Terms of Service
Last Updated: 10 February 2015
- XPrep Learning Solutions, Inc. ("XPrep," "We," or "Our") provides a messaging and communications service, ViralVet, which is available as a website and as an application on computers (collectively, "Services"), including a mobile application on smartphones and tablet computers. The purpose of ViralVet is to facilitate networking, sharing, and learning in a community of veterinary practice.
- The following Terms of Service ("Terms") apply to all guests and registered users (collectively, "Users," "You," or "Your") of ViralVet. By accessing or using the Services, You or a party that You are authorized to represent agree to and are legally bound by the following Terms. If You do not agree to the following Terms, do not use or access the Services.
- "User Contents" means all texts and images that are posted, uploaded, published, submitted, transmitted, or otherwise made available on the Services by the Users.
- "ViralVet Contents" means all texts and images that are posted, uploaded, published, submitted, transmitted, or otherwise made available on the Services by XPrep.
- These Terms may be modified at any time and for any reason, with or without notice. Updated Terms may be accessed through the Services. By continuing to access or use the Services, You accept the updated Terms. If You do not agree to the updated Terms, do not use or access the Services.
- NO DIAGNOSTIC SERVICE
- VIRALVET IS PRIMARILY AN EDUCATIONAL TOOL AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR INJURY (COLLECTIVELY, "UNAUTHORIZED PURPOSES"). BECAUSE XPREP HAS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE SERVICES FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF THE SERVICES FOR SUCH UNAUTHORIZED PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF VETERINARY MEDICINE OR OTHER HEALTH PROFESSION(S).
- NO WARRANTY
- XPREP DISCLAIMS ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. XPREP WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY, OR INTERRUPTION IN THE SERVICES. XPREP MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PORTION OF THE SERVICES, OR ANY CONTENTS PROVIDED BY ITS AFFILIATES AND THIRD PARTIES.
- YOUR USE OF THE SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE SERVICES AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE SERVICES, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE SERVICES AND INTERACTION WITH OTHER USERS OF THE SERVICE, ONLINE AND OFFLINE. IF YOU HAVE SPECIFIC VETERINARY HEALTHCARE NEEDS, OR FOR COMPLETE VETERINARY HEALTH INFORMATION, PLEASE SEE A VETERINARIAN OR OTHER HEALTHCARE PROVIDER(S).
- All users must register to create an account ("Account") and become a registered user. During the registration, You must provide a user name, an email address, a password, and other information specified in the registration form (collectively, "Registration Data"). Each registration is for a single user only. You are responsible for maintaining the strict confidentiality of Your Registration Data and/or other personal information.
- The Users may become a Verified User by submitting a request and copies of supporting documentation, such as diplomas, certificates, and identification. The Users are notified when the request to become a Verified User is approved or denied.
- By registering, You represent and warrant that You have provided and will continue to provide accurate and complete information in any communication with XPrep.
- You may not use Registration Data that is already being used by another user; that may be construed as impersonating another person; that belongs to another person; that violates intellectual property rights or other rights of any person; or that is offensive.
- XPrep reserves the right to refuse to grant You an Account, temporarily or permanently refuse access, suspend, block, remove, monitor, and/or terminate an Account for any reason in its sole discretion, but is not under any obligations to do so.
- Upon termination, all licenses and other rights granted to You in these Terms will immediately cease.
- All User Contents must comply with local, state, and federal privacy legislation and best practices.
- The Users are responsible for removing identifying information from User Content. Identifying information include, but is not limited to: geographic locations, biographical information, contact information, health and medical information, photographs that allow for identification, and any other identifying number, characteristic, or code.
- XPrep grants You a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the Services on a mobile electronic device or smartphone owned or controlled by You solely for Your own personal, non-commercial purposes, subject to Your compliance with these Terms.
- No licenses or rights are granted to You by implications or otherwise under any intellectual property rights owned or controlled by XPrep or its licensors, except for the licenses and rights expressly granted in these Terms.
- By making available any User Contents on or through the Services, You grant to XPrep a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, reproduce, view, communicate to the public by any means, print, copy, edit, translate, distribute, adapt, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit such User Contents through or by means of the Services or by sublicense to partner or affiliate publications.
ACCESS AND USAGE
- The Users are responsible for all data charges incurred through the use of the Services on a mobile electronic device or smartphone.
- The Services include communications from XPrep to the Users. Such communications include administrative announcements, updates, and Your feed. The Users may opt out of receiving communications from XPrep by contacting XPrep.
- XPrep may place advertisements and promotional materials related to XPrep, its affiliates, or third parties in the Services or in conjunction with User Contents. XPrep does not claim ownership of, and does not endorse any contents provided by its affiliates and third parties.
