TERMS OF SERVICE AGREEMENT
Please read the following terms of service (“TOS”) agreement carefully. This is a legally binding agreement between you and the Company that governs all services provided through this site (the “Services”). 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 these 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 are representing that you have authority to bind such entity to these terms and conditions. This Agreement is effective as of July 1, 2025.
As used herein, “the Company” shall mean XTS, LLC, inclusive of any and all subsidiaries, affiliates, agents, employees, officers, and partners where relevant. “Services”
refers to all services, content, materials, and information that is or may become available or otherwise accessible through this site, including without limitation any and all videos provided or otherwise made available by Company.
The Services Are for Informational Use Only
You hereby acknowledge and agree that all content provided by the Services is for general informational purposes only. It is not a substitute for professional veterinary 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.
No Approval/Sponsorship
You hereby acknowledge and agree that in providing the Services, the Company makes no guarantees or representations regarding the appropriateness, fitness, or consistency of any veterinary practice, veterinary health professional, or other provider. 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.
Proprietary Rights
You hereby acknowledge that the Services contain proprietary and/or confidential material, and that the Company owns the exclusive rights in the Services under various copyrights, trademarks, and other intellectual property or proprietary rights laws.
The Company grants you a limited, personal, non-exclusive, non-sublicensable, nontransferable, and revocable right to use the Services, subject to any further applicable limitations stated herein. 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.
It is a violation of these terms of service for any user to download or record any video or other content, or to share such content with any third party for any purpose other than those permitted and licensed herein. You agree to take reasonable measures to keep any log-in information confidential.
Disclaimer of Warranty/Limitation of Liability
You acknowledge and agree that the 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 shall be corrected.
Any information or material accessed 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, displaying, or for any loss of data that could result from the download of any related information or material.
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 (1) THE USE OF, OR INABILITY TO USE, OUR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES; (3) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY THROUGH OUR SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL STATEMENTS OR CONDUCT; (4) 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; and (5) 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.
Termination of Services
You agree that the Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or otherwise limit your access to and use of the Services for any of 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.
Choice of Law and Forum
These TOS 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 TOS (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 TOS 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. Nothing herein shall be construed to preclude any party from seeking injunctive relief in the state and federal courts located in Columbus, Ohio.
Use of Data
The Company will never share identifying information (names, emails, addresses, contact information) with third parties. However, the Company reserves the right to use aggregated and anonymized pet/care journey information to promote and market its services, perform market research, enhance its service offerings, and to share such information with third parties for similar purposes.
Disclaimer of Relationship
You acknowledge and agree that 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.
Waiver and 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.
Additional Terms for Providers
- Services are made available to Providers only as part of an initial annual (set-up) fee and monthly membership fee (subscription), which are renewed monthly.
Should a Provider fail to renew a subscription, or a termination of the subscription otherwise occur (such as by a material breach of the Terms of Service), Provider shall lose access to the Services.
- A membership is associated with a single physical (“brick and mortar”) location at which veterinary services are provided, and the address for which must be properly identified at the time of subscription. Separate memberships are required for any practice having multiple physical locations that desires to utilize the Services in connection with multiple locations. A Provider may assign their membership over to a new practice only if the new practice is located at the same physical “brick and mortar” location.
- For as long as a Provider has an active membership, the Provider shall have the right to utilize the Services in connection with Provider’s active clients associated with Provider’s physical location. The Provider shall also have access to an archive of information associated with Provider’s account, including content that Provider has previously shared with a particular client, and when a client accessed such content. XTS shall have no obligation to retain or share any information associated with a Provider account (including information pertaining to clients associated with the Provider account) once the account has been terminated/cancelled.
- Providers acknowledge and agree that memberships shall be automatically renewed on an annual basis. Any cancellation of renewal must be communicated to the Company at customercare@petpaksdvm.com in writing at least 60 days prior to the renewal date.
- The Company reserves the right to make changes to the annual or monthly membership fee. In the event of a change the annual membership fee, Company shall provide written notice of the change to Providers via the email address each Provider has identified for their account. Any new membership fee shall be automatically applied to all accounts that renew at least 30 days after the date of written notice.
- Providers are permitted to make use of the PETPAKS DVM mark and/or logo for marketing purposes as long as Providers have an active membership (subscription) with the Company for the Services.
Assignment
The TOS 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 TOS without restriction.
Changes to the Terms
These TOS 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.