Esapet.com

TERMS AND CONDITIONS

ESApet.com connects licensed medical professionals with persons struggling with mental health issues to help ensure they have the legal documentation necessary to ensure their rights are respected and disabilities are acknowledged.

All content found and information presented on the Website, including: text, images, audio, or other formats were created for informational purposes only. ESAPet.com does not provide medical.Always seek the advice of your physician or other qualified health provider with any questions you may have. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.Similarly, we are not a law firm and nothing on this website constitutes legal advice. Users should contact their attorney to obtain advice with respect to any particular legal matter.

These Terms and Conditions (“Terms or Agreement”) governs your use of ESAPet.com’s services and our platforms, including ESAPet.com(“the Site”, “the Service”, “Services”, “Us”, “We,” "Our", "Company", "Website"). By accessing or using our Site or using our Services you signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms” or “Agreement"). By visiting our Site or signing up for any of our services, you engage in our Services (the “Service”, “Services”).These Terms and Conditions apply to all users of the Site, including browsers. You must be at least 13 years old or older to gain access to our website and its content. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This is a legal agreement between You and ESAPet.com. You should carefully read this agreement and the Company’s Privacy Policy, which is incorporated into and are part of this agreement. YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

These Terms and Conditions were last updated on August 22, 2022.

AB 468 DISCLAIMER – The legal documentation provided by our licensed medical professionals certifying that an animal qualifies as an emotional support animal does not entitle the emotional support animal to the rights and privileges accorded by law to a guide, signal or service dog. Knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the California Penal Code.

Section 1 – Eligibility.

Users must be at least 13 years of age and able to form legally binding contracts to access the Site and use the Services. If you are below this age of consent or otherwise unable to form legally binding contracts to use online services, you may not access the Site or use the Services. You agree that all information you upload to the Website will be accurate. Any misrepresentation, omission or otherwise inaccurate statement or information will cause You to be ineligible for our Services.

Section 2 - Access to the Service.

2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.

2.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.

Section 3 - Usage Rules.

As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law, including without limitation any applicable export laws; or (g) allow another person or entity to use your identity in order to access the Service.

You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter or delete unsolicited email, postings or messages.

When communicating directly with members of our team, you agree to be respectful and kind. If we feel that your behavior towards any of our team members is at any time threatening or offensive, we reserve the right to immediately terminate your access to our services.

You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney's fees) arising from or relating to your breach.

Section 4–Privacy and Protection of Personal Information.

ESAPet.com takes steps to ensure your personal and medical information is protected. Notwithstanding anything else to the contrary contained in this Agreement, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our services shall be governed by our Privacy Policy, which is incorporated into and part of this Agreement. For further information regarding the Company's protection of your personal information, please refer to our Privacy Policy.

Section 5 – Refund Policy.

In the event your assigned therapist is unable to provide a letter to you in their professional determination, you will be eligible for a refund.

Section 6 – Annual Subscription

If you opt for an annual subscription, you hereby acknowledge and agree that your subscription will be automatically renewed each year until you cancel it. By providing your payment information, you authorize us to automatically charge your payment method on file for the applicable subscription fee each year.

Your subscription will renew on the anniversary date of your initial subscription purchase. If the payment method on file is declined or has expired, we may, in our sole discretion, attempt to charge an alternative payment method on file or contact you for updated payment information.

You may cancel your automatic renewal subscription at any time by logging into your account and selecting the cancel subscription button on your dashboard or by contacting our customer support team. If you cancel your subscription before the end of the current subscription period, your subscription will not be automatically renewed for the following year.

We do not offer refunds for annual subscription fees once they have been charged, except as required by law. If you believe that you have been charged in error or have any other billing-related questions or concerns, please contact our customer support team immediately.

Section 7 – Intellectual Property.

The information available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purposewhatsoever without the prior written consent of the Company.All copyrights and other intellectual property rights in the Site, including without limitation all written and graphical content included in the Site, are owned by the Company.TheESAPet.comlogo, and any other marks used on the Site are trademarks of the Company. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.

Section 8 - Disclaimers; Limitations; Waivers of Liability.

8.1.ESApet.com connects licensed medical professionals with persons struggling with mental health issues to help ensure they have the legal documentation necessary to ensure their rights are respected and disabilities are acknowledged.

All content found and information presented on the Website, including: text, images, audio, or other formats were created for informational purposes only. ESAPet.com does not provide medical.Always seek the advice of your physician or other qualified health provider with any questions you may have. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Similarly, we are not a law firm and nothing on this website constitutes legal advice. Users should contact their attorney to obtain advice with respect to any particular legal matter.

8.2 We cannot guarantee that landlords, airlines, and others will understand and abide by the relevant statutes and regulations. Moreover, ESAPet.com does not endorse, certify or credential any therapist contracted with to provide the Services.

8.3YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “ESAPET.COM PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

8.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ESAPET.COMPARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE ESAPET.COM PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE ESAPET.COMPARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS.

8.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Section 9 - Release.

You forever release, discharge, and covenant not to sue the ESAPet.com Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the ESAPet.comParties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the ESAPet.comParties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

Section 10 - Indemnification.

You agree at all times to indemnify, defend and hold harmless the ESAPet.comParties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 11 - Governing Law and Dispute Resolution.

The laws applicable to the interpretation of this Agreement shall be the laws of Puerto Rico, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Juan, Puerto Rico. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in San Juan, Puerto Rico under the rules of the American Arbitration Association then in effect.

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

Section 12 – Severability.

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 13 – Miscellaneous.

(a)Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. (g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Section 14 - Statute of Limitations.

You and Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

Section 15 – Entire Agreement.

These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Section 16 – Contact Information.

Questions about the Terms and Conditions should be sent to us at hello@esapet.com.