Terms and Conditions

Legal Notice

All notices from ESAnimals.com to You may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices from You to ESAnimals.com shall be made either by e-mail, sent to the address we provide on our Website.

 

Copyright

All content appearing on this Website is the property of ESAnimals.com

 

ESAnimals.com

Copyright © 2018 ESAnimals.com. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Website so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2018 ESAnimals.com. All rights reserved.

 

Trademarks

All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by ESAnimals.com. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ESAnimals.com or any third party, except as expressly granted herein.All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by ESAnimals.com. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ESAnimals.com or any third party, except as expressly granted herein.

 

Use Of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. ESAnimals.com and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if ESAnimals.com believes that customer conduct violates applicable law or is harmful to the interests of ESAnimals.com and its subsidiaries.

 

Privacy Policy

ESAnimals.com use of personal information that you may submit to ESAnimals.com through this Website is governed by the ESAnimals.com Privacy Policy

 

Shipping & Delivery

At this time, ESAnimals.com ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier.

 

Sales Tax

ESAnimals.com charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.

 

Warranties

The Content included in this Website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Website. ESAnimals.com makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or Content, or the suitability, functionality, or operation of this Website or its Content. By using this Website, you assume the risk that the Content on this Website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. ESAnimals.com SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL ESAnimals.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

— OR Depending on State —

The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Website is provided by the advertiser or manufacturer only, and not by ESAnimals.com.

The references and descriptions of products or services within the Website materials are provided “as is” without any warranty of any kind, either express or implied. ESAnimals.com is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Website or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Website are the sole responsibility of the companies providing the information (“advertisers”), and not ESAnimals.com

The inclusion of material on this server does not imply any endorsement by ESAnimals.com, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials.

Although ESAnimals.com tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

 

Return Policy

You may purchase merchandise from this Website by using any one of the payment options listed in (link to Payment Options). ESAnimals.com reserves the right to change its payment procedures at any time without prior notice to you. Custom products such as registration ID cards and vests with embroidered names cannot be returned. Product must be returned within 30 days of the date of purchase.

 

Customer Support Hours

Operating hours are Monday – Friday 10:00 am to 6:00 pm EST.

 

Miscellaneous

VOID WHERE PROHIBITED: Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. ESAnimals.com and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Website is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of ESAnimals.com shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and ESAnimals.com with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and ESAnimals.com with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by ESAnimals.com If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

 

NO GUARANTEE OF LETTER

Payment of a fee to ESAnimals.com does not guarantee that you will qualify for a prescriptive letter for an ESA. Your Psychological Evaluation Test must be reviewed by a QMHP, and it must be determined that you meet the criteria to qualify as emotionally or psychologically disabled. Please bear in mind that some of the criteria the QMHP will be looking for are:

Depressed mood (most of day, nearly every day), loss of interest or pleasure, significant weight loss or gain, insomnia and loss of energy

Excessive anxiety or worry, difficulty controlling the worry and irritability; all symptoms must be present more days than not.

Periods of intense fear/panic, palpitations, trembling, shortness of breath, fear of losing control, fear of dying.

If you do not have any of these symptoms and that is reflected in your answers, you will not qualify for a prescriptive ESA letter. If you feel that you qualify, or if you are uncertain as to whether you qualify, you can take the Evaluation Test without penalty.A full refund of your fee will be made if it is determined that you do not qualify for a prescriptive ESA letter.

 

REFUNDS FOR FAILURE TO PROVIDE ACCOMMODATION

ESAnimals.com cannot guarantee that every airline employee or landlord will follow the requirements of the Federal rules and regulations that govern Emotional Support Animals.

In the unlikely event that you are denied an accommodation by an airline due to a claim that your ESA letter is not valid, we will refund your fee in full. We can assure you that this has never happened but we want you to feel confident that when you are planning your trip with your pet that you will have no problems at the airport.

If you are denied an accommodation please ask for a written explanation and forward that to us along with your request for a refund.

Refunds will also be provided in the event your landlord or managing agent refuses to make an accommodation for your pet because they claim your ESA letter does not meet their requirements. Simply provide us with the correspondence stating the reason for the refusal of the accommodation and a full refund of your fee will be made.

 

Legal

It should be understood that an Emotional Support Animal is not a Service Dog as defined in the Americans with Disabilities Act (ADA). Emotional Support Animals are a special category created by Federal law to provide individuals with specific emotional and psychological disorders the right to bring their pets with them in places where they might otherwise be prohibited.

