Terms of Use

Effective: June 1, 2022

The use of the PP-TX LLC d/b/a VitalRads (“VitalRads”) website with a home page at vitalrads.com and affiliated sites such as VitalPacs.com (the “Website“) is subject to the terms and conditions stated herein (“Terms of Use”). By your use of the Website, you agree to the Terms of Use. Your breach of these Terms of Use may jeopardize your continued use of the Website.

INTENDED AUDIENCE

VitalRads does not provide telemedicine and/or teleradiology services directly to pet owners. This Website is only intended for use by licensed veterinarians in connection with seeking telemedicine and/or teleradiology services for a pet patient. Pet owners should consult their veterinarian or other qualified health provider for any medical or health related advice concerning the care and treatment of your pet, including questions about a pet’s medical condition or medical records.

MEDICAL EMERGENCY

THE WEBSITE SHOULD NOT BE USED IN ANY URGENT OR EMERGENCY SITUATIONS. IF YOU THINK YOUR CUSTOMER’S PET MAY HAVE A MEDICAL EMERGENCY OR MAY NEED URGENT MEDICAL ATTENTION, CALL AN EMERGENCY VETERINARY PROVIDER IMMEDIATELY.

YOUR PRIVACY

To understand how we collect, use and safeguard the information you may provide to us via the Website, including personal information, please review VitalRads’ Privacy Policy.

ACCOUNT CREATION AND SECURITY

In order to access certain content, products or services available through the Website, you may be required to register for, or be an authorized user of, a registered user account (“Account”). You agree to provide us with accurate, complete, and updated Account information. Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your Account.

You agree to keep your Account password confidential and use only your Account login and password when logging in. You are fully responsible for all activities that occur under your Account (including but not limited to any purchases, posting reviews or other use of the Website), and even if such activities or uses were not committed by you. VitalRads will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with the requirements of this Section.

LICENSE AND RESTRICTIONS

You are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Website and view the content, information, data, products, and materials contained, described, referenced, or available on the Website (collectively, “Materials”) for your personal and non-commercial purposes. In connection with this license, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein. Neither title nor intellectual property rights are transferred to you, but remain with VitalRads, who, along with its licensors, is the exclusive owner of all rights, title, and interest therein. Except as otherwise expressly provided, all rights are reserved to VitalRads.

You will not copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Website or any software or Materials obtained from or through the Website. You may not rent, lease, lend, redistribute, sublicense or transfer the Website. You acknowledge and agree that the terms contained in this Terms of Use are reasonable and necessary, and that your actual or threatened breach of this Terms of Use would give rise to irreparable harm to VitalRads for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle VitalRads to immediate injunctive and other equitable relief without any requirement to post bond.

You will not use the Website for any unlawful or abusive purposes, including but not limited to the violation of any VitalRads or third-party intellectual property rights and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Website or any other software or hardware.

You may include a link to the Website on one or more other websites operated by you; provided such websites link to the home page (vitalrads.com) only. Linking to other content within the Website is prohibited without VitalRads’ prior express written consent. This limited license expressly prohibits the framing of VitalRads content in any way or any other activity that may confuse, misdirect, or misrepresent users with respect to sponsorship or affiliation.

You certify that you are 18 years old or older and are able and competent to give VitalRads rights as detailed in these Terms of Use, and to comply with these Terms of Use. The Website are not intended for individuals under the age of 18, and individuals under the age of 18 are not permitted to use the Website.

VitalRads reserves the right to refuse service and/or prohibit or terminate access to the Website, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you.

Any medical recommendations contained in the Materials are intended to provide general guidance only. As with any diagnosis or treatment, you should use clinical discretion with each pet patient based on a complete evaluation of the pet patient, including physical presentation and complete laboratory data.

PET PATIENT HEALTH RECORDS

You may be able to access your patient’s pet health records or other information via the Website. The information contained on the Website have been collected and/or prepared by VitalRads as a service to its visitors and/or registered users. VitalRads has used reasonable efforts to verify that the information available on the Website are useful and accurate. However, VitalRads does not warrant or guaranty the accuracy or timeliness of such information. Any questions about a patient’s pet health as indicated in the records should be directed to the hospital team.

