Terms and Conditions
BLENDVET PROGRAMS TERMS OF USE AND LICENSE AGREEMENT
Last Updated: September 8, 2023
BY USING OR PURCHASING OUR PROGRAMS, YOU AGREE TO THIS AGREEMENT
INTRODUCTION
We are pleased that you have chosen to participate in, use or purchase a program offered by BlendVet,
including, but not limited to our digital or downloadable resources, on-demand modules, cohorts,
videos, workshops, templates, training, courses, webinars, continuing education programs, and live or
online events (collectively, the “Programs”). All Programs are the intellectual property of and are owned
by BlendVet.
Please read this BlendVet Programs Terms of Use and License Agreement (“Agreement”) carefully
before you purchase or use our Programs.
This Agreement explains how you may purchase the Programs and the rules you must follow to access
and use the Programs.
IMPORTANT - This Agreement contains disclaimers, an arbitration provision and limitations on
liability. Please read carefully.
1. THE PARTIES TO THESE TERMS
The parties referred to in this Agreement are as follows:
● “BlendVet” or “We”: BLEND Vet Med PLLC, a Texas professional limited liability company; and
● “You” or “Your”: the individual or entity purchasing, accessing and/or using the Programs.
BlendVet and you are sometimes referred to herein individually as a “Party” and collectively as the
“Parties.”
2. YOUR ACCEPTANCE OF THESE TERMS
BlendVet is willing to provide the Programs to you only on the condition that you first accept this
Agreement. By clicking the “I have read and agree to the terms and conditions of this page as follows ”
checkbox or similar method, purchasing, accessing, or using the Programs, you agree to be bound by
this Agreement.
If you do not agree with this Agreement, do not click the acceptance button, purchase, access or use
the Programs.
You understand that by using the Programs, you warrant that you are at least 18 years of age and are
otherwise legally able to enter into a valid contract. BlendVet hereby disclaims all liability for use by
individuals under the age of 18.
3. PURCHASE TERMS
3.1 ONLINE PURCHASE
The Programs may be purchased at www.blend.vet. Pricing, descriptions, availability and payment
methods for the Programs can also be found at www.blend.vet and are subject to change at any time.
3.2 PLACING AN ORDER AND THE ACCURACY OF PAYMENT INFORMATION PROVIDED
The presentation of the Programs on our website does not constitute a legally binding offer but instead
is an invitation to place an order. All orders are subject to acceptance by BlendVet. The total price of
your order, including any sales taxes, will be displayed prior to your purchase confirmation.
By placing an order, you represent and warrant that (1) all information you give is accurate and
complete and (2) you are authorized to make the purchase and to use the payment method and billing
information for the purchase.
3.3 DECLINED PAYMENTS
If any payment is insufficient or declined for any reason, we may revoke your access to the Programs
without refund, and BlendVet is not responsible for any additional fees you may be charged by your
financial institution.
3.4 CREDIT CARD AUTHORIZATION
If paying by credit or debit card, you authorize BlendVet to automatically charge the card on file for all
fees and charges due and payable to BlendVet without any additional authorization. You will receive an
electronic receipt of such payment.
You agree that BlendVet is authorized to share any payment information and instructions required to
complete the payment transactions with our third-party payment service providers. We do not store
your card information. The payment processor does share your name, address, and email with BlendVet.
3.5 NO REFUNDS
Your satisfaction with the Programs is important to us. However, because of the digital nature of the
Programs and the time, effort, and care that goes into creating the Programs, all sales are considered
final and nonrefundable once payment is made. If you feel the Programs are unsatisfactory, please
contact us at [email protected] and we will do our best to assist you.
3.5 CREDIT CARD CHARGEBACKS
Since BlendVet has a clear Refund Policy as provided in this Agreement, BlendVet does not tolerate or
accept any chargeback threat or actual chargeback from your credit card company or payment
processor. If a chargeback is placed on a purchase, or we receive a chargeback threat during or after
your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any
other entity for inclusion in any chargeback database or for listing as a delinquent account. The
information reported will include your name, email address, order date, order amount, and billing
address. Further, you are responsible for any fees associated with recouping payment on chargebacks
and any collection fees associated therewith.
4. PLATFORM ACCOUNT
4.1 CREATING AN ACCOUNT
We may offer the Programs on a website hosted by BlendVet such as www.blend.vet or a third-party
website such as as Kajabi or related sites as may be updated from time to time (“Platform”). To access
and use the Programs, you may be required to create a Platform account (which may include selecting a
username and password). You represent and warrant that any information you provide is accurate and
that you’ll update information should any changes occur.