 

FOR FLYING WITH AN EMOTIONAL SUPPORT ANIMAL

The applicable law for airline travel is Sec. 382 of the Airline Carrier Access Act. It provides as follows: § 382.117 Must carriers permit passengers with a disability to travel with service animals.

(a) As a carrier, you must permit a service animal to accompany a passenger with a disability

(1) You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft

(2) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger using the service animal to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight.

(b) You must permit the service animal to accompany the passenger with a disability at any seat in which the passenger sits unless the animal obstructs an aisle or other area that must remain unobstructed to facilitate an emergency evacuation.

(c) If a service animal cannot be accommodated at the seat location of the passenger with a disability who is using the animal, you must offer the passenger the opportunity to move with the animal to another seat location, if present on the aircraft, where the animal can be accommodated.

(d) As evidence that an animal is a service animal, you must accept identification cards, other written documentation, the presence of harnesses, tags, or the credible verbal assurances of a qualified individual with a disability using the animal.

(e) If a passenger seeks to travel with an animal that is used as an emotional support or psychiatric service animal, you are not required to accept the animal for transportation in the cabin unless the passenger provides you current documentation (i.e., no older than one year from the date of the passenger’s scheduled initial flight) on the letterhead of a licensed mental health professional (e.g., psychiatrist, psychologist, licensed clinical social worker, including a medical doctor specifically treating the passenger’s mental or emotional disability) stating the following:

(1) The passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders—Fourth Edition (DSM V );

(2) The passenger needs the emotional support or psychiatric service animal as an accommodation for air travel and/or for activity at the passenger’s destination;

(3) The individual providing the assessment is a licensed mental health professional, and the passenger is under his or her professional care; and

(4) The date and type of the mental health professional’s license and the state or other jurisdiction in which it was issued.

(f) You are never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders) as service animals in the cabin. With respect to all other animals, including unusual or exotic animals that are presented as service animals (e.g., miniature horses, pigs, monkeys), as a carrier you must determine whether any factors preclude their traveling in the cabin as service animals (e.g., whether the animal is too large or heavy to be accommodated in the cabin, whether the animal would pose a direct threat to the health or safety of others, whether it would cause a significant disruption of cabin service, whether it would be prohibited from entering a foreign country that is the flight’s destination). If no such factors preclude the animal from traveling in the cabin, you must permit it to do so. However, as a foreign carrier, you are not required to carry service animals other than dogs.

(g) Whenever you decide not to accept an animal as a service animal, you must explain the reason for your decision to the passenger and document it in writing. A copy of the explanation must be provided to the passenger either at the airport or within 10 calendar days of the incident.

 

ADVANCED NOTICE

§ 382.27(c) You may require a passenger with a disability to provide up to 48 hours’ advance notice and check in one hour before the check-in time for the general public to receive the following services and accommodations. The services listed in paragraphs (c)(1) through (c)(3) of this section are optional; you are not required to provide them, but you may choose to do so.

§ 382.27(g) If a passenger does not meet advance notice or check-in requirements you establish consistent with this section, you must still provide the service or accommodation if you can do so by making reasonable efforts, without delaying the flight.

 

PREBOARDING

§ 382.93 Most carriers offer preboarding to passengers with a disability. As a carrier, you must offer preboarding to passengers with a disability who self-identify at the gate as needing additional time or assistance to board, stow accessibility equipment, or be seated.

Once a passenger presents themselves at a ticket counter with a valid ESA prescriptive letter the airline must accommodate them by allowing them to board with their pet and MAY NOT CHARGE ANY ADDITIONAL FEE.

Airline personnel is trained to accept these letters and the Federal Rules set out the very limited circumstances under which they are permitted to refuse to allow your pet to fly with you in the cabin. These rules generally relate to unruly behavior on the part of the pet that presents a danger to other passengers, or an animal so large that it cannot be reasonably accommodated in the cabin. If it is determined that your pet is too large to fly with you in the cabin, the airline can offer to fly your pet in cargo and may not charge any extra fee for this service.

 

FOR A HOUSING ACCOMMODATION FOR AN EMOTIONAL SUPPORT ANIMAL

The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support animals, even when a landlord’s policy explicitly prohibits pets. Because emotional support and service animals are not “pets,” but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its “no pet” policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment.