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Terms of Use

Terms
of Use

Last Updated: April 2021

These Terms of Use apply to your access to and use of the website ("Website") and other online products, services, data, information and content available via the Website (collectively, the "Services") provided by VetSuccess Inc., a corporation incorporated under the laws of the Province of Ontario, Canada ("VetSuccess," "we" or "us").

 

ELIGIBILITY. The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the age requirements, and if you do not, you must not access or use the Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms of Use will include that person or entity, (b) you represent that you are authorized to accept these Terms of Use on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms of Use, the person or entity agrees to be responsible to us.

PRIVACY. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

CHANGES TO THE TERMS OF USE. We may revise and update these Terms of Use from time to time in our sole discretion. Unless we say otherwise in a notice, all changes to the amended Terms of Use are effective immediately when we post them, and apply to all access to and use of the Services and your continued use of the Services following the posting of revised Terms of will confirm your acceptance of the changes. If you do not agree to the amended Terms of Use, you must stop using our Services.

USER ACCOUNTS. You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us at support@vetsuccess.com if you discover or suspect that someone has accessed your account without your permission.  If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. All account information  is governed by our Privacy Notice [https://veterinaryanalytics.com.com/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

SERVICES. Subject to your continuing compliance with the Terms of Use and timely payment of Fees (as applicable), (a) you may, on a non-exclusive basis, access and use the Services for your internal business purposes and (b) create and download reports ("Reports") from the Services for your internal business purposes. Notwithstanding the Restrictions below, you may: (i) access and use Reports in hard copy, electronic data storage or other electronic form and regardless of the means of access or delivery; (ii) download, print and/or store copies of the Report; (iii) use Reports and any extracts  in presentations, speeches or marketing material or other documentation; and (iv) distribute Reports to your employees, agents, officers, and business partners; provided, that in each case, VetSuccess's and its licensors' copyright notice, trade name(s), trademarks and other intellectual property rights are displayed prominently in all Reports and any extracts thereof.

INTELLECTUAL PROPERTY RIGHTS.  The Services, including the Reports, and the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) of the Services (excluding User Contributions), are owned by VetSuccess, 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. Except as explicitly stated in these Terms of Use, all rights in and to the Services and Reports are reserved by us or our licensors. Any use of the Services or Reports other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

RESTRICTIONS. These Terms of Use permit you to use the Services for your internal business use only, including to generate and download Reports, subject to the terms of this document.

You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material from the Services, except as follows:

  • As permitted in the Services portion of these Terms of Use.
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user
  • When we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services, including the Reports.

TRADEMARKS. The VetSuccess name, VetSuccess logo, and all related names, logos, product and service names, designs, and slogans are trademarks of VetSuccess or its affiliates or licensors. You must not use such marks without the prior written permission of VetSuccess. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • 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 US 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 send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate VetSuccess, a VetSuccess employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm VetSuccess or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • 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 the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

FEES. Portions of the Services are available only for a fee. You will pay the fees applicable for the Services ("Fees") as quoted to you on the Website when you purchase the Services. VetSuccess may calculate and collect taxes payable by you based on the billing information you provide at the time of purchase. You are responsible for, and will pay, all charges, related to using the purchased Services (e.g., data charges and currency exchange settlements). You will pay the Fees in U.S. Dollars. The subscription period for the Services will be as quoted to you on the Website when you purchase the Services.  Monthly subscriptions will automatically renew unless you cancel the subscription prior to the renewal date.  VetSuccess may change its prices at any time; however, the Fee will remain in force for the duration of that subscription period for which you have paid.  After that period ends, your use of the Services will be charged at the then-current price.  If you don't agree to these price changes, you must stop using the Services and cancel your subscription by sending an email to support@vetsuccess.com. If you cancel, your access and use of the paid-portion of the Services ends at the end of your current subscription period, and no refunds for previously-paid Services will be issued. Notwithstanding, you may have access to certain portions of the Services until the last day of your billing period. If you do not cancel in accordance with these Terms of Use, your subscription for the Services will automatically renew at the then-current price and for the same subscription period, and VetSuccess (or its payment processor) will charge your on-file payment card or method on the first day of the renewal of the subscription period.

If Fees are due, you will provide VetSuccess with current, complete, accurate and authorized payment method information. You authorize VetSuccess to charge your provided payment method for the Services you have selected and for any other paid features that you select.  VetSuccess may bill your payment card: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis.  To the extent VetSuccess has not received your payment, in order to bring your account up to date, VetSuccess may bill you simultaneously for both past due and current Fees.  If you do not cancel your subscription, we may automatically renew your subscription to the Services and charge you for any renewal term.  You understand that failure to pay any applicable charges or fees may result in the suspension or cancellation of your access and use of the Services.

