Terms of Use

Terms Of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. This is a legally binding agreement that governs all services provided through this site.  BY ACCESSING OR USING OUR SERVICES AND RELATED SITE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE, INCLUDING THE TERMS OF OUR PRIVACY POLICY. IT IS YOUR RESPONSIBILITY TO READ THESE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE ANY OF THE SERVICES AND leave this site.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 09/08/2025.

As used herein, “the Company” shall mean XTS, LLC, inclusive of any and all subsidiaries, affiliates, agents, employees, officers, and partners where relevant.  “Training Curriculum” shall refer to any and all videos provided or otherwise made available by Company, including PetPaksDVM videos.

Propriety Rights

You do hereby acknowledge that the Services contain proprietary and/or confidential material, and that the Company holds the exclusive rights in the Services under various copyrights, trademarks and other intellectual property or proprietary rights laws.

The Company grants you a personal, non-exclusive, non-sublicensable, nontransferable, and revocable right to use the Training Curriculum in connection with your clinical practice only at your designated location(s) and in the described manner outlined in the attached Schedule (“Schedule of Locations and Clinic Design”). You are not permitted to copy, alter, modify, reverse engineer, decompile, rent, lease, lend, sell, transmit, redistribute, broadcast, publicly perform, and/or create any plagiaristic works of the Site or Services, or any portion thereof, nor allow any third party to do so.  You also agree not to access or attempt to access our Services through any means other than through the interface which is provided by the Company for use in accessing our Services.  If you are a provider you are permitted to advertise that you use the Services.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • ALL CONTENT PROVIDED BY THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY.  IT IS NOT A SUBSTITUTE FOR PROFESSIONAL VETRINARY ADVICE, DIAGNOSIS, OR TREATMENT.  IN NO EVENT SHOULD THE SERVICES BE USED FOR ANY TYPE OF MEDICAL EMERGENCY, OR FOR THE PURPOSES OF DIAGNOSING OR TREATING ANY ILLNESS OR CONDITION. A LICENSED VETERINARIAN SHOULD ALWAYS BE CONSULTED AS PART OF ANY DIAGNOSIS OR TREATMENT PLAN FOR A PET.  PROFESSIONAL VETERINARY ADVICE SHOULD NEVER BE DELAYED OR DISREGARDED DUE TO ANY INFORMATION PROVIDED VIA THE SERVICES.
  • THE USE OF THE SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  • THE COMPANY MAKES NO SUCH WARRANTIES THAT (i) THE INFORMATION PROVIDED VIA THE SERVICES IS ACCURATE; (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS; (iii) THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR (iv) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  • ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE SERVICES SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER(S), NETWORK, AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
  • NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM THE COMPANY OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  • A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN.  CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Disclaimer of Approval/ Sponsorship

You agree that in providing the Services, the Company makes no guarantees or representations regarding the appropriateness, fitness or consistency of any veterinary practice or veterinary health professional. To the fullest extent allowed by applicable laws, in no event will the Company or any of its licensors, service providers, employees, agents, members, managers, officers, or directors be liable for indirect, general, special, incidental, consequential,  exemplary or other damages (including, without limitation, damages for personal injury, pain and suffering, emotional distress, loss of profits or anticipated savings, loss of use, loss of goodwill, business interruption, corruption of files, loss of business information, or any pecuniary loss), under any legal theory (whether caused by tort (including negligence), breach of contract or otherwise), arising out of or in connection with any practice or veterinary health professional’s use, or failure to use, the Services, even if foreseeable and even if the Company has been advised of the possibility of such damages.

 Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  • THE USE OR INABILITY TO USE OUR SERVICES.
  • THE COST OF PROCURING SUBSTITUTE SERVICES.
  • STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY THROUGH OUR SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL STATEMENTS OR CONDUCT.
  • ANY CLAIM OF NEGLIGENCE, CARELESSNESS, PROFESSIONAL MALPRACTICE, OR OTHER CIVIL OR CRIMINAL LEGAL HARM ASSOCIATED WITH ANY VETERINARY ADVICE, DIAGNOSIS, OR TREATMENT OF ANY PET.
  • ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SIMILARLY, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, its licensors, service providers, employee, agents, members, managers, officers, directors, successors and assigns, AGAINST ANY CLAIMS, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF LITIGATION, THAT ARE INCURRED IN DEFENSE OF A CLAIM BROUGHT AGAINST YOU REGARDING ACTS ASSOCIATED WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ACTS OF NEGLIGENCE, PROFESSIONAL MALPRACTICE, INTELLECTUAL PROPERTY INFRINGEMENT, YOUR VIOLATION OF ANY OF THESE TERMS, OR ANY OTHER ACTION THAT IS PROHIBITED BY THESE TERMS OR BY LAW.

Term & Termination

You agree that the Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or otherwise limit your account, and access to any of our Services for the following reasons:

  • any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline.
  • by way of requests from law enforcement or any other governmental agencies.
  • the discontinuance, alteration and/or material modification to our Services, or any part thereof.
  • unexpected technical or security issues and/or problems.
  • any engagement by you in any fraudulent or illegal activities.
  • If you receive the Services through a Provider, your access will terminate if the Provider ceases their membership.  Company is under no obligation to provide You with advance notice of the termination of Services.

If You are a Provider, you shall have membership access to the Services for an initial term of 12 months beginning on the date of your enrollment.  This term shall automatically renew every 12 months thereafter, on the anniversary of the date of enrollment.  Automatic renewal shall not occur if, at least 60 days prior to the anniversary of the date of enrollment, You (Provider) contact the Company via email at info@petpaksdvm.com with subject heading “Account Cancellation” and make a written request for cancellation of Your membership.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of laws provisions.

Arbitration 

Any dispute or claim arising out of, relating to, or in connection with these Terms of Use (whether for breach of contract, tortious conduct, or otherwise) shall, to the extent permitted by law, be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if claims qualify. All fees associated with any arbitration or small claims action shall be paid by you. There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court and must follow the Terms of Use as a court would.  Arbitration shall be conducted in accordance with the American Arbitration Association’s commercial arbitration rules, if applicable, the supplementary procedures for the resolution of consumer related disputes, consolidated or class action arbitrations shall not be permitted.  Arbitration hearings shall be held in Columbus, Ohio.  If this location is not convenient for you, you shall inform the Company, and it will work with you to determine a mutually convenient location.  However, any disagreement regarding the location in which arbitration hearings will be held shall be settled by the arbitrator.  Nothing herein shall be construed to preclude any party from seeking injunctive relief in the state and federal courts located in Columbus, Ohio.

Disclaimer of Relationship

By your use of the Training Curriculum no legal relationship has been created or established between you and the Company including, without limitation, a joint venture, partnership, franchise, business opportunity, or any other form of business relationship other than an at- arms- length transaction. You have gained the right to use the Training Curriculum as described in the Schedule, and not for any other business purpose.

Waiver of Severability of Terms

At any time, should the Company fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Assignment

The Terms of Use and any rights, licenses or uses granted may not be transferred or assigned by you.  The Company may assign any rights, licenses or uses granted in these Terms of Use without restriction.

Changes to the Terms

These Terms of Use are current and effective as of the date set forth above.  The Company reserves the right to change these Terms from time to time, consistent with applicable laws.  These changes will be effective as of the date that they are posed on our Site.  Your continued use of the Site after the Company has posted revised Terms constitutes your agreement to be bound.

Questions

If at any time you have any questions about the Terms please email us at info@petpaksdvm.com.

 

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