Terms of Service & Policies
SECTION 1 – OVERVIEW AND ACCEPTANCE OF TERMS AND CONDITIONS
This website, located at esacertificate.org (collectively with any mobile application or platform connected or associated with this website, and any information stored herein and therein, as well as any products and services offered through any of the foregoing, the “Website”), is operated by ESA Certificate (“we”, “us” and “our”).
ESA Certificate is not a medical clinic or healthcare provider and is not engaged in the practice of medicine or any health care profession. ESA Certificate is a company that utilizes technology to help connect clients with licensed mental health professionals (“LMHPs”) who, when they deem it to be appropriate and necessary for the client in their independent judgement, can write a recommendation letter for an emotional support animal. Each client is evaluated on an individual basis by the mental health professional and ESA Certificate does not guarantee that an emotional support animal letter will be issued to the client in each case. Any and all content stated or posted on the Website or available through any service or product offered by ESA Certificate is not intended to be, and must not be taken to be, the practice of medicine or psychology or the provision of medical or psychological care or any other professional healthcare. The information provided on the Website is not a substitute for professional medical, psychological or psychiatric diagnosis, advice or treatment, or other professional healthcare.
If you are in crisis, reach out to a crisis help line. You can reach the National Suicide Hotline at 800-273-TALK (800-273-8255). While we provide online services, we do not have a 24-hour hotline for medical emergencies; nor do we handle requests in crisis situations.
If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor, therapist or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website or because of the issuance to you of an emotional support animal letter. Always consult your physician, therapist or other licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication, supplements, routine or procedure. Nothing mentioned on the Website is intended as a recommendation or endorsement of any specific tests, products, services, procedures, healthcare provider or opinion. We are not liable for any losses or damages caused by your reliance on anything set forth on the Website or by your usage of any products or services offered through the Website.
ESA Certificate makes no claims, guarantees, or warranties with respect to rights or obligations any individual may have with respect to federal or state disability or other laws. We do not provide any representation or certification that any given individual has a disability or is entitled to accommodation under relevant laws. We cannot guarantee that individuals, companies or governmental entities will agree with any position that any user of this Website may take. Nor can we guarantee that if you purchase one of our products or services, you will necessarily be diagnosed with a disability or receive an ESA letter from any given healthcare provider or receive accommodation generally afforded the legally disabled. If you are not legally disabled, then you may not be entitled to accommodation rights under relevant laws, and any information, services or products received via this Website may confer no benefit upon you. There is no guarantee that any third party will accord you any right or courtesy based on use of any of our products or services. Even though a person may have an emotional support animal letter from an LMHP, this in no way guarantees that the person will qualify as “disabled” under federal or state law, or will receive any particular accommodation from any airline, housing provider, hotel, restaurant, or any other entity or individual. For example, ESAs have certain rights for housing and air travel under federal law, but may not receive accommodation in restaurants or other public or private establishments. An ESA is not a “service animal” as defined by law and may not necessarily be accorded the same level of accommodation. You understand that it can be a crime to falsely represent a pet as an assistance animal. Please read the section under “Disclaimers” for additional important details.
ESA Certificate offers the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting the Website and/or purchasing products and/or services from us, you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into agreements including these Terms of Service. ESA Certificate may, in its sole discretion, refuse to provide any products or services to you due to noncompliance with any eligibility requirement or for any other reason.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website or any of our products or services, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of these Terms of Service, then you may not access the Website or use any products or services offered through the Website.
SECTION 2 – REFUND AND CANCELLATION POLICY
We have a strict refund and cancellation policy to ensure the licensed mental health professionals we work with are effectively allocating their support to those who need their help. Once your order is placed, there is a $39 cancellation fee if a refund is requested within 24 hours. After 24 hours, or once you have signed the LMHP’s consent form, even if you are within the 24-hour window, your order is non-refundable and final. If an exception is made at our sole discretion outside this window for extenuating circumstances, a $55 cancellation fee will apply. For subscription renewal clients, once you submit your renewal questionnaire your renewal is non-refundable. Before you submit your renewal questionnaire, your subscription renewal is refundable. All PRIORITY Rush Digital Delivery orders are non-refundable, as these orders are processed immediately and given priority attention by your LMHP. Once your order is placed, an LMHP will reach out to you with a consent form. If you opted for PRIORITY Rush Digital Delivery service, it is your responsibility to reply to your LMHP with your consent within 24 hours. Once your LMHP has received your consent form and if they recommend an ESA, you will receive a digital copy of your letter shortly thereafter and typically within 1-2 business days. If an exception is made at our sole discretion for extenuating circumstances and your priority order is cancelled, the rush delivery fee will be forfeited and a $39 cancellation fee will be applied. If you do not provide your LMHP with your consent forms within 24 hours, you will not be issued a refund for the expedited delivery fee under any circumstance. We do not give refunds for extra document service orders or ESA letter amendments.
You understand that it is ultimately up to the landlord or airline to accommodate your ESA request. Some landlords and airline agents may be averse to ESAs or unaware of ESA rules and may deny your federally protected right to be accompanied by an ESA. We will provide support to help you navigate any issues that may arise, but we cannot offer refunds for events outside of our control, i.e. if your landlord or airline rejects your ESA request in violation of your rights. We also cannot offer refunds if your landlord or airline denies your ESA pursuant to a valid reason under the Fair Housing Act or Air Carrier Access Act – for example, if your ESA poses a threat to the health and safety of others or has damaged property. Our 100% money-back guarantee applies if your licensed mental health professional determines after an assessment that you do not qualify for an ESA letter. We are proud to work with LMHPs with integrity and not all clients will qualify for an ESA letter. To avoid conflicts of interest, your LMHP’s compensation is not based on whether or not you qualify for an ESA Letter. We understand that seeking the help of a mental health professional can be difficult, both personally and financially. We want to ensure that everyone that reaches out to one of the LMHPs we work with gets the help they need, and if your LMHP is unable to recommend an ESA, we will return your money at our expense so you can seek help in other ways. If you are unsure about your order please reach out to us first with any questions before placing an order, as we have limited resources available to support clients who really need our help.
Finally, please note that ESAs are governed by various laws and regulations and neither we nor your LMHP can predict how these rules will evolve. You agree that no refunds will be issued if there is a change in any of these rules that prevents or restricts your ESA from being accommodated in any circumstance, including for housing and air travel, or otherwise affects your rights as an ESA owner.
SECTION 3 – DISCLAIMERS
The Website is educational and informational in nature and is provided only as general information and is not medical or psychological advice, opinion, diagnosis or treatment. The “Website” includes information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website. We are not responsible if information made available on the Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Website and product or services from this Website is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to our site.
The Website is not intended to create and does not constitute any professional relationship (including any doctor-patient relationship) between ESA Certificate or any of its officers, directors, trustees, employees, consultants, contractors, advisors, volunteers, affiliates or agents and you. Communications on or through the Website do not create any client-professional relationships and are not the subject of any associated privileges or confidentiality protections. The Website is not intended to solicit clients or patients, and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. Even if those providing information via the Website cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service through the Website. The information provided through the Website should not be used for diagnosing or treating a health problem or disease. The Website Content is not comprehensive and does not include all the potential information regarding the relevant subject matter, but is merely intended to serve as one resource for educational purposes.
We do not certify or credential any licensed mental health professional we work with and shall not be liable for certifying or credentialing LMHPs. We make no representations or warranties about any LMHP, nor do we have any responsibility over, or supervise, any LMHP or any clinical practice such LMHP may operate. The assignment of a particular LMHP to you does not imply recommendation, referral or endorsement of such LMHP nor do we offer any guarantee, testimonial, endorsement or validation of credentials of or services provided by the same. We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any LMHP. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any LMHP that may be mentioned on the Website. We do not make any treatment decisions.
You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. Your LMHP will provide their license information which you can independently verify using your State’s license verification webpage. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that LMHPs have the background they claim they have, we cannot warrant or guarantee their accuracy. We do not continuously screen, perform background checks on, confirm the qualifications or evaluate any LMHP. Your relationship with the LMHP assigned to you is strictly with that LMHP. We are not involved in any way with the substance of the relationship, and we do not validate any of the LMHP’s services. We do not interfere with the work of the LMHPs you may be assigned to, who work independently and exercise their own professional judgment.
Clients generally may not be expected to achieve the same or similar results as others who have used our products and services and who have subsequently written or recorded testimonials and endorsements. We post testimonials for informational purposes only, we do not claim that anyone will experience the same or similar results as mentioned in these testimonials. All cases are unique and results experienced by any one individual who has written a testimonial or endorsement is not necessarily what any given client should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.
We are not lawyers or a law firm and do not provide any legal advice. The Website neither offers nor constitutes legal advice or counsel.
