TERMS OF SERVICE AND POLICIES
SECTION 1 – OVERVIEW AND ACCEPTANCE OF TERMS AND CONDITIONS
This website, located at ESADoctors.com (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 Doctors (“we”, “us” and “our”).
ESA Doctors is not a medical clinic or heath care provider and is not engaged in the practice of medicine or any health care profession. ESA Doctors is a company that utilizes technology to help connect clients with licensed healthcare professionals (“LHCPs”) who, when they deem it to be appropriate and necessary for the client in their independent judgment, can write a recommendation letter for an emotional support animal or a letter assessing whether client meets the definition of “disability” under the ADA, ACAA and/or FHA. Each client is evaluated on an individual basis by the mental health professional and ESA Doctors does not guarantee that an emotional support animal letter or psychiatric service dog (PSD) 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 Doctors 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). 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 or PSD 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 Doctors 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 LHCP, 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 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.
A service dog (including a psychiatric service dog) is a trained animal that perform tasks relating to a person’s disability. Documents like PSD letters, certifications, licenses and registrations do not convey any rights under the Americans with Disabilities Act, Air Carrier Access Act, Fair Housing Act or any other service animal laws, and the DOJ does not recognize them as proof that a dog is a service animal. No organization or individual can “officially” certify that your animal is a service animal. The PSD letter service offered on the Website is solely intended to help clients evaluate with the assistance of an LHCP whether they have a qualifying disability for a service dog under the ADA, FHA or ACAA. The PSD letter does not in any way confirm, verify, certify or represent that you own or will own a service dog for purposes of the ADA, FHA, ACAA or any other disability law. The role of the LHCP is limited to evaluating your mental and emotional health. They cannot make any representations or certifications about the qualification of your animal as a service dog or its training or temperament. A PSD letter does not confer any rights and is not intended to be submitted to third-parties. It is up to you to determine whether your animal is a true service dog that meets the requirements of relevant assistance animal laws. For air travel, you will have to self-certify that your dog is a service dog on the U.S. Department of Transportation’s Service Animal Air Transportation Form. Fraudulently claiming that an animal is a service animal is unethical and potentially a punishable crime. If you are unsure about whether your animal meets the legal definition of a service animal, you should consult a legal professional.
ESA Doctors makes no designation or recommendation as to the specific animal an individual can or should have as their emotional support animal or service animal. ESA Doctors makes no representation as to a particular animal’s fitness to function as an emotional support animal or service animal, and assumes no liability for the actions of the non-assistance animal, emotional support animal, service animal or their handler/owner under any circumstance.
Please read the section under “Disclaimers” for additional important details.
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 healthcare 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 LHCP 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 LHCP. Once your order is placed, an LHCP 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 LHCP with your consent within 24 hours. Once your LHCP 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 LHCP 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 may be averse to ESAs or unaware of ESA rules and may deny your federally protected right to be accompanied by an ESA. Not all airlines accept emotional support animals and they are not obligated under U.S. law to do so. 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 or the airline’s policy. We also cannot offer refunds if your landlord or airline denies your ESA pursuant to a valid reason under the Fair Housing Act or the airline’s policy – for example, if your ESA poses a threat to the health and safety of others or has damaged property. A PSD letter is intended for your own peace of mind and is not intended to be submitted to any third-party for confirmation or verification of a service animal. It is up to you to self-certify to third-parties that your animal is a fully trained service dog that meets ADA, FHA, ACAA or other assistance animal legal standards. Our 100% money-back guarantee applies if your licensed healthcare professional determines after an assessment that you do not qualify for an ESA letter or PSD letter. We are proud to work with LHCPs with integrity and not all clients will qualify for an ESA letter or PSD letter. To avoid conflicts of interest, your LHCP’s compensation is not based on whether or not you qualify for an ESA Letter or PSD 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 LHCPs we work with gets the help they need, and if your LHCP is unable to recommend an ESA or issue a PSD letter, 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 LHCP can predict how these rules will evolve. Your LHCP is compensated for their time in evaluating you and issuing a letter if you qualify. 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. For the avoidance of doubt, refunds will not be issued if your airline is no longer accommodating emotional support animals. Refunds for PSD letters will not be issued for any reason.
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 Doctors or any of its officers, directors, trustees, employees, consultants, contractors, advisors, representatives, 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 healthcare professional we work with and are not responsible for certifying or credentialing LHCPs. We make no representations or warranties about any LHCP, nor do we have any responsibility over, or supervise, any LHCP or any clinical practice such LHCP may operate. The assignment of a particular LHCP to you does not imply recommendation, referral or endorsement of such LHCP 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 LHCP. 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 LHCP 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 LHCP 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 LHCPs 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 LHCP. Your relationship with the LHCP assigned to you is strictly with that LHCP. We are not involved in any way with the substance of the relationship, and we do not validate any of the LHCP’s services. We do not interfere with the work of the LHCPs 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. The Website may contain content that references federal, state and local rules regarding assistance animals and/or telehealth. We do not make any representations or warranties as to the accuracy or applicability of this content. Laws, regulations, guidelines and other rules regarding assistance animals and telehealth are constantly evolving and subject to interpretation, and we make no representations or guarantees as to whether any information on the Website is current, complete, accurate or relevant. Posted articles on the Website are not regularly updated. You should not rely on any content on the Website for any advice, guidance or information of a legal nature. To answer legal questions, you should always seek help from a licensed professional or directly reference the latest federal, state or local rules applicable to your circumstance.
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 Doctors 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 Doctors 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 Doctors 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.
