If a User clicks “I Accept” to this Agreement, then the User is bound by all of the terms contained in this Agreement and is liable for any violations or breaches of those terms. If a User does not agree to be bound by the Agreement, then the User should not click “I Agree” and should immediately leave the website and cease interacting with any Services.
1. Client Eligibility. The Services are operated and intended only for individual Clients who are at least thirteen (13) years of age, and the Company never requests personally identifiable information from anyone under the age of thirteen (13). Client acknowledges and represents that he or she is thirteen (13) years old or older and shall not provide any personal information in violation of the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501 through 6506. If a parent or legal guardian knows that its child has provided personally identifiable information and such child is under the age of thirteen (13), the parent or legal guardian should immediately contact the Company at https://waggy.pet/home/contact. By agreeing to these Terms, Client represents and warrants (a) that Client is at least thirteen (13) years of age; (b) that if Client is a minor, Client has his/her parents’ or legal guardians’ express permission to use the Site and pay for any Services offered through the Site; and (c) that Client’s use of the Services is in compliance with any and all applicable laws and regulations.
2. Our Services. The Services we provide include a process where Clients can be tested to determine Client’s eligibility for an emotional support animal (an “ESA”) authorization letter in order to comply with the Fair Housing Act, the Air Carriers Access act, and any other federal or state law or regulation that may require ESA letter for use or ownership of an ESA. Our Services include connecting Clients third-party service providers (“Third-Party Providers”) to perform eligibility and qualification testing. Clients are able to review and submit their responses to the eligibility testing questions through online. Waggy.pet does not (a) perform the testing services, (b) make any determinations as to Client’s eligibility for an ESA letter, or (c) directly provide any ESA Letter. Rather, the Company merely acts as a medium for the testing services and the delivery of ESA Letter by the Third-Party Provider. Client hereby consents to (a) the qualification testing provided under the Services as described in this Section 1 and (b) to comply with the terms of this Agreement.
3. Client’s Authorization to Release Information. Client expressly consents to the release of Client’s personal information, including protected health information, to parties identified on an authorization form signed by Client in order to allow Client access to testing by a Third Party Provider for ESA letter qualification. Personal information, including protected health information, may be used and disclosed to the parties identified on the Authorization, including but not limited to, the Third-Party Provider.
4. Client’s Acknowledgment of Non-Therapy or Medical Advice. WAGGY.PET DOES NOT PROVIDE ANY FORM OR MANNER OF MEDICAL OR THERAPY SERVICES, TREATMENT, OR DIAGNOSIS. By using our services, Client agrees that Client will not use the Services in place of therapy, medical, or other healthcare related services. The Client is not entering into or otherwise establishing a doctor-patient or psychotherapist-client relationship, and therefore communications between Client and Company are not subject to privileges associated with those types of relationships.
5. Login to Third-Party Application; Restrictions; Account Information .
- Login Credentials. Client acknowledges that the Third-Party Provider will provide or allow Client to utilize login credentials, including a Client-selected username and associated password. Client agrees that the login credentials may only be used by Client and may not be shared with any other individual. Client agrees to immediately notify the Company of any unauthorized access or misuse of the login credentials of which Client becomes aware. Client will be responsible for all actions, including any misuse, of the Services under Client’s login credentials.
- Restrictions. Client will not “frame,” distribute, resell, or permit access to the Third-Party Application by any third party other than for its intended purposes; use the Services other than in compliance with applicable laws; interfere with the Third-Party Application, disrupt any other Client’s access to the Third-Party Application, or provide anyone access to the Third-Party Application that is not authorized; attempt to gain unauthorized access to the Third-Party Application, reverse engineer, or attempt to discover the underlying structure or source code of the Third-Party Application; submit to the Third-Party Application any malware or any unauthorized feature that is designed to alter any software, program, data, device, system or service, or provide unauthorized access to the Third-Party Application; submit to the Third-Party Application any content that is harassing, defamatory, threatening, libelous, infringing, , obscene, scandalous, inflammatory, pornographic, profane, or that is in violation of any laws and regulations; or use any spider, robot, extraction or data scraping tool, or similar tools or mechanisms with respect to the Services.
- Client Accounts. As part of the Client Information, Clients will be required to provide other personal information to the Company in connection with paying for the Services, including but not limited to, names, credit card information, and other profile information (“Account Information”). For purposes of this Agreement, Account Information does not include aggregate or de-identified information compiled from Account Information that does not identify Client.
6. Fees and Payment for Services.
Client is obligated to pay the fees for any Services specified at the time of purchase, in consideration for the Services. The fees may be amended from time to time by publishing the revised fees on the Site. All fees are nonrefundable within 14 calendar days after the rendering of the Service. However the Company will provide a refund for any testing fees where the Client does not qualify for an ESA Letter (note: If Client receives an ESA Letter the first year but not the second year, the Company shall only refund the fees paid for the second year. Client authorizes the Company to charge Client’s credit card for payment of fees and applicable taxes.