SECTION 4 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to use the Website or any product or service ESA Certificate provides in an unlawful or illegitimate way or in any manner that contravenes our policies, guidelines, rules or these Terms of Service. This includes but is not limited to the following: You will not engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable or impair our services or networks; attempt to gain unauthorized access to any user or customer accounts, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of our Website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so. ESA Certificate reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Service, including, without limitation, the suspension or termination of your access to products or services. ESA Certificate will not have any liability whatsoever to you for any termination of your rights under these Terms of Service, including for termination of any products or services provided to you or deletion of any content you submitted to the Website.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without express written permission by us.
SECTION 5 – MODIFICATIONS TO SERVICES AND PRICES
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue any products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change suspension or discontinuance of any products or services. All descriptions of products or services are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on the Website is void where prohibited.
We reserve the right to limit the offering of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors or defects in any product or service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed. We will not be responsible for any emails, documents or packages sent to the wrong delivery address. If any deliveries are returned to us for any reason, it is your responsibility to follow up with us regarding reshipment. We may destroy any shipments that are returned to us because of a failed delivery, and you will be responsible for the additional cost of any reshipment.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new products, services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available on the Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send ideas, comments, questions, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. If you provide any information by or through the Website that information must be truthful, accurate and not violate the rights of others. We reserve the right to remove any information you may submit to our Website for any reason. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
What information do we collect?
We collect and hold your personal information which may include your name, email address, phone number, mailing address, date of birth, type of animal(s), number of animals, historical information that you provide, questionnaire responses, other data collected that could directly or indirectly identify you, and any other information you have submitted to supply our products and services to you. We may also collect your bank or credit card details and details about payments you have made.
Information you provide to us about yourself (through the questionnaire on our website or otherwise) may be accessed by our employees, principals, agents, independent contractors and the licensed healthcare professionals we work with. Such access may be for the purpose of connecting you with a licensed healthcare professional, evaluating your eligibility for an emotional support animal and performing other actions related to fulfilling your order or request with us.
We may also collect non-personally identifiable information about you (such as anonymous usage data, IP addresses and location, browser or platform type, etc).
Please click on the links below to reach our support team if you would like to:
If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any products or services purchased or required for our legitimate business purposes or legal or contractual recordkeeping requirements.
Sharing with trusted third parties
We may share your personal data with affiliated companies within our corporate family, with third parties we have partnered with to allow us to integrate their services into our own services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:
- Processing credit card payments
- Evaluating your questionnaire
- Assessing your submitted information for any services
- Conducting contests or surveys
- Performing analysis of our services and customers demographics
- Communicating with you, such as by way of email or survey delivery
- Client relationship management
We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for.
Communicating with you
We may contact you directly or through a third party service provider regarding services you have signed up for or purchased from us. We may also contact you with offers for additional services we think you may find valuable if you give us consent, or where allowed based upon legitimate interests. These contacts may include:
- Text (SMS) messages
- Telephone calls
- Automated phone calls or text messages
Transfer of personal data abroad
If you are located outside the United States of America, and your location has laws governing data collection and use that differ from U.S. law, note that you are transferring your personal information to the U.S., and in such context, you are consenting to such transfer by providing your personal information.
We use multiple web analytics tools provided by service partners such as Google Analytics, MixPanel and Singular to collect information about how you interact with our Website, including what pages you visit, what site you visited prior to visiting our Website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our products and services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our Website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies.
How we secure, store and retain your data
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate.
We retain personal data only for as long as necessary to provide the products or services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:
- mandated by law, contract or similar obligations applicable to our business operations;
- for preserving, resolving, defending or enforcing our legal/contractual rights;
- needed to maintain adequate and accurate business and financial records; or
- for auto-renewal billing
If you have any questions about the security or retention of your personal data, you can contact us at firstname.lastname@example.org.
California Residents Privacy Notice
Effective January 1, 2020, the California law known as the California Consumer Privacy Act (“CCPA”) allows, with some exceptions, California residents to request that a business that collects consumers’ personal information to give consumers access to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with the CCPA, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information.
Notice to Business-to-Business Consumers: Many of the obligations imposed by the CCPA currently do not apply to personal information reflecting communications or transactions between the business and a California resident where the resident is acting on behalf of another business, e.g., a business-to-business transaction. If your personal information is being processed within this context, your rights under the CCPA are limited.
Your Rights Under California Law
The following are your rights under California law:
- To request that the business disclose what personal information (about you) it collects, uses, discloses, and sells.
- To request deletion of your personal information collected or maintained by the business. This right is limited, and we may not always honor your request, particularly when it is necessary to maintain your information for legal purposes or to complete the business we have with you.
- To opt-out of the sale of your personal information by the business. A “sale” occurs when your personal information is exchanged with a, non-service provider, third party in exchange for valuable consideration. It is not a sale when you intentionally authorize us to disclose your personal information or interact with a third party. To exercise your right to opt-out, please contact us at email@example.com
- To not receive discriminatory treatment by the business for exercising any of the privacy rights conferred under the CCPA.
Exercising Your Rights Under the CCPA
How to make a disclosure request: You may request these disclosures by contacting us at firstname.lastname@example.org. You have the right to make a free request two times in any 12-month period. We will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period.
Right of deletion: You have the right to request that we delete your personal information, subject to certain exceptions. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information, unless an exception applies. Contact us at email@example.com to delete your data.
The CCPA permits using a designate an authorized agent to make a request on a consumer’s behalf. You may designate an agent by filling an agent-designation form. Both the designated agent and the consumer are subject to verification before accepting a consumer rights request.
All consumer rights requests are subject to verification by us. We verify requests by matching the information provided by the consumer to the personal information of the consumer already maintained by the business. In some instances, we may use your contact information to contact you in order to verify your identity.
Residents of the state of California have the right to request certain information from us with respect to the types of personal information we share with third parties for their direct marketing purposes, as well as the identities of the third parties we have shared such information with during the immediately preceding calendar year. To exercise your choices, please contact us at firstname.lastname@example.org.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied with respect to the Website should be taken to indicate that all information in the Website has been modified or updated.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of any of our products or services will be uninterrupted, timely, secure or error-free. We do not warrant that any particular result may be obtained from the use of any of our products or services.
You expressly agree that your use of, or inability to use, any products or service is at your sole risk. The products or services made available on the Website are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ESA Certificate, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of any services and/or products procured from us, or for any other claim related in any way to your use of the Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased from us through the Website; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a lawsuit or class action suit for any losses or damages resulting from your use of the Website or any products or services offered through the Website.
SECTION 13 – INDEMNIFICATION
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website, or relating to any activity, information, product or service, provided by us or any of our agents, employees or contractors. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or any service or product offered through the Website.
By viewing the Website you agree to fully release, indemnify, and hold harmless ESA Certificate from any claims, costs (including, without limitation, attorneys’ fees), expenses or liabilities whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the Website; (b) your violation of these Terms of Service or of applicable laws or regulations; (c) any content you uploaded to the Website; or (d) your use of any products or services offered through the Website. ESA Certificate reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ESA Certificate. ESA Certificate will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. We may terminate these Terms of Service and your access to any products or services offered through the Website at any time for any reason in our sole discretion. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use any of our products or services; provided however that you will remain responsible for all amounts due up to and including the date of termination.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products or services (or any part thereof).
Notwithstanding any provision in these Terms of Service to the contrary, the following provisions shall survive termination or expiration of these Terms of Service: General Conditions; Disclaimer of Warranties, Limitation of Liability; Indemnification, Other Terms.
SECTION 15 – OTHER TERMS
Entire Agreement: This Terms of Service constitutes the sole agreement between you and the ESA Certificate relating to your use of the Website and products and services offered through the Website, and no representations, statements or inducements, oral or written, not contained in these Terms of Service shall bind either you or ESA Certificate.
Severability: In the event that any provision of these Terms of Service 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 these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
No Assignment: You may not assign, transfer or delegate your rights or obligations within these Terms of Service in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Service, and any rights and duties hereunder or thereunder. These Terms of Service shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.
No Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Service, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by ESA Certificate of any right under this Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Jurisdiction: The Terms of Service are governed by and construed in accordance with the laws of the State of Texas and controlling United States Federal Law without regard to any conflicts of law provisions.
Arbitration: Subject to the provisions of these Terms of Service, all disputes, controversies or claims arising out of or relating to these Terms of Service will be resolved through mandatory binding arbitration that will be conducted in Travis County, Texas as provided below. This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the AAA. In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to ESA Certificate at email@example.com. Any dispute must be initiated with an AAA arbitrator in Travis County, Texas, within one year of occurrence or to the maximum extent permitted by law. Any dispute that arises may only be resolved through an individual arbitration, and shall not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial, and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another. Both parties must keep the dispute confidential, to the maximum extent permitted by law.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ESA Certificate may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. ESA Certificate reserves the right at all times to disclose any information as ESA Certificate deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You agree that any violation or threatened violation of these Terms of Service constitutes an unlawful and unfair practice that will cause us irreparable and un-quantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
SECTION 16 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website, or use of any products or services offered on the Website, following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 – ESA SHIELD
ESA Shield is offered to clients who purchase a housing, travel or combo ESA plan through ESA Certificate. If you are issued a valid ESA letter and your landlord or airline ultimately denies your request for accommodation, you will be refunded the amount paid for your ESA plan subject to the conditions stated here. With ESA Shield, you will have unlimited, priority email support from our top staff to help you throughout the approval process with your landlord or airline.
ESA Shield does not cover any additional document requests that your landlord or airline may require you to submit. Additional documents are processed for an extra document fee, as detailed here. If your landlord or airline requests an additional document that requires an additional fee, our support team will advise you on whether such document can be satisfactorily completed by your LMHP. Please also note that while the support team members are knowledgeable about ESA rules, they are not lawyers and thus are not permitted to give any advice or assistance related to legal matters, including with respect to evictions.
In order to receive a refund, you must have actively engaged your landlord or airline in discussion, and have submitted ESA documents or additional information which were rejected at least twice. Note that it is common for landlords or airlines to reject the initial request. They will often then accept your ESA after being provided additional documents and information or after you demonstrate you are knowledgeable about your rights under the Fair Housing Act or Air Carrier Access Act. If your landlord or airline has twice rejected your ESA accommodation request and they are violating your rights under the FHA or ACAA, you must submit written documentation evidencing such rejections to us. Please note that if you are denied by your landlord or airline due to a valid reason for rejection under the FHA, ACAA or guidance issued by the Department of Housing or Department of Transportation, you will not be eligible for a refund – ESA Shield is designed to protect you in situations where your landlord or airline is unreasonably acting in violation of your rights under those rules.
If you meet the conditions stated here, the cost of your housing, travel or combo plan will be refunded within 10 days to your original form of payment. Please note, the cost of ESA Shield itself and any additional document services you have ordered will not be refunded under any circumstance. ESA Shield is valid from the date of your ESA letter and expires in 30 days from that date. In most cases, the ESA approval process with landlords and airlines takes a few days and should be decided well before ESA Shield expires.
You are not eligible for a refund if any of the following have occurred:
- You have an exotic pet, such as a snake, reptile, ferret, rodent or spider – ESA Shield is only for dogs, cats and miniature horses at this time.
- You have violated a provision of the Fair Housing Act or Air Carrier Access Act (or related guidance from the Department of Housing or Department of Transportation).
- Your animal poses a safety or health threat to other tenants, passengers or property.
- You have failed to notify the airline about your ESA at least 48 hours in advance of travel.
- You have more than two ESAs for housing or one ESA for travel.
- Your landlord or airline has cited a valid reason for denying your ESA under the Fair Housing Act or Air Carrier Access Act.
- You have been cited by your landlord for damage caused by your ESA to property.
- You are in violation of the terms of your lease (other than provisions that violate the FHA).
- You had possession of your pet at the time of completing a tenant application or moving in and failed to mention the animal to your landlord.
- Your animal has been cited by your landlord for infractions such as disturbing neighbours, damaging property, making excess noise or demonstrating hostility towards tenants or building staff.
- Your ESA cannot humanely live in your residential space, or you have been cited for improper treatment of your animal.
- For air travel, your pet cannot be placed in a pet carrier or comfortably on the floor at the passenger’s feet.
- You have violated airline policies or guidelines.
- You have lied about or misrepresented your need for an ESA to your licensed mental health professional, landlord or airline.
- You request ESA Shield benefits more than 60 days after the date of issuance of your ESA letter.
SECTION 18 – PAYMENT PROCESSING AGREEMENT
Payment processing services for clients on ESA Certificate are provided by PayPal and are subject to the PayPal User Agreement, which includes the PayPal General Conditions of Use (collectively, the “PayPal Services Agreement”). By agreeing to these terms or continuing to operate as a client on ESA Certificate, you agree to be bound by the PayPal Services Agreement, as the same may be modified by PayPal from time to time. As a condition of esacertificate.org enabling payment processing services through PayPal, you agree to provide ESA Certificate accurate and complete information about you and your business, and you authorize esacertificate.org to share it and transaction information related to your use of the payment processing services provided by PayPal.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.