4.2 PERSONAL USE ONLY; YOU ARE RESPONSIBLE
Your account is for your personal use only. You may not authorize others to use your account, and you
may not share your account. Please keep your password secure because you are responsible for any
activities associated with your account and may be held liable for any losses arising out of such a failure.
You agree to immediately notify BlendVet and the Platform provider of any unauthorized use of your
account of which you are aware.
4.3 MONITORING
You acknowledge and agree that BlendVet’s ability to monitor access to, usage of, and potential misuse
of the Programs is essential to BlendVet.
5. BLENDVET’S INTELLECTUAL PROPERTY RIGHTS
5.1 BLENDVET OWNS THE PROGRAMS AND CONTENT
The Programs consist of BlendVet’s proprietary materials, including but not limited to all text, designs,
images, graphics, videos, voice and sound recording, training materials, information, data, and all other
content, and the look and feel of all of the preceding (“Content”). The Programs and Content are
protected by this contract, as well as state, federal and international intellectual property rights,
including copyright and trademark laws. You acknowledge that all right, title, and interest in and to the
Programs and Content, and all copies and revisions thereof, are and remain the property of BlendVet or
our licensors.
5.2 YOUR PURCHASE OR USE DOES NOT GIVE YOU OWNERSHIP
You acknowledge that the Programs and Content are licensed, not sold. This Agreement and license do
not transfer to you any ownership of intellectual property rights in and to the Programs or Content. You
agree not to dispute, challenge, or assist any person or entity in disputing or challenging BlendVet’s
rights in and to the Programs or Content.
5.3 ASSIGNMENT
If you acquire any rights in the Programs or Content by operation of law or otherwise, you hereby
irrevocably assign such rights to BlendVet without further action by either.
5.4 PROTECTION
You agree not to engage or participate in any activity or course of action that could reasonably cause
confusion as to the ownership of the Programs or Content.
5.5 UPDATES
BlendVet reserves the right to update and revise the Programs at any time in its sole discretion. By using
the Programs, you agree to automatically receive updates. You acknowledge and agree that you are not
entitled to receive any updates except as otherwise provided in this Agreement.
6. WE GRANT YOU A LIMITED LICENSE TO USE THE PROGRAMS AND CONTENT
6.1 OUR LIMITED LICENSE TO YOU
Subject to the terms and conditions of this Agreement, BlendVet grants you a single, limited license to
access and use the Programs and Content solely for your personal, non-commercial, professional
development purposes as a member of the veterinary profession or partnering entity.
This license is:
● individual to you only (this single-user license to use the Programs and Content does not grant
your entire organization, a colleague, a friend, or any third-party, a license);
● non-transferable (you can’t transfer this license to someone else);
● non-sublicensable (you can’t re-license the Programs or Content);
● non-exclusive (we may grant this license to others);
● revocable (we can cancel this license at any time); and
● for non-commercial use (you can use it for your personal reference only – for illustration, you
cannot sell or teach the Programs or Content).
6.2 Reservation of Rights
All rights not expressly granted to you in this Agreement are reserved by BlendVet and its licensors.
7. HOW YOU MAY AND MAY NOT USE THE PROGRAMS AND CONTENT
7.1 PERMITTED USE GENERALLY
The license granted in Section 6 permits you to use the Programs and Content only in connection with
your professional development, continuing education and training purposes. For this sole purpose,
you agree to comply with the permitted uses and restrictions as detailed in this Section 7 and as
otherwise specified in this Agreement.
7.2 USE OF VIDEOS
A. Permitted Use
● View and Listen. You may view the video components and listen to the audio components,
which are stored and accessible via the Platform.
B. License Restrictions
● No Accessing Offline. You may only view or listen via the Platform.
● No Copying or Saving. No use of any means to record any of the Programs or Content that are in
audio or video format, including but not limited to copying, downloading, capturing audio or
video recording, screenshots, duplicating, digital copying, saving to a storage device, or
otherwise reproducing any portion of any of the Programs or Content that are in audio or video
format.
● No Access After Expiration Date (defined below) or any Renewal Expiration Date (defined
below).
7.3 USE OF DOCUMENTS AND OTHER WRITTEN MATERIALS
A. Permitted Use
● View, Download, Print, or Make A Copy. You may download, digitally save, or print one copy.
● Retain One Copy. You may keep only one digital or print copy for your personal reference.
● Make Edits Only to Documents Expressly Labeled as “Fillable” or “Editable.” You may make
edits and completions only necessary to prepare the documents for your use—no other
modifications as further detailed below.
B. License Restrictions
● The license restrictions are specified in Section 7.3 below.
