Terms of Use

Terms of Use

Last Updated: June 16, 2024

SECTION 1 – OVERVIEW AND ACCEPTANCE OF TERMS AND CONDITIONS

Welcome to FurryESA.com operated by FurryESA LLC (referred to as “we,” “us,” and “our”). This Website includes any mobile applications or platforms associated with it along with any information stored or products and services offered (collectively the “Website”).

FurryESA is not a medical clinic or healthcare provider and does not engage in the practice of medicine or any healthcare profession. We connect clients with licensed healthcare professionals (“LHCPs”) who, if deemed appropriate and necessary by their independent judgment, may provide a recommendation letter for an emotional support animal or a letter assessing whether the client meets the definition of “disability” under the ADA, ACAA, and/or FHA. Each client is individually evaluated by the mental health professional. FurryESA does not guarantee the issuance of an emotional support animal letter or psychiatric service dog (PSD) letter for every client.

All content on the Website or provided through FurryESA’s services and products is not intended to and must not be considered as the practice of medicine, psychology, or any other professional healthcare. The information on the Website is not a substitute for professional medical, psychological, or psychiatric diagnosis, advice, treatment, or any other professional healthcare.

If you are in crisis, contact a crisis helpline such as the National Suicide Hotline at 800-273-TALK (800-273-8255). FurryESA does not offer a 24-hour hotline for medical emergencies or handle crisis situations.

For any medical or psychological issues, consult your doctor, therapist, or appropriate healthcare provider. In case of a medical emergency, call 911 immediately. Do not disregard or delay seeking professional medical advice based on information from the Website or because of an emotional support animal letter or PSD letter. Always consult a licensed healthcare provider before starting, stopping, or changing any treatment, medication, supplement, routine, or procedure. The Website does not recommend or endorse any specific tests, products, services, procedures, healthcare providers, or opinions. We are not liable for any losses or damages resulting from your reliance on information on the Website or your use of our products or services.

IMPORTANT NOTICES:

FurryESA makes no claims, guarantees, or warranties regarding any rights or obligations under federal or state disability laws. We do not certify that any individual has a disability or is entitled to accommodations under relevant laws. We cannot ensure that any entity will accept a position you take based on our services or products. Even with an emotional support animal letter, it does not guarantee qualification as “disabled” under federal or state law or entitle you to any specific accommodations.

A service dog, including a psychiatric service dog, performs tasks related to a person’s disability. Documents like PSD letters, certifications, licenses, and registrations do not convey rights under the ADA, ACAA, FHA, or other laws. The Department of Justice does not recognize these documents as proof of a service dog. The PSD letter service from FurryESA helps clients evaluate their eligibility for a service dog under the ADA, FHA, or ACAA with the assistance of an LHCP. This letter does not confirm, verify, or certify that you own or will own a service dog for any legal purpose. Determining whether your animal is a true service dog that meets the requirements of relevant laws is your responsibility. Fraudulent representation of a pet as an assistance animal is a punishable crime.

FurryESA does not recommend or designate any specific animal as an emotional support animal or service animal and assumes no liability for the actions of any animal or their handler/owner.

Please read the “Disclaimers” section for more important details.

By using the Website and purchasing products or services, you agree to be bound by these Terms of Service, including the Privacy Policy and any additional terms, conditions, and policies referenced herein or available by hyperlink. You represent that you are at least eighteen (18) years of age and possess the legal right and ability to enter into agreements, including these Terms of Service. FurryESA may refuse to provide products or services at its sole discretion due to noncompliance with eligibility requirements or any other reason.

Please review these Terms of Service carefully before using our Website. By accessing or using any part of the Website or our products or services, you agree to these Terms of Service. If you do not agree, you may not use the Website or its products or services.

SECTION 2 – CANCELLATION AND REFUND POLICY

General Policy
FurryESA LLC strives to provide high-quality emotional support animal (ESA) and psychiatric service dog (PSD) services. We maintain a strict cancellation and refund policy to ensure efficient allocation of our licensed healthcare professionals' (LHCPs) time and resources.

No Show Fee

If you fail to attend a scheduled session without providing at least 24 hours’ notice of rescheduling, a $40 administrative fee will be charged to your account. This fee is intended to cover administrative costs and compensate the therapist for their reserved time.

Rescheduling a Session:

Cancellation Fees
A $40 non-refundable administration fee applies to all orders.
If you request a cancellation before your consultation with an LHCP, only the $40 administration fee will be charged.
Once your consultation with an LHCP has begun, your order becomes non-refundable except under specific circumstances outlined below.

Refund Eligibility
Refunds may be issued in the following cases:
a) You do not qualify for an ESA or PSD letter after consultation with the LHCP.
b) Your landlord does not accept your ESA letter after you have filed a complaint with the U.S. Department of Housing and Urban Development (HUD).
In these cases, we will refund the full amount of your purchase, excluding the $40 administration fee.

Additional Services and Amendments
No refunds will be issued for extra document services or ESA/PSD letter amendments unless the additional documents are not accepted by the relevant authority and a claim has been filed with the appropriate department.

Accommodation by Landlords and Airlines
Landlords and airlines have the final say in accepting your ESA or PSD letter.
Not all airlines are required to accept emotional support animals under U.S. law.
If your landlord or airline rejects your ESA/PSD request in violation of your rights or their policy, you must file a claim with the appropriate department and provide the claim number before we can process a refund (excluding the $40 administration fee).
No refund will be issued if your landlord or airline denies your ESA/PSD letter for valid reasons under the Fair Housing Act or their policy (e.g., if your animal poses a threat to others or has caused damage).

Changes in Laws and Regulations
No refunds will be issued due to changes in laws or regulations affecting your ESA's accommodation or your rights as an ESA/PSD owner.
Refunds will not be issued if an airline stops accommodating ESAs.

Money-Back Guarantee
Our money-back guarantee applies if your LHCP determines after an assessment that you do not qualify for an ESA or PSD letter. In this case, we will refund your purchase excluding the $40 administration fee.

PSD Letters
PSD letters require self-certification to third parties that your animal is a fully trained service dog meeting legal standards under the ADA, FHA, ACAA, or other assistance animal laws.

California Residents:
Effective January 1, 2022, California law AB 468 requires those seeking an ESA letter for dogs to establish a client-provider relationship for at least 30 days, resulting in two consultations before qualifying.
The 100% money-back guarantee still applies if you do not qualify for a letter or if your landlord does not accept it after filing a complaint with HUD.

Contact Information
If you have any questions about your order or this policy, please contact our customer support team before placing your order.
By placing an order with FurryESA LLC, you agree to the terms outlined in this Cancellation and Refund Policy.

SECTION 3 – DISCLAIMERS

The FurryESA website is educational and informational in nature and is provided solely as general information. It is not intended to serve as medical or psychological advice, diagnosis, or treatment. The “Website” encompasses all content displayed, linked to, or available through the Website, including but not limited to text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software, code, and user-submitted information. We are not liable for the accuracy, completeness, or currency of the information provided on the Website. The material on this Website is for general informational purposes only and should not be relied upon for making decisions without consulting more accurate, complete, or timely sources of information. Your reliance on any material from this Website and products or services from this Website is at your own risk. Historical information on this site is provided for reference only. We reserve the right to modify the Website's content at any time without obligation to update any information. You agree to monitor changes to our site.

The Website does not create nor constitute any professional relationship (including doctor-patient relationships) between FurryESA or its affiliates and you. Communications through the Website do not establish client-professional relationships and are not subject to associated privileges or confidentiality protections. The Website is not intended for soliciting clients or patients and should not be relied upon for medical, psychological, or other professional advice. Even if information provided cites clinical trials or medical literature, it is for information and education only, not clinical service. Do not use Website content for diagnosing or treating health issues. The Website content is not comprehensive and does not cover all potential information on the relevant subject matter, but is one educational resource.

We do not certify or credential any licensed healthcare professional (LHCP) we work with and are not responsible for LHCP certification. We make no representations or warranties about LHCPs and do not supervise their clinical practices. Assigning an LHCP to you does not imply recommendation or endorsement. We do not guarantee the credentials or services of any LHCP, nor are we liable for their negligent credentialing or supervision. Opinions and advice from any person are their own and do not reflect our views. Verify the certification and licensing of any healthcare practitioner involved in your care independently. Your relationship with your LHCP is solely between you and the LHCP. We do not interfere with or validate LHCP services and do not guarantee the accuracy of their background claims.

Client testimonials and endorsements are for informational purposes only and do not imply guaranteed outcomes. Individual results may vary, and we do not predict outcomes based on testimonials.

We are not lawyers and do not provide legal advice. Website content referencing legal aspects of assistance animals or telehealth is not guaranteed for accuracy. Legal rules are subject to change and interpretation. Consult a licensed professional for legal advice.

SECTION 4 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You agree not to use the Website or any FurryESA products or services unlawfully or in ways that contravene our policies and these Terms of Service, including but not limited to:

FurryESA reserves the right to take appropriate legal actions in response to violations of these Terms of Service, including suspending or terminating your access to products or services. We are not liable for any termination of your rights, including termination of services or deletion of submitted content.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without express written permission from us.

SECTION 5 – MODIFICATIONS TO SERVICES AND PRICES

Prices for our products and services may change without notice. We reserve the right to modify or discontinue any products or services (or any part thereof) at any time without prior notice. We are not liable to you or any third-party for any modifications, price changes, suspensions, or discontinuations of any products or services. All product or service descriptions are subject to change without notice at our discretion. Any product or service offer on the Website is void where prohibited.

We reserve the right to limit our products and services to any person, geographic region, or jurisdiction on a case-by-case basis. We do not guarantee that the quality of any products, services, information, or other material purchased will meet your expectations or that any errors in the products or services will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all transactions made on the Website. You agree to promptly update your account and other information, including email addresses and credit card details, to enable us to complete transactions and contact you as necessary. We are not responsible for emails, documents, or packages sent to incorrect addresses. If deliveries are returned to us, it is your responsibility to arrange for reshipment, and additional costs may apply. We may destroy returned shipments and will not be liable for reshipment costs.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without endorsement. We are not liable for any issues arising from or related to your use of optional third-party tools. Any use of optional tools offered through the site is at your own risk and discretion. Ensure you understand and approve of the terms on which these tools are provided by the relevant third-party provider(s).

We may also offer new products, services, and/or features through the Website in the future. Such new features and/or services will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available on the Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites and do not warrant or assume liability for any third-party materials, websites, products, or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Review third-party policies and practices carefully before engaging in any transaction. Direct complaints, claims, concerns, or questions regarding third-party products to the third-party.

We may receive compensation on some clicks or purchases made through our Website. This means we may receive compensation from a third party if you click on certain ads or links on our Website, emails, or newsletters, or purchase a product or service after clicking a link.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

"User Content" refers to all information and content submitted to us or used on the Website (e.g., photos, audio, video, messages, text files), excluding Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with your User Content, including its accuracy, completeness, and usefulness to others, or any disclosure that makes you or others identifiable. You may not imply that your User Content is endorsed by us. You are solely responsible for backing up your data and any associated liability. We are not liable for inaccuracies or defects in User Content.

By submitting User Content, you grant us an irrevocable, nonexclusive, royalty-free, worldwide license to use, reproduce, distribute, publicly display, perform, prepare derivative works, incorporate into other works, and otherwise use your User Content for any lawful purpose. You agree to waive any claims and assertions of moral rights or attribution regarding your User Content.

We are not responsible for User Content and make no guarantees about its accuracy, currency, suitability, or quality. Your interactions with other users of the Website are solely between you and such users. We are not responsible for any loss or damage resulting from such interactions. We may remove or modify any User Content at our discretion without notice or liability.

We may use User Content provided through emails, Q&A, blogs, forums, polls, or other user-generated submissions, including your name and stories in articles, publications, advertising, social media, or sponsored content. If you provide personal anecdotes, they may be attributed to you. We may edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information, with or without attribution.

You agree not to upload, post, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, or invasive of another's privacy; promotes illegal activity; is false, misleading, or fraudulent; violates the rights of others; contains the image, name, or likeness of anyone without permission; solicits personal information; requests money, goods, or services for private gain; contains software viruses; or is commercial in nature.

You represent and warrant that you own or control all rights to your User Content, it is accurate and complies with the Terms of Service, and you are at least eighteen years old.

Feedback
Any Feedback you provide will be treated as non-confidential and non-proprietary. Your submission of Feedback constitutes an assignment to us of all worldwide rights, titles, and interests in the Feedback, including intellectual property rights. We may use, copy, disclose, display, distribute, improve, and modify any Feedback without restriction and without crediting or compensating you.

SECTION 10 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information on the Website that contains typographical errors, inaccuracies, or omissions related to service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on our Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on our Website, including without limitation pricing information, except as required by law. No specified update or refresh date applied to the Website should be taken to indicate that all information on the Website has been modified or updated.

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of any of our products or services will be uninterrupted, timely, secure, or error-free. We do not warrant that any particular result may be obtained from the use of any of our products or services.

You expressly agree that your use of or inability to use any products or services is at your sole risk. The products or services made available on the Website are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall FurryESA and our principals, owners, directors, officers, employees, affiliates, agents, representatives, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising from: (a) your use of any of any services and/or products procured from us or your LHCP or for any other claim related in any way to your use of the Website; (b) your use of an ESA letter or PSD letter; (c) any advice given to you by your LHCP; (d) any dispute you may have with a third party relating to your ESA letter, PSD letter, or animal (including housing providers and airlines); or (e) the actions of your animal, ESA, or service dog. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Our sole liability for any reason to you and your sole and exclusive remedy for any cause or claim whatsoever shall be limited to the amount paid by you for any product or service purchased from us through the Website; provided that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a lawsuit or class action suit for any losses or damages resulting from your use of the Website or any products or services offered through the Website.

SECTION 12 – INDEMNIFICATION

You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website or relating to any activity, information, product, or service provided by us or any of our agents, employees, or contractors. You assume personal responsibility for any injury or harm of any kind (including but not limited to psychological or emotional injuries), illness, damage, loss, claim, liability, or expense of any kind or nature that your person or property may suffer arising out of or in connection with the Website or any service or product offered through the Website.

By accessing the Website or purchasing or using any of our products and/or services, you agree to fully release, indemnify, and hold harmless FurryESA and our principals, owners, directors, officers, employees, affiliates, agents, representatives, contractors, and interns from any claims, costs (including without limitation attorneys’ fees), expenses, or liabilities whatsoever and for any damage or injury, personal, financial, emotional, psychological, or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the Website; (b) your violation of these Terms of Service or of applicable laws or regulations; (c) any content you uploaded to the Website; (d) your use of an ESA letter or PSD letter; (e) the actions of your animal, ESA, or service dog; (f) your interaction with any LHCP; (g) any dispute you may have with a third party relating to your ESA letter, PSD letter, or animal (including housing providers and airlines); or (h) your use of any products or services offered through the Website. FurryESA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FurryESA. FurryESA will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. We may terminate these Terms of Service and your access to any products or services offered through the Website at any time for any reason in our sole discretion without notice, and you will remain liable for all amounts due up to and including the date of termination. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use any of our products or services; provided however that you will remain responsible for all amounts due up to and including the date of termination.

Notwithstanding any provision in these Terms of Service to the contrary, the following provisions shall survive termination or expiration of these Terms of Service: General Conditions; Disclaimer of Warranties; Limitation of Liability; Indemnification; Other Terms.

SECTION 14 – OTHER TERMS

Entire Agreement: These Terms of Service constitute the sole agreement between you and FurryESA relating to your use of the Website and products and services offered through the Website, and no representations, statements, or inducements, oral or written, not contained in these Terms of Service shall bind either you or FurryESA.

Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

No Assignment: You may not assign, transfer, or delegate your rights or obligations under these Terms of Service, in whole or in part, without our prior written consent. We may freely transfer, assign, or delegate all or any part of these Terms of Service and any rights and duties hereunder or thereunder. These Terms of Service shall be binding upon and inure to the benefit of each of the parties, their heirs, successors, and permitted assignees of the parties.

No Waiver: Failure to exercise or delay in exercising any right hereunder or failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be considered a waiver thereof, which can only be made by signed writing. No waiver by FurryESA of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Jurisdiction: These Terms of Service are governed by and construed in accordance with the laws of the State of Wyoming and controlling United States Federal Law, without regard to any conflicts of law provisions.

Arbitration: Subject to the provisions of these Terms of Service, all disputes, controversies, or claims arising out of or relating to these Terms of Service will be resolved through mandatory binding arbitration that will be conducted in Wyoming as provided below. This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the AAA.

In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to FurryESA at support@furryesa.com. Any dispute must be initiated with an AAA arbitrator in Wyoming within one year of occurrence or to the maximum extent permitted by law.

Any dispute that arises may only be resolved through an individual arbitration and shall not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding and may not consolidate one person's claims with another.

SECTION 15 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or use of any products or services offered on the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 16 – PAYMENT PROCESSING AGREEMENT

Payment processing services for clients on FurryESA.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a client on FurryESA.com, you agree to be bound by the Stripe Services Agreement as it may be modified by Stripe from time to time. As a condition of FurryESA.com enabling payment processing services through Stripe, you agree to provide FurryESA.com accurate and complete information about you and your business, and you authorize FurryESA.com to share it and transaction information related to your use of the payment processing services provided by Stripe.

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@furryesa.com.