PAYMENTS

You are able to pay invoices for services rendered via your Account (“Payment”). To do so, you may be asked to supply certain information relevant to your payment including, without limitation, your credit/debit card number, the expiration date of your credit/debit card, your billing address, or other payment related information. You represent and warrant that: (i) you have the legal right to use any credit/debit card(s) or other payment method(s) in connection with any Payment; and that (ii) the information you supply is true, correct, and complete. You authorize VitalRads to charge your payment method in accordance with the Payment. All payments are subject to tax unless specifically exempt by law and you are responsible for all taxes associated with a Purchase.

By providing a payment method (e.g. a debit or credit card), you are expressly agreeing that VitalRads is authorized to keep such payment method on file and charge you the fees, charges, or other amounts associated with a Purchase. If you want to use a different payment method than the one you signed up to use during registration or your Purchase, or if there is a change in your credit card validity or expiration date, you may edit your payment method information by logging in to your Account and viewing your account details. If your payment method expires and you do not edit your payment method information or cancel your account, you understand that you will not be able to make Payments on the Website.

REMOTE CONFIGURATION

In some instances, VitalRads may need to connect remotely to your electronic device to establish a joint meeting between a referring hospital and the VitalRads support team. The VitalRads support team will never connect to your device without the expressed consent of an authorized personnel from your hospital. Security and backup of your data is your sole responsibility.

By allowing VitalRads Support Team to connect to your device, you confirm your acceptance of the liability disclaimers and/or limitations in these Terms of Use and consent to allow a VitalRads support team member control of your device. Please note that this service is only available during our business hours and subject to prior arrangement by telephone with our support staff.

No third-party programs other than VitalRads software solutions or VitalRads partner software will be installed on your computer without prior discussion and your express permission.

Data will not be removed from your computer without your authorization.

PROPRIETARY MATERIALS

The Materials have been compiled by VitalRads from internal and external sources for the purpose of providing information about VitalRads, its partners, and its and their products and services to end users and other permitted users. VitalRads reserves the right to make changes to the information, data, and Materials provided on the Website at any time without notice.

VitalRads®, the VitalRads logo, VitalPacs®, and other trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Website are the proprietary service marks or trademarks of VitalRads, its partners, or third parties, and are protected in the United States and internationally. No use of any of these marks or identifiers may be made without the prior, written authorization of VitalRads. All other trademarks and service marks not owned by VitalRads that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VitalRads.

All Materials, including but not limited to all works of authorship, design, text, images and data compilations; any improvements or modifications to such Materials; any derivative works based thereon; and the collection, arrangement and assembly of all such Materials, are owned, except as otherwise expressly stated herein, by VitalRads or its licensors. The entire contents of the Website are protected by United States and worldwide copyright and intellectual property laws and treaty provisions.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of VitalRads, its partners, or any other person. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Website in any way without the prior express written permission of VitalRads or the respective owner thereof.

DISCLAIMERS

THE WEBSITE, THE SOFTWARE CONTAINED THEREIN, AND ALL MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (2) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION, VITALRADS CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE WEBSITE ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT (including but not limited to the reliability of any advice, statement or other information displayed or distributed in the Materials or on this Website), AND VITALRADS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. Your use of the Website and any reliance on any Materials, advice, STATEMENT, or information shall be at your sole risk.

VITALRADS WILL USE REASONABLE COMMERCIAL EFFORTS TO KEEP THE WEBSITE AVAILABLE FOR ACCESS, SUBJECT TO SCHEDULED DOWNTIME FOR MAINTENANCE PURPOSES, UNSCHEDULED MAINTENANCE AND SYSTEMS OUTAGES. THERE ARE NO ASSURANCES THAT THE WEBSITE WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR AT ANY PARTICULAR TIME, OR THAT ACCESS WILL BE UNINTERRUPTED.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VITALRADS, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF VITALRADS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE WEBSITE, nor will VitalRads, ITS PARTNERS, or any of ITS OR THEIR Third Party Providers OR LICENSORS be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond THEIR reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to our records, programs, or Website.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold VitalRads, its partners, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (i) your use of the Website, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Website; (ii) your violation of these Terms of Use; (iii) any Submission (as defined below) provided by you to VitalRads; or (iv) your violation of any rights of any third party.