7.3 OTHER LICENSE RESTRICTIONS THAT APPLY TO ALL PROGRAMS
Without limitation, you shall NOT do any of the following:
● You may not republish, reproduce, duplicate, publicly perform, or reverse engineer the
Programs or Content.
● No Copying. Except as expressly set forth in the Permitted Uses, no copying of the Programs or
Content.
● No Modifications. Except as expressly set forth in the Permitted Uses, no editing, altering,
modifying, translating, adapting, or creating derivative works of any portion of the Programs or
Content without the prior written permission of BlendVet, and then only on the condition that
any copyrights and other intellectual property rights acquired by you in said materials are
automatically assigned to BlendVet.
● No Sharing or Distribution. No sharing, disclosing or distributing any portion of the Programs or
Content.
● No Sharing Platform Account. No sharing or disclosing your login details for the Platform with
any other individual or entity. Password use is strictly limited to you.
● No Commercial Use. No direct or indirect selling, leasing, renting, distributing, licensing,
permitting timesharing, or any other arrangement for commercial purposes or in any way that
earns you or any third-party money for any portion of the Programs or Content.
● No Competitive Services or Products Using Our Content. No accessing or using the Programs or
Content to create, build, develop, market or license a similar or competitive product or service
product that uses the information gained through the Programs or Content.
● No Train-The-Trainer License. No teaching of any portion of the Programs or Content.
Completing the Programs does not provide a "train-the-trainer" type license. In other words,
using any of this information to train others on this topic violates this Agreement and copyright
terms.
● No Transfer of Rights - No assigning or transferring any rights granted under this Agreement to
any other individual or entity.
● No Removal or Modification of Copyright & Trademark Notices - No deleting or modifying
copyright, trademark, and other proprietary rights notices in the Programs or Content.
7.4 UNAUTHORIZED USE
Your use of any materials found in the Programs or Content other than that expressly authorized in this
Agreement or by a separate written assignment is not permitted (“Unauthorized Use”). You agree to
pay liquidated damages of five (5) times the total fees paid for the Programs each instance of
Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Programs, in addition to any
legal or equitable remedies BlendVet may be entitled to pursue. This is not a penalty but an agreed
liquidated damage charge for the Unauthorized Use.
7.5 INJUNCTIVE RELIEF
You agree that any violation or threatened violation of the intellectual property rights terms in this
Agreement would cause irreparable injury to us that may not be adequately compensated by damages,
entitling us to obtain injunctive relief, without bond, in addition to all legal remedies.
8. DELIVERY OF THE PROGRAMS; DURATION OF ACCESS AND USE
8.1 DELIVERY OF THE PROGRAMS
BlendVet will deliver the Programs to you digitally upon your acceptance of this Agreement and your
payment of fees. After your payment is received, the information to access the Programs will be sent to
your e-mail address stated at the time of purchase. You are responsible for notifying us if you do not
receive the link or email.
8.2 VIDEO ACCESS DURATION AND EXPIRATION DATE
A. 12-Month Access (or 24-months, where applicable); Expiration Date
For any of the Programs that are videos, you can access the videos for 12 months (or 24-months, where
applicable). The 12 months (or 24-months, where applicable) begin on the date of purchase and end 12
months (or 24-months, where applicable) from the date of purchase (“Expiration Date”).
B. You May Renew Access; Renewal Expiration Date
If you would like to continue to have access to the videos, you may renew this Agreement for another
12-month (or 24-months, where applicable) term by providing written notice of renewal to BlendVet. If
BlendVet accepts your offer for renewal, this Agreement will apply. The expiration date for any renewal
will be 12 months (or 24-months, where applicable) from the date of purchase of the renewal
(“Renewal Expiration Date”). The pricing for the videos may be increased at the time of your renewal.
C. No Access After Expiration Date Or Any Renewal Expiration Date
You have no rights to access the videos after the Expiration Date or any Renewal Expiration Date.
You are not entitled to any updates of the videos after the Expiration Date or any Renewal Expiration
Date.
8.3 DOCUMENTS AND OTHER WRITTEN MATERIALS
You may use the documents or other written materials in perpetuity. However, it is your responsibility
to download the documents from the Platform.
This Agreement remains in full force and effect so long as you use the documents or until such time as
BlendVet terminates this Agreement in accordance with Section 9 below.
You are not entitled to receive any updates to the documents.
9. TERM AND TERMINATION
This Agreement and the license granted hereunder will remain in effect for the time periods set forth in
Section 8 or until earlier terminated as set forth in this Agreement.
By accepting this Agreement, you authorize BlendVet to immediately suspend or terminate your access
to the Programs, in full or in part, without notice. In the event of termination, you are not entitled to any
refund.
