ESALetter.net IS A WEBSITE THAT PROVIDES ADMINISTRATIVE SERVICES AS A PLATFORM DISTRIBUTION MODEL. THE PLATFORM PROVIDES CERTAIN SERVICES AND MAKES THEM AVAILABLE OVER THE INTERNET. ESALetter.net IS NOT A COVERED ENTITY UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA") NOR IS IT A LICENSED HEALTH CARE PROVIDER. ESALetter.net DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE. ESALetter.net RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE.
PLEASE READ THIS ENTIRE TERMS AND CONDITIONS. YOUR LEGAL RIGHTS ARE EFFECTED BY USE OF THE SERVICES OFFERED ON ESALetter.net
These terms of use are entered into by and between you, the person agreeing to the terms contained in this agreement ("I", "You", "Your" or "Customer") and ESALetter.net ("Emotional Support Animal Co," "ESALetter.net," "Company," "We," "Our," or "Us"). The following terms and conditions, as amended, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this agree1ment, together with any documents and other agreements that expressly incorporate by reference (collectively, these "Terms", "Terms of Use" or this "Agreement"), govern your access to and use of ESALetter.net (the "Website" or "Site"), including any content, functionality and services offered on or through ESALetter.net, and any and all of its sub-pages, whether as a visitor, guest or a registered user of the Site.
By using or accessing the Site and or purchasing any goods or services through the Site, You are agreeing to and "signing" (including an electronic or digital signature, such as clicking an "I accept" button, in a manner that complies with applicable law, which may include electronic signature, click-through accept, the completion of a purchase, selection of a payment method, or the purchase of any goods or services offered through the Site) these Terms Of Use, and You acknowledge and agree that You have:
IF YOU DO NOT WANT TO AGREE TO THESE TERMS IN THIS TERMS OF USE OR THE PRIVACY POLICY, OR DO NOT MEET THE ABOVE-MENTIONED ELIGIBILITY OR REQUIREMENTS, YOU MUST NOT ACCESS, BROWSE, VISIT, OR USE THE SITE, ANY CONTENT OR SERVICES PROVIDED OR OFFERED ON THE SITE, OR PURCHASE ANY GOODS OR SERVICES THROUGH THE SITE.
Certain portions of the Site may be subject to additional terms and conditions specified by ESALetter.net from time to time; Your use of the Site is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
ESALetter.net does not have any responsibility regarding the analyses of the qualification questions nor for any document provided by any health professionals the use of the Site.
This Site is not an emergency-response or emergency-monitoring service and any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should immediately contact an appropriate emergency responder or dial "911" on a phone. ESALetter.net is under no obligation to monitor or respond to communications made to, on or through this Site and no user or person should rely on the Site for medical advice or emergency services.
ESALetter.net provides administrative services as a platform distribution model to provide certain administrative services. These administrative services are available to persons over the Internet and the Site is not a licensed health care provider nor does the Site provide medical or health advice. All information provided or collected through the Site is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
This Site does not fall into any of the covered entities provided by Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), which means that information collected or provided shall not constitute the provision or practice of medical or professional health care advice or services. This Site does not accept health insurance for payment of any services provided.
ESALetter.net respects Your privacy. Our collection, use and disclosure practices regarding Your personally identifiable information is set forth in our Privacy Policy (the "Privacy Policy"). Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and Your assent to these Terms of Use includes Your assent and agreement to our Privacy Policy. Any and all information provided through the Site is not covered or protected by HIPAA.
You agree to provide ESALetter.net with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Your order.
ESALetter.net reserves the right to refuse its service to anyone.
You must be 18 years of age or over to use, access, register for any function, service, or portion of this Site which requires such registration. By using this Site and any services provided therein, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
ESALetter.net is a website that provides administrative services as a platform distribution model. The services provided are made available over the internet for convenience purposes only. ESALetter.net is not a covered entity under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") nor is it a licensed health care provider. ESALetter.net does not provide medical or health advice.
ESALetter.net does not have any responsibility regarding the analyses of the qualification questions nor for any document provided by any health professionals the use of the Site.
The questions used by ESALetter.net in the qualification section of the Site are provided by licensed health professionals. The Site simply assists with connecting people with independent mental health professionals in order to streamline the emotional support animal application process.
This screening does not provide medical advice and is not intended to be a substitute for professional advice, diagnosis, or treatment. For an accurate diagnosis of a mental health disorder, you should seek an evaluation from a qualified mental health professional.
ESALetter.net makes no representations or warranties whatsoever regarding the subject matter, results, communications or correspondence between You and any health professional, or whether you will receive a qualified letter from the health professional with regards to emotional support animals ("ESA"). We do not warrant that you are going to receive the proper documentation for an emotional support animal by just answering the pre-screening questions.
A letter provided by a health professional demonstrates an established relationship with Your health professional who may recommend that a therapy pet may assist you in certain situations. You do not need to provide your letter to verify the letter’s validity or the rights afforded to you under the Americans with Disabilities Act, and its state counter-parts.
The Company does not guarantee that private individuals or governmental entities will agree with any position that any user of this Website may take, including the health professionals who use the Site. Nor can We guarantee that if you purchase one of our products, 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.
An emotional support animal does not need specialized training to handle a task and my come in different breeds and animal types. By bringing Your support animal on a plane or in public/private places, you assume all risks related to your animal acts, behavior and conduct. Neither ESALetter.net or Your health provider shall be responsible or liable for any damages or liabilities caused by your animal. Your ESA letter does NOT provide any protections of any kind against liability for the conduct of Your animal.
All data, information, text, graphics, links, and other material on this Site are provided as a convenience to Our Site’s visitors. The information provided on Our Site is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this Site does not constitute the provision or practice of medical or professional health care advice or services. You should consult Your physician or other qualified health care provider regarding any specific questions You may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this Site, advertisements, third party contractors, or other websites linked to or from it.
The Company name, the terms and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Except as expressly authorized by ESALetter.net, You agree not to use ESALetter.net’s trademark or any mark confusingly similar to the ESALetter.net mark. You agree not to reproduce, distribute, display or create derivative works of any part of ESALetter.net or the Site or any information presented to You through the Site, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on the Site, framing content from Site or creating any unauthorized derivative work.
All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, trade names, trade dress, service marks, taglines, or logos owned or licensed by Company or by any third party. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and ESALetter.net.
The contents of this Site are protected by copyright under United States and foreign laws. Title to the content of this Site remains with Company or its licensors. Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Company. All rights not expressly granted herein are reserved to Company and its licensors.
Company reserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with the use of this website by others.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. ESA letter offers you and your pet official evidence of Your right to an Emotional Support Animal in certain situations. You agree not to use the Site:
You represent and warrant that all required information You provided to this Website is truthful and accurate, and that you will maintain the accuracy of such information. You also agree that the Company will hold the right to refuse service or access to the Website to anyone, at any time, without notice, for any or no reason.
ESALetter.net respects the privacy and sensitivity of these results. No individual data linking You to Your answers or information provided through the Site will be used by ESALetter.net without Your consent or the intended purpose. Some anonymized data may be used in aggregate to improve Your experience.
However, in the case of an investigation of any suspected alleged crime or civil wrong doing ESALetter.net may cooperate with the legal authorities in the investigation. ESALetter.net reserves the right at its sole discretion to disclose any information as the Company considers necessary to satisfy the applicable law, regulation, legal process or governmental request.
All information provided by You to ESALetter.net is not protected by HIPAA. ESALetter.net is not is not a covered entity under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") nor is it a licensed health care provider. ESALetter.net does not provide medical or health advice.
The information presented on or through the Site is made available solely for general information purposes. We do not, and cannot, warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the website, or by anyone who may be informed of any of its contents.
All purchases through the Site or other transactions for the sale of goods, or services or information formed through the Site or as a result of visits made by You are governed by this Agreement and the following terms of sale, which are hereby incorporated into these Terms of Use.
Access to some of the Services requires the payment of a fee (the "Paid Services"). If You elect to purchase Paid Services, You agree to our storage of Your payment information and understand that your Paid Services are personal to You, such that you may not transfer or make available Your account name (and/or registration number) to others. Any distribution by You of Your account name may result in cancellation of Your Paid Services without refund and/or additional charges based on unauthorized use. We reserve the right, from time to time, to change the Paid Services, with or without prior notice to You.
A. Payment. Prices for all Paid Services are in U.S. dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, You are responsible for any applicable taxes, whether or not they are listed on Your receipt or statement. All applicable taxes are calculated based on the billing information You provide us at the time of purchase. If You purchase Paid Services, You agree to pay, using a valid credit or debit card or other form of payment that we may accept from time to time ("Payment Method"), the applicable fees and taxes (if any) set forth in the offer that You accepted. We reserve the right, upon prior notice to You, to change the amount of any fees and to institute new fees. All authorized charges will be billed to your designated Payment Method on the terms described in the specific offer. If payment cannot be charged to Your Payment Method or Your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the Paid Services. It is Your responsibility to ensure that sufficient funds are available to cover the charges for the Paid Services, and we have no liability for any overdraft or other fees that You may incur as a result of our processing of Your payment.
B. Current Information. You must provide us with current, complete and accurate information for Your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and You must promptly notify us if your Payment Method is cancelled (including if you lose your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by contacting customer support number. If You fail to provide us with any of the foregoing information, You agree that You are responsible for fees accrued under Your Payment Method. In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for Your credit or debit card as provided by Your credit or debit card issuer.
C. Refund Policy. All fees relating to Paid Services, including the initial fees are non-refundable, except if you do not qualify for an emotional support animal letter; in that case, ESALetter.net adopts a money back guarantee. If the health professional You are connected with concludes that You are not entitled for the letter, we are going to refund the value of the letter which does not include a consultation fee on the amount of $_____ to the licensed health professional You are connected with.
We make no representations or warranties about any mental health professional, nor do we have any responsibility over, or for supervising, any outside clinical practice such mental health professional may operate. We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any mental health professional. We do not 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 such professional. 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 mental health professional 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. Our role is strictly limited to providing access to information for Your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. We are not liable for any loss or damages caused by your reliance on any Website Content including mental health profiles.