Guaranteed Acceptance Terms: For additional payment and upon providing the information required by the Company, the Company will agree to refund the User’s purchase in the event that a ESA letter issued by the Company is not accepted by a third party. To receive the refund, the User must have made the additional payment at the time that the User purchases the ESA letter, and, in the event that the ESA is denied, provide the Company with information about the ESA rejection, including: (a) Name of Company that rejected ESA letter (if applicable), (b) Name of ESA rejecter, (c) Address of ESA rejecter, (d) Telephone Number of ESA rejecter, and (e) a copy of the letter or email denying the ESA letter.
7. License and Processing of Data.
- Client-Granted License. Client hereby grants to the Company a non-exclusive, perpetual, royalty-free, worldwide license to use the Client Information for the limited purpose of granting to the Third-Party Provider a sublicense to access and use the Client Information.
- Treatment of Client Information at Termination. Upon termination of this Agreement, the Company may continue to use Account Information and the Third-Party Provider may continue to use Client Information, and neither party has the obligation to delete any such information.
- Ownership of Data. Subject to the license granted in Section 1, Client retains all right, title, and interest in and to all Account Information and Client Information. Client represents and warrants that it has all rights, permissions, and consents necessary: (a) to submit all Account Information to the Company and all Client Information to the Third-Party Application; and (b) to grant the Company the limited rights to process Account Information and to grant to the Third-Party Provider a sublicense to use the Client Information as set forth in this Agreement.
8. Term and Termination.
- Term of Agreement. The term (“Term”) for each Client will commence on the date Client submits a payment for the Services and, subject to the termination rights under Section 2, shall continue for so long as any ESA Letter provided in connection with the Services is still valid under federal or state law, as applicable.
- Termination – For Cause. Company may terminate this Agreement immediately if Client breaches any material provision of this Agreement and fails to cure that breach within thirty (30) days of written notice from the Company. In addition, the Company may suspend Client’s access to the Services immediately if: (1) Client has (or the Company reasonably suspects that Client has) breached Sections 1 or 5.2 or misappropriated or infringed the Company’s intellectual property or proprietary rights; or (2) Client has made any false statements or misrepresentations to the Company.
- Termination – Effect on Agreement. Upon termination or expiration of this Agreement for any reason: (1) all rights and obligations of the parties hereunder will cease (except as set forth in Section 8.4 below); (2) Client’s login credentials will be revoked; and (3) Client will not have access to the Third-Party Platform.
- Provisions Intended to Survive Termination. Sections and provisions of this Agreement that are intended, explicitly or otherwise, to survive termination of this Agreement shall survive any such termination.
9. Proprietary Rights. The Company retains all right, title, and interest in and to the Services and the technology and software related to the Third-Party Application, and all intellectual property and proprietary rights therein, and all electronic and print documentation and other content and data (excluding Client Information and Account Information) made available through the Services. Except for the licenses as set forth in this Agreement, this Agreement does not convey any of the Company’s intellectual property or proprietary rights to anyone, including Client, or to any third party.
10. Confidentiality of the Services.
- Confidential Information. “Confidential Information” means all non-public business, legal, financial, or technical information disclosed to or learned by Client in connection with the business relationship between Client and Company regardless of whether the Company has identified such information as confidential at the time of disclosure, including but not limited to, the Third-Party Application and the questions provided through the Third-Party Application. Confidential Information does not include: (1) information that was generally known to the public at the time of disclosure to Client; (2) information that becomes generally known to the public (other than through a breach of this Agreement) after disclosure to User; (3) information already in User's possession free of any obligation of confidentiality prior to disclosure; (4) information that is rightfully received by Client from a third party without any restriction on such disclosure; or (5) information that was independently developed by Client without reference to or use of any Confidential Information. All Confidential Information is provided on an "AS IS" basis. The company makes no warranties, whether expressed or implied, concerning the completeness or accuracy of any confidential information.
- Use and Disclosure of Confidential Information. Client: (a) will not use Confidential Information for any purpose except in connection with this Agreement; (b) will not disclose, give access to, or distribute any of the Confidential Information to any third party; and (c) will take reasonable security precautions (which will be at least as protective as the precautions Client takes to preserve its own confidential information of a similar nature) to keep the Confidential Information confidential. Client will promptly notify the Company upon discovery of any unauthorized disclosure or use of the Confidential Information, or any other breach of this Section 10, by Client.
- As between the Client and Company, the Company retains all rights, title, and interest in and to the Confidential Information, including all intellectual property and proprietary rights therein. The disclosure of the Confidential Information to Client does not grant or convey any right of ownership of such Confidential Information.
- Client may disclose the Confidential Information to the extent required by law or similar legal process In such cases, however, Client will (except to the extent prohibited by law or legal process from doing so): (a) give the Company prior notice of such disclosure so Company has a reasonable opportunity to appear, object, and obtain a protective order or other appropriate relief regarding such disclosure; (b) use diligent efforts to limit disclosure to that which is strictly legally necessary; and (c) reasonably cooperate with the Company, at the Company’s expense, in the Company’s efforts to ensure that the Confidential Information will be subject to a protective order or other legal means of protection.
