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 service (the “Agreement”). The Agreement is a binding legal contract that applies to any User (“User”) of the Services. By clicking “I Accept,” 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 click on the “I Agree” button and may not upload any information in connection with the Services.
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. The Company’s Services include a platform where Users may be evaluated to determine whether they qualify to obtain an emotional support animal (“ESA”) authorization letter in compliance with relevant federal, state, and local laws or regulations.
Users are connected with a third-party service provider ("Third-Party Provider") for ESA letter qualification testing. Testing is performed through an application programming interface that allows Users to review and submit answers to testing questions. User understands and acknowledges that agrees that the Company does not (i) provide the testing or evaluation services, (ii) make a determination as to User's qualifications for an ESA letter, or (iii) itself provide the ESA Letter. Rather, the Company is a medium for the testing and the delivery of the ESA letter by the Third-Party Provider. If a User elect to use the Company’s Services, User consents to (i) the qualification testing provided under the Services as described in this Section 1 and (ii) to comply with the terms set forth in this Agreement concerning the Services.
2. Eligibility for Services. The Services and Site 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 Site. 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
3. Acknowledge of non-medical advice. The Services, including the Site, are purely educational in nature and provided to assist Users from an informational standpoint. 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 Site, is at each User’s own risk.
4. User understands that User will be required to submit personal information in order to access the ESA letter qualification testing provided by a Third Party Provider, and that such personal information may include certain protected health information ("PHI"). In order to participate in the Services, User must sign an authorization to allow the disclosure of their personal information and PHI to a Third Party Provider or any other parties identified on the authorization form.
5. Login Credentials from the Third-Party Provider. The Third-Party Provider 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 Third-Party Application 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 Third-Party Application, including by disrupt any other user's access to the Third-Party Application, or provide anyone unauthorized access to the Third-Party Application; (4) reverse engineer, attempt to gain unauthorized access to the Third-Party Application, or attempt to discover the source code or structure of the Third-Party Application; (5) submit to the Third-Party Application 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 Third-Party Application; (6) submit to the Third-Party Application 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 or Third-Party Application.
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 User Information for the limited purpose of granting to the Third-Party Provider a sublicense to access and use the User Information.
10. Treatment of User Information at Termination. Upon termination of this Agreement, the Company may continue to use Account Information and the Third-Party Provider may continue to use User 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 User 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 User Information to the Third-Party Application; and (b) to grant the Company the limited rights to process Account Information and to grant to the Third-Party Provider a sublicense to use the User 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 of the Services, which the Company may amend from time to time in its sole discretion. Any changes to the fees will be published on the Site.. All fees are nonrefundable. 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. 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.
14. 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. The Company's Services fulfilled by Third Party Providers, which are licensed health care providers such as physicians, nurses, psychologists, social workers and therapists, are not refundable once fulfilled.
15. 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 Services-provided ESA Letter is valid under applicable laws and regulations.
16. 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.
17. 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 Third-Party Platform.
18. Survival Following Termination. Certain provision of this Agreement that are intended, explicitly or otherwise, to survive termination of this Agreement shall survive any such termination.
19. Proprietary Rights. The Company retains all title, interest, and rights in and to: (a) the Services, including all software and technology related to the Third-Party Application, and all intellectual property and proprietary rights thereto and therein; and (b) all print and electronic documentation and other data and content (excluding User Information and 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.
20. "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 Third-Party Application and the questions provided through the Third-Party Application. 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.
21. 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.
22. 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
23. 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.
24. User Acknowledgement regarding Injunctive Relief. User acknowledges that any actual or threatened breach of this Agreement, including provisions concerning Confidential and propriety 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
26. 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.
27. User’s Representation of Authority. User represents that User has the necessary authority to enter into this Agreement regarding the Services
28. 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.
29. Disclaimer. User understands and acknowledges that the Services, including the Third-Party Application, 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. THE COMPANY FURTHER DISCLAIMS ALL IMPLIED WARRANTIES OFFITNESS 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.
30. By clicking "I Accept" and therefore Accepting 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.
31. 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.
32. 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.
33. Agreement to indemnify. User hereby expressly acknowledges and understands the foregoing agreement to indemnify, which provides that User will defend the Company, and its respective directors, agents, employees, and related entities against any investigations, lawsuits, proceedings, claims, or official inquiries brought by a third party arising out of User's use of the Services in violation of applicable law or this Agreement.. User will indemnify the Company and the other indemnified parties for any damages, reasonable attorney's fees, and costs resulting from a claim that User is obligated to defend and finally awarded against the Company or agreed to be paid by the Company in any written settlement approved by the written approval of User. User's obligations under this section are contingent on the Company or other indemnified parties promptly providing written notice of the claim to the User, giving the User sole control of the defense and settlement of the claim (provided that any settlement unconditionally releases the Company or other indemnified parties of all liability and makes no admissions on their behalf or include payment of any amounts on their behalf, and providing the User, at the User's expense, all reasonable assistance in connection with such claim. Company or the other indemnified parties may participate in the defense of any claim at their sole cost and expense.
34. 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 here.
35. 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.
36. 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 Client’s use of the Services.
37. 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.
38. Agreement Effective Date. This Agreement shall be dated effective as of the date User clicks on the "I Accept" button.
39. 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. This Agreement is governed by Florida law, without regard to its conflicts of law rules or the conflicts of laws rules of any other state User and Company hereby consent to exclusive jurisdiction and venue in the state and federal courts located in Florida for any dispute of any nature arising out of this Agreement. If either party brings an action against the other party to enforce any provision of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs. Neither party is liable for delay or default under this Agreement if caused by conditions beyond its reasonable control.
40. 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. 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.