- XPrep reserves the right to charge and collect fees for providing the Services to the Users. The Users will be notified of any changes in fees or of any fees that are due, at which time the Users may or may not elect to continue to use the Services. If fees are not paid for the Services, XPrep may temporarily or permanently terminate the access or use of the Services.
- All User Contents are made public to other Users. Inappropriate content may be reported or flagged by other Users.
- XPrep does not claim ownership of any User Contents. You acknowledge and agree that You are solely responsible for all User Contents that You make available through the Services. Accordingly, You represent and warrant that: a) You either are the sole and exclusive owner of all User Contents that You make available through the Services or that You have all rights, licenses, consents, and releases that are necessary to grant to XPrep the rights in such User Contents, as contemplated under these Terms; b) You are not violating any applicable law; and c) You are not violating intellectual property rights or other rights of a third party.
- XPrep reserves the right to approve, edit, temporarily or permanently refuse access, block, remove, and/or monitor all User Contents for any reason in its sole discretion, but is not under any obligations to do so.
- XPrep reserves the right to temporarily or permanently terminate access or use of the Services at any time for any reason, and/or take other actions necessary in the interest of XPrep, ViralVet, and/or the Users.
RESTRICTIONS ON USE
- All Users must be 17 and older.
- Without limitation, You agree not to:
- unlawfully practice veterinary medicine by making diagnoses or treatment recommendations outside of a doctor-patient-client relationship;
- post, upload, publish, submit, transmit, or otherwise make available any images of Your pet and questions regarding the health of Your pet or personal pet care;
- post, upload, publish, submit, transmit, or otherwise make available any content that You are unauthorized to make available;
- post, upload, publish, submit, transmit, or otherwise make available any fraudulent or misleading information;
- violate intellectual property rights or other rights of XPrep, its affiliates, and others;
- violate any applicable law or regulation or promote illegal activities;
- engage in or promote any activities that damage or interfere with the operation of ViralVet;
- solicit, collect, or use the login credentials of other Users;
- assign or transfer these Terms without XPrep's prior written consent;
- copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, display, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms or expressly permitted by applicable copyright laws.
- All Users must comply with local, state, and federal laws, as well as ethical and licensure requirements and health regulatory college and licensing requirements to protect privacy and confidentiality of veterinary patient records.
- XPrep owns or has all intellectual property rights, including copyright and trademark rights, to ViralVet Contents, except as otherwise noted. All such intellectual property rights are reserved. Any unauthorized use of ViralVet Contents is prohibited without prior written consent.
- You agree to indemnify, defend and hold XPrep, its affiliates, licensors, advertisers and sponsors, and its directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, suits, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of: a) Your breach of these Terms; b) any allegation that any content You transmit to XPrep or ViralVet infringes upon or violates intellectual property rights or other rights of any third party; and/or c) Your activities, errors, or omissions in connection with ViralVet.
LIMITATION OF LIABILITY
- XPrep and its affiliates may not be held liable under any provision of these Terms for any consequential, special, exemplary, or indirect damages, or for any other damages other than direct damages, even if XPrep knows or should know that other damages are possible or that direct damages are not a satisfactory remedy.
- XPrep may not be held liable under any provision of these Terms for more than ten dollars ($10) or the minimum amount mandated by applicable law, whichever is less.
- ViralVet is controlled and operated by XPrep from the United States, and is not intended to subject XPrep or its affiliates to the laws or jurisdiction of any state, country, or territory other than that of the United States.
- ViralVet is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject XPrep to any registration requirement within such jurisdiction or country. XPrep reserves the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in its sole discretion.
- Software related to or made available by the Services may be subject to United States export controls.
JURISDICTION AND DISPUTE RESOLUTION
- Except where mandatory law supersedes this choice of law clause, these Terms are governed by the laws of the state of California.
- For any action at law or in equity arising out of these Terms shall be resolved by binding arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes.
- This provision is governed by the Federal Arbitration Act.
- In the event that the American Arbitration Association is unwilling or unable to set a hearing date within six (6) months of filing the case, then either XPrep or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.
- Judgment on the award rendered by the arbitrator may be entered in any court in the jurisdiction of the state of California.
- For dispute that cannot be resolved by arbitration or where the enforcement of an arbitral award requires it, You hereby accept and irrevocably submit to the jurisdiction of the courts of California.
- Any action at law or in equity arising out of these Terms must be filed within one (1) year after such claim arose; otherwise, such claim is permanently barred.
- You may bring claims only on Your own behalf. Neither You nor XPrep will participate in a class action, class-wide arbitration, or any claims involving another user's Account covered by these Terms.
- If any provision of these Terms is held to be unlawful or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- XPrep's failure to enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
- This provision survives the termination of any or all of Users' transactions with XPrep.
- You may contact XPrep at 249 South Highway 101, #459, Solana Beach, California, 92075 with any questions, comments, or claims regarding ViralVet.