The pre-screening questions were developed for adults only and are provided as a convenience for health professionals using the Site. By answering questions, You acknowledge it’s for informational and convenience purposes only. ESALetter.net disclaims any liability, loss, or risk incurred as a consequence of using this Site.
The pre-screening isn’t a medical diagnosis. You’re encouraged to talk to a care provider or doctor about what your score may mean for your overall health.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchant ability, non-infringement and fitness for particular purpose.we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on it, or on any site linked to it.
Your use of the site, its content and any services or items obtained or purchased through the site are at your own risk. We have not verified the data or information available through the services and do not warrant its accuracy, legitimacy, timeliness, legality or completeness. the site, its content and any services or items obtained or purchased through the site are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the site, its content or any services or items obtained through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the site or any services or items obtained through the site will otherwise meet your needs or expectations.
Subject to any applicable laws which prohibit the following limitations and exclusions, the disclaimers of liability contained in this "no warranties" section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law. The terms in the agreement relating to disclaimer of warranties, access and use of EmotionalSupportAnimalCo products, audit, limitation of liability, indemnification, user’s release of claims, and payment for EmotionalSupportAnimalCo products shall survive any termination of the end user agreement.
In the event any claim relating to the performance or nonperformance by company pursuant to these terms of use, or in any other way concerning this site, is made by you, the actual damages to which you may be entitled shall be limited to the fees, if any, paid by you for use of this site.
You agree 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 your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
The provisions of this Agreement relating to disclaimer of quality of Content, limitations on liability, and indemnification are for the benefit of ESALetter.net and the Indemnified Parties. Each of ESALetter.net and the Indemnified Parties shall have the right to assert and enforce those provisions directly against the End User on their or its own respective behalf.
a) Except where prohibited by law, you and ESALetter.net understand and agree that all claims, disputes or controversies between you and ESALetter.net, its parents, affiliates, subsidiaries or related companies (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to the site, the information and materials published by ESALetter.net on or through the site, any transaction or relationship between us resulting from your use of the site, communications between us, or the purchase, order, or use of the emotional support animal letter provided by the therapist, and your use of these letter, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by the final and binding arbitration procedures set below. The parties acknowledge and agree that any such claims shall be brought solely in the party’s individual capacity, and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. The parties further agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The parties voluntarily and knowingly waive any right they have to a jury trial. Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by the court. Judgment upon any award rendered by the arbitrator may be entered by a state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act ("faa").
The following procedures shall apply:
i) Starting the Dispute-Resolution Process. A party (You or ESALetter.net) who intends to seek arbitration must first send to the other, by certified mail, a written Dispute Notice ("Notice"). The Notice to ESALetter.net should be addressed to: General Counsel, ESALetter.net, 7850 Ivanhoe Avenue, La Jolla, CA 92037 ("Notice Address"). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). If ESALetter.net and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or ESALetter.net may commence an arbitration proceeding with the American Arbitration Association ("AAA"). If for any reason AAA is unavailable, the parties shall mutually select another arbitration forum.
ii) Costs of Arbitration. ESALetter.net will pay all AAA filing, administration, and arbitrator fees for any arbitration that ESALetter.net initiates. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules (which can be found in more detail in subparagraph "d" below). If You initiate an arbitration in accordance with the notice requirements of subparagraph "i" above and are seeking relief valued at $300 or less (both to You and ESALetter.net), ESALetter.net will pay all AAA filing, administration, and arbitrator fees. If Your claim is for greater than $300 but less than $10,000, ESALetter.net will pay all such fees in excess of $20. After ESALetter.net receives notice at the Notice Address that You have commenced such an arbitration, ESALetter.net will promptly reimburse You for any portion of the filing fee that You paid that ESALetter.net has agreed to pay.
If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse ESALetter.net for any amounts ESALetter.net has paid on Your behalf to the AAA.
iii) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.
Unless ESALetter.net and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If You bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.
Unless You and ESALetter.net agree otherwise, You and ESALetter.net must bring all directly related claims in a single arbitration proceeding. If You or ESALetter.net later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws ESALetter.net may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, ESALetter.net agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
The parties must bring any dispute or claim arising out of or related to the AAA Rules, or the relationship between them, within one (1) year after the dispute or claim arises, or the dispute or claim will be permanently barred.
To the extent the law applicable under the governing law section above makes this limitation period to bring a dispute or claim unenforceable with respect to any dispute(s) or claim(s), then the statutes of limitations of the state whose laws govern the AAA Rules in the jurisdiction where the arbitration is held shall apply.
b) Class Action Waiver; Waiver of Jury Trial.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this Agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
You understand that by agreeing to this arbitration agreement, which contains this class action waiver, you may only bring claims against ESALetter.net, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interest, successors and/or assigns in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing and not use our site, services, or membership plans.
All matters relating to the Site and these Terms of Use and any dispute or claim arising from or related to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware.
The Terms of Use and Privacy Policy constitute the sole and entire agreement between You and ESALetter.net with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
