TERMS OF SERVICE FOR EXPRESS PET CERTIFY
Your use of the Express Pet Certify website, products, services, and offerings (referred collectively as the “Services”) are subject to these terms of use (the “Agreement”). The Agreement is a binding legal contract that applies to any user, including you (“User” or “you”), of the Services. By making a purchase using this website, User agrees to be bound by this Agreement and to be liable for any non-compliance or violations or breaches of this Agreement. If User does not agree to be bound by this Agreement, User should not make a purchase using this website and may not upload any information in connection with the Services.
NOTICE OF ARBITRATION: THIS AGREEMENT REQUIRES USER TO SUBMIT ANY DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT USER AGREES TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE, THIS AGREEMENT OR THE PRIVACY POLICY TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. MORE INFORMATION ABOUT ARBITRATION UNDER THIS AGREEMENT IS FOUND IN SECTION 36 (ARBITRATION AND CLASS ACTION WAIVER) BELOW.
This Agreement is hereby entered into by and between User and Express Pet Certify (the "Company"). This Agreement governs the use of the Services by User.
1. Express Pet Certify Services.
a. The Services provide the technology for User to obtain an assessment from a licensed health professional (“Provider”) to determine User’s eligibility for an emotional support animal (“ESA”). Using Company’s technology, User will complete a professional disability inquiry based on the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (“Inquiry”), and the results of the Inquiry will be reviewed and evaluated by a Provider licensed in the appropriate jurisdiction. Following User’s completion of the Inquiry, the Provider will personally engage you with additional questions using phone or SMS. If the Provider determines, based on the results of the Inquiry and the subsequent engagement, that an ESA would alleviate one or more symptoms or effects associated with a disability that correlates to the Provider’s assessment, then the Provider will provide a letter recommending the use of an ESA. The ESA recommendation letter is a result of the Provider’s engagement, review, professional interpretation and personal knowledge of your needs.
b. Providers assessing Users through the Services do not issue a formal diagnosis or provide treatment or therapy. Once a Provider has issued an ESA letter or determined an ESA letter is not appropriate, the Provider’s service to User has been rendered. User should not contact Providers related to third-party’s failure to accept an ESA letter. Rather, all inquiries regarding the acceptance of an ESA letter, Company’s commercial and payment terms, and this Agreement should be submitted to Company at support@expresspetcertify.com. If a third-party requires verification of User’s ESA letter, please direct such third-party to the QR code printed on your ESA letter where your credentials will be verified.
2. Eligibility for Services. The Services and website are only intended for Users at least thirteen (13) years of age, and the Company never requests personally identifiable information from anyone under the age of thirteen (13). You may not use our Services if you are under the age of 13 years old. By using our Services, User represents and warrants that he or she is thirteen (13) years old or older, or that the user has the express permission of his or her parent or guardian to use the Services and website. No User shall provide any personal information of or on behalf of any individual under the age of 13 in violation of the Children's Online Privacy Protection Act. If a parent or legal guardian believes or knows that its child has provided personally identifiable information and such child is under the age of thirteen (13) or the parent or guardian wishes to have such information removed, the parent or legal guardian should immediately contact the Company at care@expresspetcertify.com.
3. Acknowledgement of Non-Medical Advice. User hereby agrees and acknowledges that the Company does not provide in any way therapy services, medical diagnoses, or treatment. User further agrees that the Services are not, and User will not use the Services as, a substitute for therapy, medical, or other healthcare related services. User is not establishing a doctor-patient relationship or psychotherapist-client relationship at any point during the use of our Services, and communications between User and the Company are not protected by any medical privileges or confidentiality. Use of the Services, including the website, is at each User’s own risk.
4. Personal Information. User understands that User will be required to submit personal information in order to access the ESA letter qualification testing provided by a Provider. In order to participate in the Services, User must sign an authorization to allow the disclosure of their personal information to a Provider or any other parties identified on the authorization form.
5. Login Credentials. Company will provide, or allow User to create, credentials to login, e.g. a user name and password. User agrees that User will not share or allow another individual to use User’s credentials. User agrees to promptly notify Company of any known or suspected unauthorized access. User will be responsible for all use and misuse of the Services that occurs under User's login credentials.
6. Use Restrictions. User will not do any of the following: (1) "frame," resell, distribute, permit access to, or provide access to the Services by any third party other than for its intended purposes; (2) use the Services other than in compliance with this Agreement and with applicable laws; (3) interfere with the Services, including by disrupting any other user's access to the Services or providing anyone unauthorized access to the Services; (4) reverse engineer, attempt to gain unauthorized access to the Services, or attempt to discover the source code or structure of the Services; (5) submit to the Services any software, malware, or any other feature that is designed to change, alter, or otherwise impact any software, program, data, device, system or service, or provide unauthorized access to the Services; (6) submit to the Services any content that is harassing, threatening, infringing, libelous, defamatory, scandalous, inflammatory, obscene, pornographic, or profane, or is otherwise in violation of federal, state, or local laws and regulations; or (7) use any data scraping tool, robot, extraction tool, spider tool, or similar mechanism with respect to the Services.
