These Terms of Use (or "TOU") are an agreement between you and GoLexi, Inc., a Delaware corporation ("GoLexi"). These are rules you agree to follow when using our website [https://www.golexi.com] (the “Site”), including when you view, access or input Content (as such term is hereinafter defined) on or into this Site. Please also familiarize yourself with our Privacy Policy before using this Site. By accessing, browsing and/or using this Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, "Terms and Conditions"). If you do not agree to all of these Terms and Conditions, do not access or use this Site.
These Terms of Use may change. Because your use of GoLexi means that you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of GoLexi and this Site will mean that you accept those changes. You choose whether or not you use GoLexi. If you do not agree to all of these Terms of Use, please do not use GoLexi.
IF YOU BELIEVE YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, SEEK APPROPRIATE EMERGENCY VETERINARY CARE IMMEDIATELY. NEVER DISREGARD YOUR VETERINARY CARE PROFESSIONAL’S ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF ANYTHING IN THE CONTENT OR OTHERWISE RELATED TO OUR SITE.
GoLexi is a company that collects and provides information to Members (as such term is hereinafter defined) and offers to Members via audio, video, online chat and text messaging general health advice concerning their pets By accepting these TOU you acknowledge and agree that GoLexi may send you messages, texts and emails. You further agree that it is your sole responsibility to monitor and respond to these communications. GoLexi will not be responsible in any way, and you will not hold GoLexi liable, for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages.
The content of this Site (“Content”) is for general information purposes only. The Content should not be considered veterinary care advice and is not a substitute for professional veterinary care advice, diagnosis, or treatment. GoLexi does not represent or warrant that any veterinary health advice for your pets will be safe, appropriate, or effective for your pet. If you are a member of GoLexi entitling you to access to our licensed veterinarians for consultation services (“Member”), you may seek the advice of our licensed veterinarians (through e-mail, telephone calls, live-chat, mobile-based chat, or other means). Any advice provided by a GoLexi licensed veterinarian is for your decision support purposes only to assist you in making your veterinary medical care decision. Our veterinarians do not diagnose or treat any medical conditions.
ALL INFORMATION PROVIDED ON THIS SITE OR VIA GOLEXI OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY GOLEXI, IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY, AND IS NO WAY INTENDED TO CREATE A PROFESSIONAL RELATIONSHIP WITH A LICENSED VETERINARIAN AS DEFINED BY STATE AND FEDERAL LAW; GOLEXI IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT: ANY RELIANCE ON ANY INFORMATION PROVIDED BY GOLEXI IS SOLELY AT YOUR OWN RISK AND YOUR PET’S RISK.
GoLexi is designed to support the health decisions and choices you make concerning your pets. These decisions and choices are yours, and we believe that you are the best decision maker about the health of your pet and that these decisions should be made in connection with the advice you receive from a licensed veterinarian. Always use common sense when making health decisions. GoLexi cannot make decisions for you. GoLexi is not a place for treatment or diagnosis of your pet. Please use any information you find on the Site responsibly. GoLexi is NOT a replacement for regular in-office visits, vaccinations, and by law our telemedicine vet services cannot diagnose or prescribe medications for your pet. This is not insurance. GoLexi vets reserve the right to deny care for potential misuse of services. Go Lexi operates subject to state regulations.
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including Internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TOU, GoLexi grants you a limited non-transferable, revocable license to access and use the Site for your personal use. Unless otherwise specified by GoLexi in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by GoLexi. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.
GoLexi may provide links to third-party websites. GoLexi does not recommend and does not endorse the content on any third-party websites. GoLexi is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and is subject to the terms and conditions of use for such sites. GoLexi does not endorse any product, service, or treatment advertised on the Site.
Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. GoLexi reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, and without limitation, the suspension or termination of a user’s access and/or account. GoLexi further reserves the right to monitor general use of the Site at any time as it deems appropriate, and to remove any materials that may violate these TOU.
GoLexi may terminate your use of the Site or any of our features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to us, or any other information that we have that relates to you.
Site Intended for United States Audience
This Site is intended for residents of the United States only. Access to this Site or the Content may not be legal by certain persons or in certain countries. If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use or export any portion of the Content in violation of the United States export laws and regulations.
Our Privacy Notice
Please see our Privacy Policy for information regarding the collection and use of personal information from our Site. As stated in the Privacy Policy, we reserve the right to store information on your computer in the form of a “cookie” or similar file to enhance your experience and generate aggregate data and conduct statistical studies. To the extent there is any inconsistency between the Privacy Policy and these Terms, these Terms will govern.
Indemnity
You agree to defend, indemnify, and hold harmless GoLexi and its agents and business partners, and each of their respective officers, directors, and employees, from and against any and all claims, actions, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and other legal expenses) arising out of or relating to any alleged or actual breach of these Terms by you or your use or misuse of this Site.
Disclaimers
ANY ACCESS OR USE OF THE SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. GOLEXI DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. GOLEXI DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SITE. GOLEXI DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.
Limitation of Liability.
IN NO EVENT SHALL GOLEXI, IT'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTED VETRIANARIANS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS/INABILITY OF USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS SITE, ERRORS OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THIS SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST GOLEXI FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THIS SITE.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST GOLEXI ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Entire Agreement
These TOU and any other agreements GoLexi may post on the Site or that you and GoLexi may execute from time to time constitute the entire agreement between GoLexi and you in connection with your use of the Site and supersede any prior agreements between GoLexi and you regarding use of the Site, including prior versions of this TOU.
Waiver, Jurisdiction, and Governing Law
We operate this Site from our headquarters in McKinney, Texas, in the United States. Any claim related to this Site or your use of it is governed by the substantive laws of the State of Texas for contracts made and fully performed in Texas. You agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site or the Content shall be in the state or federal courts in Collin County, Texas. You waive any objection based on lack of personal jurisdiction or improper venue in any such action. You agree that any legal proceeding between us will be based solely on your individual claim and you will not consolidate your claim with the claim of any other party. Our failure to enforce any rights under these Terms will not constitute a waiver of such rights or provision. If any provision of these Terms is determined to be invalid by a court of competent jurisdiction, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions. Any claim or cause of action under these Terms must be brought within one (1) year after such claim or cause of action arose or be forever barred.
Changes to this Agreement:
When we make changes, we will revise the "last modified" date at the bottom of this document. We encourage you to review these Terms of Use periodically. Your continued use of GoLexi constitutes your agreement to the changed Terms of Use. Last modified: January 29, 2021