THIRD PARTY LINKS AND PROGRAMS

The Website may provide links or references to third party websites, mobile applications, services, software, or materials which are not provided, related to, or maintained by VitalRads. VitalRads has no responsibility for the content therein, regardless of whether the link is provided by VitalRads or a third party and shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms of Use and Privacy Policies or Statements associated with such third-party websites, applications, services, software or materials before use.

The display of any link shall not and does not constitute or imply endorsement by VitalRads or its partners of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Website may link, including information on such other website regarding VitalRads or its partners.

SUBMISSIONS

While VitalRads appreciates your comments and is happy to answer your questions about our services and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and VitalRads.

Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Website, email, a “Contact Us” form, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Policy .

ENFORCEMENT OF TERMS OF USE

These Terms of Use are governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. VitalRads makes no representation that Materials provided through the Website are applicable or appropriate for use in all locations. If you use the Website from other locations, you are responsible for compliance with applicable local laws.

If you take legal action relating to these Terms of Use or your interactions with or relationship to VitalRads, you agree to file such action only in the state and federal courts located in Travis County, Texas. If any part of these Terms of Use is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of VitalRads to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and VitalRads with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and VitalRads with respect to such subject matter.

AMENDMENTS AND MODIFICATIONS

VitalRads reserves the right to modify or discontinue the some or all of the Website, or any Materials contained or accessible thereon, at any time without prior notice. VitalRads shall in no way be held liable for any consequence which results from VitalRads’ decision to modify or discontinue providing the Website or any content or functionality thereof.

In addition, VitalRads reserves the right, at any time and without notice, to add to, change, update, or modify these Terms of Use simply by posting such addition, change, update, or modification on the Website. Any such change, update, or modification will be effective immediately upon posting on the Website. We suggest that you check these Terms of Use periodically for changes.

BETA PRODUCTS

VitalRads may offer beta test products or features as part of the Website. These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. VitalRads may discontinue or cancel all or part of a beta product or feature at any time without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by VitalRads in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of VitalRads. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of VitalRads.

Image Archiving Disclaimer

Image archiving is your responsibility and VitalRads does not back up, store, or archive any images (ECG, X-Ray, Ultrasound, CT or MRI) or studies on your behalf unless and until you sign up for an archiving service and pay the applicable fees. Please contact info@vitalpacs.com for more information regarding archiving service.

Contact by Telephone and Text Message

You understand that by releasing your telephone number to VitalRads, you are providing VitalRads, and any VitalRads-affiliated entity or third-party covered under these Terms of Use, your consent to be contacted at the telephone number provided, using any technology, for any non-marketing purpose. For the avoidance of doubt, you understand and agree that the telephone equipment and technology utilized by us does not have the capacity to randomly or sequentially generate telephone numbers, or to send calls or text messages without human intervention, but you nevertheless agree to receive autodialed calls or text messages or prerecorded voice calls to any telephone number you provide to us at any time.

You further agree that if you wish to opt out of telephonic communications with VitalRads, you will first follow the opt-out instructions provided by VitalRads, if any, before attempting to opt out by other means. You further warrant and represent that you will not provide to VitalRads any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify VitalRads, including, when applicable, updating your VitalRads user account information.

MISCELLANEOUS

You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

VitalRads expressly reserves the right to monitor any and all use of the Website.

CONTACT INFORMATION

Questions regarding this Terms of Use should be directed to:

VitalRads
Attn: Terms of Use
PO Box 1595

Cypress, TX 77410

privacy@vitalrads.com