7. User Accounts. Users will be required to provide personal information to the Company in connection with paying for the Services. This personal information may include, but is not limited to, names, credit card information, and other profile information ("Account Information"). For purposes of this Agreement, Account Information does not include aggregate or de-identified information compiled from Account Information that does not identify User.
8. License Granted by User. User hereby grants to the Company a non-exclusive, perpetual, royalty-free, worldwide license to use the Account Information for the limited purpose of granting to the Provider a sublicense to access and use the Account Information.
9. Processing Account Information. User agrees that the Company and Provider may process Account Information as necessary to provide the Services and as otherwise set forth in the Privacy Policy and this Agreement.
10. Treatment of Account Information at Termination. Upon termination of this Agreement, the Company may continue to use Account Information and the Provider may continue to use Account Information, and neither party has the obligation to delete any such information.
11. Data Ownership. Subject to the license granted by User, User retains all ownership, titles, rights, and interest in all Account Information. User represents and warrants that it has all rights, permissions, and consents necessary: (a) to submit all Account Information to the Company and all Account Information to the Services; and (b) to grant the Company the limited rights to process Account Information and to grant to the Provider a sublicense to use the Account Information as set forth in this Agreement.
12. Payment and Fees. In consideration of the Services, User will pay the fees specified at the time of purchase, which the Company may amend from time to time in its sole discretion. Any changes to the fees will be published on the website. Except as otherwise expressly set forth in this Agreement, all fees are nonrefundable following purchase. Notwithstanding the foregoing, Company will refund User for testing where the User does not qualify for an ESA Letter. However, if User received an ESA letter in the previous year through the Services but does not qualify the subsequent year, the refund shall only apply to the fees paid for the second year of Services. User hereby authorizes the Company to charge User's credit card for all applicable fees and taxes associated with the Services.
13. Rejection Protection Terms. For additional payment and upon providing the information required by the Company, the Company will agree to refund the User’s purchase if an ESA letter issued by the Company is not accepted by a third party. To receive the refund, the User must have made the additional payment at the time User purchased the ESA letter, and, in the event that the ESA is denied, provide the Company with information about the ESA rejection, including: (a) Name of company that rejected ESA letter (if applicable), (b) Name of ESA rejecter, (c) Address of ESA rejecter, (d) Telephone Number of ESA rejecter, and (e) a copy of the letter or email declining the ESA letter.
14. Guarantee. The guarantee provided by the Company is limited to the following: User will not be charged a fee for the Services if the User does not qualify for an ESA letter. However, the Company does NOT provide a guarantee that an airline, landlord, business, or other entity will accept an ESA letter.
15. Refunds. With regard to physical products, Company will accept returns and issue a refund for 100% of the purchase price within 30 days of receipt of the returned physical product.
16. Collections Policy. Unpaid fees, including chargebacks, will be forwarded to a collection agency. At the Company’s discretion, credit card chargebacks will be charged a $25 charge-back fee in addition to merchant/bank chargeback fees of $40.00. I agree to reimburse the Company for any collection fees, which may be based on a percentage at a maximum of 35% of the account balance, and all costs and expenses and reasonable attorneys’ fees the Company incurs in such collection efforts.
17. Agreement Term. The term for each User will commence on the date User submits a payment for the Services and, subject to the termination rights herein, shall continue for so long as any ESA letter provided is valid under applicable laws and regulations.
18. Termination based on Cause. In the event of a material breach by User, Company may terminate this Agreement immediately if User fails to cure the breach within thirty (30) days after receiving written notice from the Company. In addition to any other remedies available in this Agreement, Company may suspend User's access to the Services immediately if: (a) User has, or the Company reasonably suspects that User has, breached or misappropriated or infringed the Company's intellectual property or proprietary rights; or (b) User has made any false misrepresentations or statements to the Company.
19. Effect of Termination of Agreement. Upon expiration or termination of this Agreement for any reason: (a) all obligations and rights of the parties hereunder will cease (except as set forth in herein); (b) User's login credentials will be revoked and no longer accessible to User; and (c) User will not have access to the Services.
20. Survival Following Termination. Certain provisions of this Agreement that are intended, explicitly or otherwise, to survive termination of this Agreement shall survive any such termination.
21. Proprietary Rights. The Company retains all title, interest, and rights in and to: (a) the Services, including all software and technology related to the Services, and all intellectual property and proprietary rights thereto and therein; and (b) all print and electronic documentation and other data and content (excluding Account Information) made available through the Services. Except for the licenses as set forth herein, this Agreement does not convey any of the Company's intellectual property or proprietary rights to anyone or any third party, including User.
