ESAcert provides services (defined below) subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing and using this website or our services, you accept and agree to be bound by these terms. In addition, if you choose to use any materials with references to ESAcert.com (regardless of their source, i.e., either made by you or purchased from a third party), use any of the materials we sell or provide on our website (including, but not limited to, identification cards, certificates, patches, animal tags, etc.), or refer to ESAcert.com in any way online or offline, these terms and conditions apply.
ESAcert.com TERMS AND CONDITIONS
Our purpose is to create a digital platform through which individuals can register and easily verify Service Animals and Emotional Support Animals in an accessible, secure public database, and purchase valuable products to identify such animals to the public, making the utilization of these animals easier and more convenient for their handlers. We provide the option for easy animal status verification in our registry by allowing clients to attach a valid doctor’s letter.
ESAcert does not direct or control in any way the manner in which the doctor or mental health professional conducts the evaluation or the outcome of that evaluation. The manner, scope, and outcome of the evaluation are determined solely by the doctor or mental health professional.
Our services provide no protection above or beyond what the law offers. We are a tool that provides animals online profile services. All data used is based solely on the assertions of the provider or Registrant themselves.
SERVICE DOG AGREEMENT
The Service Dog Agreement is a binding agreement between the registrant and ESAcert, acknowledging the voluntary registration of their Service Dog into the ESAcert.com registry. By completing this form, the registrant agrees to obtain identification materials to help others identify their Service Dogs. The registrant also certifies that their Service Dog has been trained to assist them with their disability and that they are not registering for fraudulent misrepresentation of a Service Animal. The registrant understands that their dog must meet legal requirements for their registration and identification materials to be valid and to receive privileges, including access to housing and public places with a Service Animal.
The registrant also acknowledges that federal and local laws regarding Service Dogs are subject to change and agrees to abide by all current regulations. In case of any access or privilege issues arising, the registrant holds ESAcert and its agents and partners harmless and understands that ESAcert cannot provide any guarantees that landlords or other third parties will be compliant and non-discriminatory with access and privileges protected by laws regarding service animals.
EMOTIONAL SUPPORT ANIMAL AGREEMENT
The Emotional Support Animal (ESA) Agreement is a binding agreement between the registrant and ESAcert, acknowledging the voluntary registration of their Emotional Support Animal with the ESAcert.com registry. By completing this form, the registrant agrees to obtain identification materials to help others identify their Emotional Support Animal. Furthermore, the registrant certifies that they must possess a signed letter from a licensed Mental Health Professional or Physician to have an Emotional Support Animal, which must be renewed annually. The registrant is not registering for fraudulent misrepresentation of an Emotional Support Animal and understands that their animal must meet the legal requirements for registration and identification materials to be valid and to receive privileges, including access to housing.
Additionally, the registrant understands that federal and local laws regarding Emotional Support Animals are subject to change, and they agree to continue abiding by all current regulations. Should any access or privilege issues arise, the registrant holds ESAcert and its agents harmless and understands that ESAcert cannot provide any guarantees that landlords or other third parties will be compliant and non-discriminatory with access and privileges protected by laws regarding Emotional Support Animals.
User’s Responsibility and Rules of Conduct
Registration is conducted under the honor system, and any individual found to be in violation of these rules will be expelled from the registry. By registering your animal under a subscription plan, purchasing any document, accessory, or specific product bundle, you agree to the following:
- Where it is necessary that the handler of an animal registered through our platform must have a disability that necessitates the need for a Service Animal, we do not investigate the nature of the disability or require the user to disclose this disability.
- The owner of the animal is responsible for any damages, whether moral or physical, that their animal may cause to any third party, regardless of the status under which the animal is registered.
- We are not responsible for the training of service dogs; training your animal to perform specific service duties as determined by your doctor is entirely the client’s responsibility. We do not investigate the training or abilities of any animal that is registered through our platform and do not provide any warranties concerning the abilities or training of such animals.
- You understand and agree that ESAcert.com services are provided “AS-IS,” and we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to ESAcert services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including any fees associated with the display of our services.
- In consideration of your use of ESAcert.com services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving ESAcert services under the laws of the United States or other applicable jurisdictions. This means that all registrants must fully comply with current laws, ensuring that you or the Registrant are the legal and rightful owner of a Service Animal and/or Emotional Support Animal as defined by any applicable law. It is the responsibility of the registrants and users to understand and obey the law.
- You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted by ESAcert.com’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if ESAcert.com has reason to believe such information is untrue, inaccurate, not current, or incomplete, ESAcert.com reserves the right to suspend or terminate your account and refuse any and all current or future use of our services (or any portion thereof).
We reserve the right to refuse any customer’s order in situations including, but not limited to, cases where we suspect fraudulent activity, violation of our terms and conditions, or any other circumstances deemed necessary for order refusal.
As a User of ESAcert Registration Services, You Agree Not to Engage in the Following Activities:
- Misrepresent any animal as a Service Animal, Assistance Animal, or Emotional Support Animal for any reason, whether personal, public, or private, online or offline. Misrepresenting an animal as a Service Animal, Assistance Animal, may be punishable by incarceration and fines, including, but not limited to, other local or federal laws.
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, the United States Department of Justice Americans with Disabilities Act (ADA).
- Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Harm any individual, company, entity, or animal in any way.
- Impersonate any person or entity, including, but not limited to, an ESAcert official, employee, or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through ESAcert services.
- Upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party.
- Upload, post, email, transmit, or otherwise make available 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.
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Department of Justice, or any other entities or agencies having the force of law.