When this Agreement expires or terminates for any reason, you are no longer authorized to access the
Programs.
Any rights or obligations of the Parties to this Agreement which, by their nature, should survive
termination of this Agreement will survive such termination. In particular, the license restrictions
imposed on you in this Agreement with respect to the Programs will apply now and in the future, even
after termination of use of the Programs by you or BlendVet.
10. CONTINUING EDUCATION PROGRAMS
Some Programs offered by BlendVet are certified by the Registry of Approved Continuing Education
(“RACE”). These are specified as “RACE Approved” and will list how many hours the RACE Approved
Program is approved for. BlendVet cannot guarantee that you will satisfactorily complete the RACE
Approved Programs for continuing education credit. It is your responsibility to verify and track the
continuing education completion status. In order to obtain continuing education credit, you may be
required to watch, listen, and engage with the RACE Approved Program, successfully complete an online
quiz, and certify that you are the person who actually took the quiz.
11. DISCLAIMERS
11.1 NO PROFESSIONAL ADVICE PROVIDED
The Programs and Content are provided for educational and informational use only. The Programs and
Content are not intended as a substitute for obtaining advice specific to your circumstances from a
qualified financial, legal, or medical professional. BlendVet disclaims any liability for your reliance on
any opinions or advice contained in the Programs or Content. You acknowledge and agree that access to
the Programs or Content is not a substitute for individualized, professional or practical training.
11.2 RESULTS DISCLAIMER
We stand by our work. Nevertheless, you agree and understand that individual outcomes will vary.
Application of the principles outlined in the Programs or Content may vary from person to person, and
you accept the risk that your results may be different. Therefore, we cannot and do not guarantee that
you will attain a particular result by using the Programs or Content. BlendVet cannot and does not
guarantee any particular financial or business outcomes or other particular results, and you understand
that results differ for each individual.
11.3 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
IMPORTANT NOTICE - REVIEW CAREFULLY: To the maximum extent permitted by law, BlendVet, its
affiliates, and its third-party content suppliers make no representations or warranties about the
suitability, completeness, timeliness, reliability, legality, or accuracy of the information, programs,
products, services, and materials associated with the Programs, Content, or Platform for any purpose.
The Programs, Content and Platform are provided “AS IS” without warranty of any kind, including,
without limitation, all implied warranties and conditions of merchantability, fitness for a particular
purpose, title, and non-infringement as well as any warranty related to the use, or the results of the use,
of the Programs, Content or Platform or any documentation associated therewith in terms of
correctness, accuracy, reliability, or otherwise. BlendVet does not warrant that your use of the
Programs, Content, or Platform will be error-free, virus-free or secure. The entire risk as to the quality of
and results from the use of the Programs, Content, or Platform is with you. The foregoing does not
affect any warranties which cannot be excluded or limited under applicable law.
12. LIMITATIONS OF LIABILITY AND INDEMNIFICATION
12.1 LIMITATIONS OF LIABILITY
IMPORTANT NOTICE - REVIEW CAREFULLY:
To the maximum extent permitted by law, in no event will BlendVet, its affiliates, and its third-party
content suppliers be liable under or in connection with this Agreement for indirect, incidental,
consequential, liquidated, special, or exemplary damages or penalties, including losses of business,
revenue, or anticipated profits, regardless of whether such damage was foreseeable and whether
BlendVet has been advised of the possibility of such damages. The preceding does not affect any
liabilities that cannot be excluded or limited under applicable jurisdictions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to the use of the Programs or Content must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
BlendVet’s total liability arising from this Agreement will not exceed the actual amount paid by you to
BlendVet under this Agreement.
12.2 INDEMNIFICATION
You agree to indemnify, defend, release, and hold harmless BlendVet and its officers, directors,
employees, agents, affiliates, successors, and assigns from and against any losses, damages, liabilities,
deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or
expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to
indemnification hereunder and the cost of pursuing any insurance providers, arising out of or in
connection with any third-party claim, suit, action, or proceeding relating to any actual or alleged breach
by you in connection with your use of the Programs or Content or any breach of this Agreement or any
representation or warranty made by you herein.
13. GOVERNING LAW AND RESOLVING DISPUTES
13.1 GOVERNING LAW
This Agreement and all matters arising out of or relating to this Agreement will be governed by and
interpreted, and enforced in accordance with the laws of the state of Texas without regard to the
conflicts of laws provision of any state or jurisdiction.
13.2 RESOLVING DISPUTES
A. Informal Resolution
The Parties will make a good-faith effort to negotiate any disputes arising out of the Agreement. If, after
30 days, an information resolution cannot be reached, the Parties shall then submit the dispute to
binding arbitration as set forth below.