22. "Confidential Information" includes all non-public business, legal, financial, or technical information disclosed to or learned by User in connection with the business relationship between the parties regardless of whether the Company has identified such information as confidential at the time of disclosure, including but not limited to, the Services and the questions provided through the Services. Confidential Information does not include: (a) information that was generally known to the public at the time of disclosure to User; (b) information that becomes generally known to the public (other than through a breach of this Agreement) after disclosure to User; (c) information already in User's possession free of any obligation of confidentiality prior to disclosure; (d) information that is rightfully received by User from a third party without any restriction on such disclosure; or (e) information that was independently developed by User without reference to or use of any Confidential Information. All Confidential Information is provided on an "AS IS" basis. The Company makes no warranties, whether expressed or implied, concerning the completeness or accuracy of any Confidential Information.
23. User: (a) will not use Confidential Information for any purpose other than in connection with this Agreement; (b) will not disclose, distribute, or give access to any of the Confidential Information to any third party; and (c) will take reasonable security precautions to keep the Confidential Information confidential. User will immediately notify the Company upon discovery of any unauthorized disclosure or use of the Confidential Information.
24. Intellectual Property. As between the parties, the Company retains all rights, ownership, title, and interest in and to the Confidential Information, including all intellectual property and proprietary rights therein. Any disclosure of the Confidential Information to User does not grant or convey any right of ownership of such Confidential Information to User or any other third party.
25. Confidential Information - Required Disclosures. User may disclose the Confidential Information to the extent required by law or legal process but in such scenarios, User will, to the maximum extent allowed by law: (a) give the Company prior notice so as to afford the Company a reasonable opportunity to object, and obtain a protective order or other appropriate relief; (b) use reasonably diligent efforts to limit disclosure to that which is legally required; and (c) reasonably cooperate with the Company, at the Company's expense, in its efforts to ensure that the Confidential Information will be subject to a protective order or similar means of legal protection.
26. User Acknowledgement regarding Injunctive Relief. User acknowledges that any actual or threatened breach of this Agreement, including provisions concerning Confidential Information, may cause irreparable, non-monetary harm to the Company, the extent of which may be difficult to ascertain. Therefore, User acknowledges and agrees that Company is entitled to seek injunctive relief in addition to all remedies available to the Company at law and/or in equity and/or under this Agreement.
27. Privacy. User acknowledges and agrees that use of the Services are subject to the Company's privacy practices, which are described in the Privacy Policy. User agrees to abide by the Privacy Policy, which may be updated periodically, and User agrees to review the Privacy Policy regularly for any updates.
28. Mental Health Diagnosis Requirement. User hereby understands and acknowledges that User may be precluded from obtaining an ESA letter approval unless the User has formally received a qualifying mental health diagnosis by a qualified professional licensed to provide such a mental health diagnosis.
29. User’s Representation of Authority. User represents that User has the necessary authority to enter into this Agreement regarding the Services.
30. Personal Use Only. User represents and warrants that User's use of the Services are limited to personal purposes and not for any commercial purpose.
31. Disclaimer. User understands and acknowledges that the Services may experience periods of downtime, including but not limited to periods of downtime in connection with scheduled maintenance. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, AND ANY MATERIALS OR INFORMATION RELATED TO THE SERVICES OR MADE AVAILABLE THEREFROM, WHETHER EXPRESS OR IMPLIED. THE COMPANY DOES NOT GUARANTY AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE USER WILL QUALIFY FOR AN ESA LETTER OR OTHERWISE OBTAIN AN ESA LETTER. EXCEPT AS PROVIDED IN THE COMPANY’S GUARANTEED ACCEPTANCE PROGRAM SET FORTH IN SECTION 13 OF THESE TERMS, THE COMPANY DOES NOT GUARANTY AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE ESA LETTER WILL BE ACCEPTED BY A THIRD PARTY. THE COMPANY FURTHER DISCLAIMS ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND ACCURACY, TO THE FULLEST EXTENT ALLOWED BY LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT DOWNTIME OR INTERRUPTIONS.
32. By making a purchase through this site and indicating your acceptance of this Agreement, this Agreement will be valid, enforceable, and binding with respect to User in accordance with the terms of this Agreement, and the performance of User's obligations under this Agreement will not constitute a default, or an event which with the passage of time, the giving of notice, or both, would constitute a default, under any other agreement by which User is bound. User is not and shall not be under any restriction, prohibition or disability related to use of the website and the performance of its obligations under this Agreement.
33. Exclusion of Certain Damages and Damages Cap. THE COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, UNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN GIVEN ADVANCE NOTICE. IN ANY EVENT, COMPANY'S ENTIRE LIABILITY UNDER THIS AGREEMENT MAY NOT EXCEED THE AMOUNT ACTUALLY PAID BY USER TO THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE ALLEGED LIABILITY AROSE.