CANCELLATION. You may stop using the Services at any time and in your sole discretion, with no need for justification and with no additional charge. Contact us at support@vetsuccess.com and request to delete your account and/or disable your subscription. In the event of cancellation, you agree that the you are responsible for all amounts due and payable before the date of cancellation or to the greatest extent permitted by law. Note that the termination or cancellation of an account or a subscription does not delete User Contributions (defined below). If your account is terminated, your rights to use the portions of the Services requiring an account will cease immediately.

USER CONTRIBUTIONS. The Services may contain message boards, personal web pages or profiles, other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you Post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contributions for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use, including the Content Standards.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not VetSuccess, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted by you or any other user of the Services.

MONITORING AND ENFORCEMENT; TERMINATION. We have the right to:

  • Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for VetSuccess.
  • 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 of the Services.
  • Terminate or suspend your access to all or part of the Services for 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 User Contributions on or through the Services. YOU WAIVE AND HOLD HARMLESS VetSuccess AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 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 VetSuccess OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review User Contributions before it is Posted on the Services, and cannot ensure prompt removal of objectionable User Contributions after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions or any other 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.

CONTENT STANDARDS. These standards (collectively, "Content Standards") apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [https://veterinaryanalytics.com/privacy-policy/].
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. In accordance with the Digital Millennium Copyright Act (DMCA), VetSuccess has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.

Mail may be sent to:

VetSuccess Inc., 2 Bloor St. W, Suite 700, Toronto, Ontario M4W 3E2

Your notice must be in writing and include all the following:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VetSuccess to locate the material.
  • Information reasonably sufficient to permit VetSuccess to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

RELIANCE ON INFORMATION POSTED. The information presented on or through the Services 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 on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. 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 VetSuccess, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of VetSuccess. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

MODIFYING OR TERMINATING THE SERVICES. We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. If we discontinue providing all or portions of the Services, we will refund any pre-paid subscription price, pro-rated to the amount of time remaining on your subscription (as applicable) and, where reasonably possible, give you advance notice.

ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions may also apply to specific portions, services or features of the Services, including where applicable, the VetSuccess End User License Agreement ("Additional Terms"). All such Additional Terms are hereby incorporated by this reference into these Terms of Use. In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms control to the extent of the conflict.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES. You may link to our homepage of the Website, 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. The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party 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 the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You will 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 the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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 the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER OF WARRANTIES. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 site 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 SERVICES, REPORTS OR ANY OTHER ITEMS OBTAINED THROUGH THE SERVICES, OR TO YOUR DOWNLOADING OF ANY REPORTS OR  OTHER MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THE SERVICES.

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

VETSUCCESS 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VETSUCCESS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ("VETSUCCESS PARTIES"), WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY -WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE- FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF VETSUCCESS OR THE OTHER VETSUCCESS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

THE TOTAL AGGREGATE LIABILITY OF VETSUCCESS AND THE OTHER VETSUCCESS PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES, REPORTS AND ANY CONTENT , DATA, INFORMATION OR OTHER ITEMS OBTAINED THROUGH THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES (AND ANY CONTENT OR SERVICES OR ITEMS OBTAINED THROUGH SUCH LIKED WEBSITES), REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF US$10.00 OR THE AMOUNT PAID BY YOU TO US TO USE THE SERVICES IN THE 12 MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OF VETSUCCESS OR THE OTHER VETSUCCESS PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless VetSuccess, 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: (a) your violation of these Terms of Use; (b) your User Contributions; or (c)  your use of the Services, including, but not limited to, your User Contributions, any use of the Reports, content, data, information or other items obtained through the Services other than as expressly authorized in these Terms of Use.

GOVERNING LAW AND JURISDICTION. All matters relating to the Services and these Terms of Use and any dispute or claim arising from or related to the Services (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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Delaware or, if appropriate, the United States District Court for the District of Delaware for the resolution of all disputes arising out of or relating to the use of this Application and the associated services. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY. No waiver of or by VetSuccess 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 VetSuccess 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. These Terms of Use and any applicable Additional Terms constitute the sole and entire agreement between you and VetSuccess with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

OTHER. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  Use of the word "including" will be interpreted to mean "including without limitation." These Terms of Use are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

YOUR COMMENTS AND CONCERNS. All feedback, comments, requests for technical support and other communications, including ideas, original or creative materials or other information, about VetSuccess or our Services (collectively, "Feedback") is voluntary and should be directed to: support@vetsuccess.com. You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in VetSuccess's sole discretion. You understand that VetSuccess may treat Feedback as nonconfidential.