party, for the content or accuracy of any materials created or provided by any third parties.

FORWARD-LOOKING STATEMENTS

The statements that are not historical facts contained in our Websites are forward-looking statements that involve risks and uncertainties, including, but not limited to, the results of research and development efforts, the effect of regulation by the FDA and other agencies, the impact of competitive products, product development, commercialization and technological difficulties, [and other risks detailed in the Company’s Securities and Exchange Commission filings. Further information on the factors and risks that could affect Theralink Technology, Inc.’s business, financial condition and results of operations are contained in Theralink Technology, Inc.’s public disclosure filings with the U.S. Securities and Exchange Commission, which are available at www.sec.gov.

CHANGES TO THE WEBSITE

We may update the content on our Websites from time to time at our sole discretion, but their content is not necessarily complete or up-to-date. Any of the material on our Websites may be out of date at any given time, and although we try to maintain the content of our Websites up-to-date we are under no obligation to update such material during any particular time frames.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on our Websites is subject to our Privacy Policy. By using our Websites, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Our Websites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on our Websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause our Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Otherwise take any action with respect to the materials on our Websites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If our Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of third party websites linked to our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

We are incorporated in the state of Nevada and our headquarters is located in the State of Colorado in the United States. Our Websites are designed for use only by persons located in the United States. We make no claims that our Websites or any of their content is accessible or appropriate outside of the United States. Access to our Websites may not be legal by certain persons or in certain countries. If you access or use our Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITES, OR ON ANY WEBSITES LINKED TO OUR WEBSITES.

YOUR USE OF OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES IS AT YOUR OWN RISK. OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON OUR WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Websites, including, but not limited to User-Generated Information you provide or post on our Websites and any use of the content on our Websites, services other than as expressly authorized in these Terms of Use or your use of any information obtained from our Websites.

GOVERNING LAW AND JURISDICTION

All matters relating to our Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use of the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City of Denver, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and [NAME], Inc. with respect to our Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Websites.

YOUR COMMENTS AND CONCERNS

This website is operated by Theralink Technologies, Inc., 15000 West 6th Avenue, Golden, Colorado, 80401.

All other feedback, comments, requests for technical support and other communications relating to our Websites should be directed to: info@theralink.com.

Thank you for visiting Theralink Technologies Inc.’s Websites.