34. General. User and Company acknowledge and agree that each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of this Agreement between the parties. User and Company further acknowledge and agree that fees for the Services reflect this limitation of liability and allocation of risk. User understands and agrees that these provisions apply even if the remedies available under this Agreement are insufficient to cover all of the damages or losses of User or fails to fulfill an essential purpose sought by the User.
35. Indemnification. User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to User’s violation of the Agreement or User’s use of the Services other than as expressly authorized in this Agreement.
36. Arbitration and Class Action Waiver.
a. Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both User and Company agree that any legal dispute between User and Company, including but not limited to any of Company’s parents, affiliates, subsidiaries, employees, service providers, successors, assigns, and agents, concerning or arising in any way out of this Agreement or the Services shall be resolved through binding individual arbitration. User understands and agrees that User is waiving User’s right to sue or go to court to assert or defend User’s rights. The term “dispute” means any dispute, action, claim, or other controversy between User and Company, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
b. Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Company at ExpressPetCertify.com, 2000 Ponce De Leon Blvd., Coral Gables, FL 33134 or (2) to User at the postal address on file with Company. Both User and Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
c. How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Section 36. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or a court shall select, another arbitration provider. Arbitration may be conducted in person, through the submission of documents, by phone, or through videoconference. Unless User and Company agree otherwise, proceedings that cannot be conducted through the submission of documents, by phone, or through videoconference will take place in Delaware; provided, however, that if User can demonstrate that arbitration in Delaware would create an undue burden to User, the arbitrator may hold an in-person hearing in proximity to User’s place of residence (provided that such residence is in the United States).
d. Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court. User and Company also agree that each may bring claims against the other in arbitration only in User’s or their respective individual capacities and in so doing User and Company hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
e. Governing Law and Other Terms. This Section 36 shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. The parties hereto submit to the exclusive jurisdiction of the federal or state courts located in Delaware in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Company will provide notice of any material changes to this Section 36. The arbitrator shall be selected by mutual agreement of the parties, or if the parties cannot agree within thirty (30) days, by the applicable arbitration organization’s standard appointment process. Except as set forth above, if any portion of this Section 36 is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Section 36. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of that waiver. This Section 36 survives without regard to the termination of this Agreement or other relationship with Company.
37. Agreement to Receive Electronic Notice. User agrees to receive all communications, agreements, and notices from the Company electronically, and that such communications provided electronically satisfy any legal requirement that such communications be in writing. Notices sent via email will be deemed given one (1) business day after being sent. Notices to the Company should be sent to:
ExpressPetCertify.com
2000 Ponce De Leon Blvd.
Coral Gables, FL 33134
email: support@expresspetcertify.com.
38. Assignability. The Company may assign this Agreement, in its discretion and without need to obtain prior approval from User, in connection with a merger or similar transaction. The Company may assign this Agreement, in its discretion and without need to obtain prior approval from User, to a company acquiring substantially all of its business, equity, or assets. Otherwise, this Agreement is not assignable by either party without advance written consent of the other party. This Agreement is intended to benefit and bind the parties, their successors, and their permitted assigns.
39. Acknowledgement of Entire Agreement. This Agreement and all provisions contained herein is the entire agreement between User and Company concerning the use of the Services. This Agreement expressly supersedes any prior or contemporaneous understandings or agreements of any nature regarding the User’s use of the Services.
40. Electronic Signatures Act. The parties expressly agree to conduct this transaction electronically as provided by 15 U.S.C. § 7001 and any similar state laws.
41. Agreement Effective Date. This Agreement shall be effective as of the date User makes a purchase through the website.
42. General Provisions. Unless otherwise provided in this Agreement, the waiver of any breach of any provision of this Agreement will be effective only if in writing, and no such waiver will operate or be construed as a waiver of any subsequent breach. If any provision of this Agreement is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not permitted by law), and the rest of this Agreement is to remain in effect as written. Notwithstanding the foregoing, if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this Agreement, the entire Agreement will be deemed null and void. Neither party is liable for delay or default under this Agreement if caused by conditions beyond its reasonable control.
43. Changes to this Agreement. The Company reserves the right to change, update, or otherwise modify this Agreement at its discretion. Except in rare circumstances, revisions will be effective fifteen (15) days after posting. However, any changes to the dispute resolution provisions set out in Section 36 (Arbitration and Class Action Waiver) will not apply to any disputes with respect to which the parties have actual notice before the date the change is posted on the website. Your use of the Services after the effective date of a revision will constitute acknowledgement and agreement to the modified Agreement. If User does not agree to a modification of this agreement, User may terminate this Agreement by providing notice to the Company in writing, which will be effective upon the Company's acknowledgement of such termination, no later than thirty days from the Company's receipt of such termination notice.