B. Arbitration
The arbitration will be conducted in the following county: Harris County, Texas. The arbitration will be
conducted by a single arbitrator, and such arbitrator will have no authority to add parties, vary the
provisions of this Agreement, award punitive damages, or certify a class. The arbitrator will be bound by
applicable and governing Federal law as well as the law of the State of Texas. Claims necessitating
arbitration under this section include, but are not limited to, contract claims, tort claims, intellectual
property claims, claims based on Federal and state law, and claims based on local laws, ordinances,
statutes or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights
they may have to a jury trial in regard to arbitral claims. Notwithstanding the preceding, any action
seeking injunctive relief will be submitted to the courts and shall not be subject to this provision.
C. Recovery of Litigation Expenses
If any legal action, mediation, arbitration, or other proceeding is brought to enforce this Agreement, the
successful or prevailing party or parties will be entitled to recover reasonable attorneys’ fees and other
costs incurred in that action or proceeding, in addition to any other relief to which it or they may be
entitled.
14. GENERAL PROVISIONS
14.1 ENTIRE AGREEMENT
This Agreement and its attachments, schedules or exhibits constitute the entire agreement between the
Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous
agreements, representations, and understandings of the Parties.
14.2 RELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment, contractor, or agency relationship exists between you and
BlendVet by virtue of your use of the Programs.
14.3 FORCE MAJEURE: EVENTS OUTSIDE OF OUR CONTROL
BlendVet will be excused from performance under this Agreement to the extent we are prevented or
delayed from performing, in whole or in part, as a result of an event or series of events outside the
control of our control, such as an act of God, fires, explosions, earthquakes, hurricane, natural disasters,
flooding, storms, death, illness, incapacity, epidemic, pandemic, infestation, war, invasion, act of foreign
enemies, embargo, or other hostility (whether declared or not), or any other event outside BlendVet’s
control (collectively, “Force Majeure Event”). If there is a Force Majeure Event, BlendVet will provide
notice to you of its inability to perform or delay in performing. BlendVe will not issue a refund for a
Force Majeure Event.
14.4 SEVERABILITY; WAIVER
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect without
being impaired or invalidated in any way and shall be construed in accordance with the purposes and
tenor and effect of this Agreement. The waiver or failure of BlendVet to exercise in any respect any right
provided for herein will not be deemed a waiver of any further right hereunder.
14.5 ASSIGNMENT
You may not assign any of your rights or delegate any of your obligations under this Agreement without
the prior written consent of BlendVet. Any purported assignment or delegation in violation of this
Section is null and void. BlendVet may freely assign or otherwise transfer any of its rights or delegate
any of its obligations under this Agreement.
14.6 MODIFICATIONS
We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement.
The most current version of this Agreement will be posted on BlendVet’s website, and it is your
responsibility to check our website periodically for changes.
If the changes include material changes that affect your rights or obligations, we will notify you of the
changes by reasonable means, which could include notification through the Programs or via email. Your
continued use of the Programs or Content following the effective date of any changes to this Agreement
constitutes acceptance of those changes. If you do not agree to the new Agreement, you may not use
the Programs or Content.
14.7 EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for
convenience only and will not affect the construction or interpretation of any of its provisions.
14.8 NOTICES
All notices, demands, or other communications under this Agreement will be in writing by (1) personal
delivery, (2) overnight delivery via nationally recognized service, or (3) e-mail sent to the Party’s email
address. Notice will be effective (1) if sent by personal delivery, on the other Party's receipt of it (2) if
sent by overnight delivery, on the earlier of the other Party's receipt of it and the fifth business day after
mailing it, or (3) if by electronic mail, on the date such notice is delivered with the return of a valid
delivery receipt or acknowledgment confirming that such notice was delivered to the recipient’s
electronic mail server.
14.9 PRIVACY
You authorize the transmission of your personal information to BlendVet in the United States. Please
read our privacy policy at www.blend.vet/terms for information relating to our collection, use, storage,
and disclosure of your personal information.
14.10 AGREEMENT EXECUTED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which will be deemed an
original, and all of which, taken together, will be deemed to be one and the same instrument. An
electronic signature will be deemed an original and valid signature.
SIGNATURE
By clicking on the “I Agree” checkbox or similar method, you agree that they have read and understood
this Agreement and agree to be bound by its terms. If you do not agree with this Agreement, do not
purchase (if applicable) or use the Programs.
You acknowledge that you are electronically agreeing to this Agreement, and such electronic signature
has the same legal force and effect as a handwritten signature.