Last updated: November 6, 2023
1. Introduction
Welcome to EmotionalSupportAnimal.com!
These Terms of Service govern your use of the website located at emotionalsupportanimal.com (“Service”) which is owned and operated by SAPS, LLC (“Company”, “we”, “our”, “us”). Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of the Service. Your agreement with us includes these Terms of Service and our Privacy Policy (together, these “Terms”). These Terms apply to all visitors, users and others who wish to access or use the Service.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.
If you do not agree with these Terms, then you may not use the Service. In such case, please let us know the reason by emailing us at support@emotionalsupportanimal.com so we can try to find a solution.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at support@emotionalsupportanimal.com.
3. Contests, Sweepstakes and Promotions
Any contest, sweepstakes or other promotion (collectively, “Promotion”) made available through Service may be governed by rules that are separate from these Terms. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
4. Content
4.1 Content found on or through the Service is the property of the Company or used with permission by the Company. You may not distribute, modify, transmit, reuse, download, repost, copy, or use any such Content, whether in whole or in part, for commercial purposes or for personal gain, without our prior express written permission.
4.2 The Service may include the ability for users to post public messages, comments, information, pictures, video, and other content (collectively “User Content”) on blogs, message boards, and online communities (collectively, “Forums”). You agree that you are responsible for all User Content that you post or transmit through the Service. You further agree that: (a) User Content posted on the Forums is public; (b) the Company cannot guarantee the security of any User Content disclosed through the Forums; and (c) you make such disclosures of User Content at your own risk. The Company is not responsible for the content or accuracy of any information posted on the Forums, and shall not be responsible for any decisions made based on such information. The Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forums and to restrict or remove any User Content for any reason at any time.
4.3 You understand that Company does not control any User Content posted by users via the Service and, as such, you may be exposed to offensive, indecent, inaccurate or otherwise objectionable content. The Company assumes no responsibility or liability for this type of User Content. If you become aware of misuse of the Service, please report this immediately to the Company. The Company assumes no responsibility for monitoring the Service for inappropriate User Content or conduct. If at any time, the Company chooses in its sole discretion to monitor the Service, the Company nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user.
4.4 By posting any User Content on the Service, you hereby grant to the Company, and our affiliated companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes, including but not limited to, promotional, marketing, or other commercial purposes. The Company‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. The Company reserves the right to limit the storage capacity of User Content that you post on the Service.
4.5 You represent and warrant that: (i) you own the User Content posted by you on the Service, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on the Service will not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you.
5. Prohibited Uses
The Service is offered for your personal use only and may not be used for commercial purposes, unless specifically authorized by the Company. You may use the Service only for lawful purposes and in accordance with Terms.
You agree not to use the Service:
5.1 In any way that violates any applicable national or international law or regulation;
5.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
5.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
5.4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
5.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; or
5.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.
Additionally, you agree not to:
5.7. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
5.8. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
5.9. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
5.10. Use any device, software, or routine that interferes with the proper working of the Service;
5.11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
5.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
5.13. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;
5.14. Take any action that may damage or falsify a Company rating; or
5.15. Otherwise attempt to interfere with the proper working of the Service.
6. Analytics
We may use third-party service providers to monitor and analyze the use of the Service.
7. No Use By Minors
The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.
8. Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of the Company.
9. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@emotionalsupportanimal.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
10. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
10.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
10.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
10.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
10.4. your address, telephone number, and email address;
10.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
10.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at support@emotionalsupportanimal.com.
11. Error Reporting and Feedback
You may provide us at support@emotionalsupportanimal.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (a) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (b) the Company may have development ideas similar to the Feedback; (c) the Feedback does not contain confidential information or proprietary information from you or any third party; and (d) the Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates a non-exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
12. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by us. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
13. Disclaimer Of Warranty
THE SERVICE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
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 SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Termination; Survival
We may terminate or suspend your account and/or bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using Service.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. Governing Law; Venue
These Terms shall be interpreted and construed in accordance with the laws of the State of Louisiana. Any and all claims, controversies, and causes of action arising out of or relating to these Terms, whether sounding in contract, tort, or statute (collectively, “Disputes”) shall be governed by the laws of the State of Louisiana, without giving effect to any conflict-of-laws or other rule that would result in the application of the laws of a different jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All Disputes will be resolved exclusively in either the state courts located in St. Tammany Parish, Louisiana, or the United States District Court for the Eastern District of Louisiana, and you and the Company agree to submit to the personal jurisdiction and venue of such courts.
17. No Waiver; Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
18. Changes To Service
We reserve the right to modify, amend or terminate the Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
19. Amendments To These Terms
We may amend these Terms at any time by providing you notice via posting the amended Terms on this website and giving you an opportunity to review them. If you disagree with the changes, please stop using the Service. The Terms as amended will become effective when the notice period ends (“Effective Date”). Your continued use of the Service after the Effective Date means that you accept and agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use Service.
20. Waiver And Severability
No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
21. Contact Us
Please send your feedback, comments, requests for technical support by email: support@emotionalsupportanimal.com.