We may receive a commission, fee and/or other compensation on some clicks or purchases made on, through or linked from our Website. This means that we may receive some form of compensation through an arrangement we have with a third party if you (i) click on certain ads or links in our Website, emails or newsletters or (ii) purchase a product or service after clicking a link in our Website, emails or newsletters.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
“User Content” means any and all information and content that anyone submits to us or submits to or uses with the Website (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will we be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Website are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Website, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and we have no obligation to monitor or delete any such User Content. We may remove or modify any User Content without notice or liability at any time in our sole discretion.
You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user generated submission, and may use your name and any stories you provide us in articles or other features published on the Website or in our publications, advertising, social media or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. We can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Website or our publications, advertising, social media or sponsored content.
It is a condition of these Terms of Service that you do not:
- upload, post, transmit or otherwise make available:
- any User Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any User Content that constitutes or promotes any illegal activity, including, without limitation, any User Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
- any User Content that is false, misleading, or fraudulent;
- any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any User Content that violates or infringes upon the rights of others, including User Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any User Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- any User Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, state, national or international law, rule or regulation.
By posting User Content or submitting such User Content to us, you represent and warrant that (i) you own or otherwise control all of the rights to the User Content and have the right to grant the license set forth in these Terms of Service; (ii) the User Content is accurate and not misleading, (iii) the User Content complies with the Terms of Service; and (iv) you are at least eighteen years old and you have read and understood and your User Content fully complies with these Terms of Service and applicable laws and will not cause injury to any person or entity.
From time to time, we may provide you an opportunity to communicate with us to provide User Content or other information that specifically concerns how we can improve the Website and/or the products and services made available through the Website or advertised on the Website (collectively, “Feedback”). Please be aware that any Feedback communicated to us through the Website or otherwise, whether such Feedback consists of suggestions, ideas, graphics, or other material, will be treated as non-confidential and non-proprietary. Any Feedback you submit, transmit, or post becomes our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without crediting or compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
SECTION 10 – 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 11 – 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 Doctors, and our principals, owners, directors, officers, employees, affiliates, agents, representatives, contractors, interns, suppliers, service providers and 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: a. your use of any of any services and/or products procured from us or your LHCP, or for any other claim related in any way to your use of the Website, b. your use of an ESA letter or PSD letter, c. any advice given to you by your LHCP, d. any dispute you may have with a third party relating to your ESA letter, PSD letter or animal (including housing providers and airlines) or e. the actions of your animal, ESA or service dog. 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 12 – 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 accessing the Website, or purchasing or using any of our products and/or services, you agree to fully release, indemnify, and hold harmless ESA Doctors, and our principals, owners, directors, officers, employees, affiliates, agents, representatives, contractors and interns 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; (d) your use of an ESA letter or PSD letter; (e) the actions of your animal, ESA or service dog, (f) your interaction with any LHCP, (g) any dispute you may have with a third party relating to your ESA letter, PSD letter or animal (including housing providers and airlines) or (h) your use of any products or services offered through the Website. ESA Doctors 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 Doctors. ESA Doctors will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
SECTION 13 – 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 without notice and you will remain liable for all amounts due up to and including the date of termination. 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.
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 14 – OTHER TERMS
Entire Agreement: This Terms of Service constitutes the sole agreement between you and the ESA Doctors 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 Doctors.
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 Doctors 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 Doctors at firstname.lastname@example.org. 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 Doctors may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. ESA Doctors reserves the right at all times to disclose any information as ESA Doctors 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 unquantifiable 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.
All of our rights and obligations under these Terms of Service are freely assignable by us in connection with any merger, acquisition, or sale of assets, or by operation of law or otherwise. Any information you submit to us will be transferred to any acquirer or successor of our company without the need for notification or consent.
SECTION 15 – 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 16 – ESA SHIELD
ESA Shield is offered to clients who purchase a housing or combo ESA plan through ESA Doctors. If you are issued a valid ESA letter and your landlord 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. ESA Shield is not available for clients who live in university, campus or dormitory housing. ESA Shield is also not for use in conjunction with air travel.
ESA Shield does not cover any additional document requests that your landlord may require you to submit. Additional documents are processed for an extra document fee, as detailed here. If your landlord 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 LHCP. 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 in discussion, and have submitted ESA documents or additional information which were rejected at least twice. Note that it is common for landlords 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. If your landlord has twice rejected your ESA accommodation request and they are violating your rights under the FHA, you must submit written documentation evidencing such rejections to us. Please note that if you are denied by your landlord due to a valid reason for rejection under the FHA or guidance issued by the Department of Housing, you will not be eligible for a refund – ESA Shield is designed to protect you in situations where your landlord is unreasonably acting in violation of your rights under those rules.
If you meet the conditions stated here, the cost of your housing 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 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 related guidance from the Department of Housing).
- Your animal poses a safety or health threat to other tenants or the property.
- You have more than two ESAs for housing.
- Your landlord has cited a valid reason for denying your ESA under the Fair Housing 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 neighbors, 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.
- You have lied about or misrepresented your need for an ESA to your licensed healthcare professional or landlord.
- You request ESA Shield benefits more than 60 days after the date of issuance of your ESA letter.
SECTION 17 – PAYMENT PROCESSING AGREEMENT
Payment processing services for clients on ESADoctors.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a client on ESADoctors.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ESADoctors.com enabling payment processing services through Stripe, you agree to provide ESADoctors.com accurate and complete information about you and your business, and you authorize ESADoctors.com to share it and transaction information related to your use of the payment processing services provided by Stripe.
SECTION 18 – GIFT CERTIFICATES
Gift certificates are not reloadable and may not be redeemed for cash (except as required by law). We are not responsible for any lost or stolen gift certificates or use without your permission. Keep them close; they’re valuable and can be redeemed by whoever finds them. Gift certificates, once entered, will be automatically applied to your order(s). Additional payment by credit card will be required if the purchase price exceeds the value of the gift certificate. Gift certificates are also not for resale. Void where prohibited or restricted by law.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com