- Injunctive Relief. Client acknowledges that any actual or threatened violation or breach may cause irreparable non-monetary injury to the Company. Client acknowledges that the extent of such non-monetary injury may be difficult to ascertain. As such, the Company is entitled to seek injunctive relief in addition to all remedies available to the Company at law and/or in equity, as well as under this Agreement
12. Disclaimers, Representations, and Warranties.
- Requirement of Mental Health Diagnosis. Client hereby represents and warrants that Client has formally received a qualifying mental health diagnosis by a qualified and licensed mental health professional. Otherwise, Client acknowledges and understands that Client may be precluded from using the Services without such a qualifying mental health diagnosis.
- Authority. Client warrants that Client has the necessary authority to enter into this Agreement with Company.
- Limited to Personal Use. Client’s use of the Services are limited to personal purposes. Client shall not use the Services for any commercial or otherwise non personal purpose.
- Services Disclaimer. Client understands that the Services, including the Third-Party Application, may experience moments and periods of downtime, including but not limited to in connection with scheduled maintenance events. EXCEPT AS SET FORTH IN THIS AGREEMENT, AND AS PROVIDED IN THE COMPANY’S GUARANTEED ACCEPTANCE PROGRAM SET FORTH IN SECTION 6 OF THESE TERMS, THE COMPANY DOES NOT GUARANTY AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE ESA LETTER WILL BE ACCEPTED BY A THIRD PARTY AND THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, AND ANY MATERIALS OR INFORMATION RELATED TO THE SERVICES OR MADE AVAILABLE THEREFROM, WHETHER EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY GUARANTY OR WARRANTY THAT THE USER WILL QUALIFY FOR AN ESA LETTER OR OTHERWISE OBTAIN AN ESA LETTER. THE COMPANY FURTHER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND ACCURACY, TO THE FULLEST EXTENT ALLOWED BY LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT DOWNTIME OR INTERRUPTIONS AT ALL TIMES.
- By clicking on the “I Accept” button, this Agreement will be valid, binding, and enforceable with respect to Client in accordance with these terms. The performance of Client’s obligations under this Agreement will not constitute a default, or an event which with the passage of time, the giving of notice, or both, would constitute a default, under any other agreement by which Client is bound. Client is not and shall not be under any restriction or prohibition related to use of the Services, including the Site, and the performance of its obligations under this Agreement.
13. Liability Provisions.
- Exclusions and Caps of Certain Damages. THE COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATUREARISING UNDER THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN GIVEN ADVANCE NOTICE OF SUCH CLAIMS. THE COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT TO THE COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE AND ARE LIMITED TO THE AMOUNT PAID BY CLIENT FOR THE SERVICES SPECIFICALLY.
- General. Client expressly agrees that each provision of this Agreement that includes a limitation of liability, a disclaimer of warranties, or exclusions of damages represents an expressly agreed upon allocation of the risks of this Agreement between the Client and Company. The fees for the Services reflect this allocation of risk and liability. Client agrees that these provisions apply notwithstanding whether the remedies are insufficient to cover all of the alleged losses or damages of Client.
- Indemnification Agreement. Client will defend the Company, and its respective directors, agents, and employeesagainst and from any lawsuits, demands, claims, investigations, or proceedings brought by a third party arising out of Client’s use of the Services in violation of this Agreement or applicable law. Client will indemnify the Indemnified Parties for any damages, reasonable attorney’s fees, and costs resulting from a claim that Client is obligated to defend, and Client will indemnify and agree to pay any final award or judgment obtained against the Company or agreed to be paid by the Company in a written settlement approved by Client in writing. The Client’s obligations under this Section 14 are contingent on the Indemnified Party: (i) promptly providing written notice of the claim to the Client; (ii) giving the Client sole control of the defense and settlement of the claim (provided that any settlement unconditionally releases the Indemnified Party of all liability and does not make any admissions on behalf of the Indemnified Party or include payment of any amounts by the Indemnified Party); and (iii) providing the Client, at the Client’s expense, all reasonable assistance in connection with such claim. The Indemnified Party participation in the defense of the claim is at its sole cost and expense.
14. Electronic Notice. Client agrees that all communications, notices, and agreements between Client and Company will be conducted electronically, including by e-mail or by posting them on the Site. Client agrees such electronic communications will satisfy any requirement by law for communications be in writing. Notices sent via email will be deemed delivered onebusiness day after being sent. To contact the Company, notices shall be submitted to https://waggy.pet/home/contact.
15. Limitations on Assignment. This Agreement benefits and binds the parties and their successors and permitted assigns Neither party may assign this Agreement to a third party without the advance written consent of the other party, except that Company may assign this Agreement in connection with a merger or similar transaction, or in connection with an acquisition of substantially all of its assets, equity, or business, without any requirement to obtain permission..
16. Miscellaneous. Except as otherwise provided in this Agreement, waiver of any breach of any provision of this Agreement will be effective only if in writing, and no such waiver will operate or be construed as a waiver of any subsequent breach. If any provision of this Agreement is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not permitted by law), and the rest of this Agreement is to remain in effect as written. Notwithstanding the foregoing, if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this Agreement, the entire Agreement will be deemed null and void. This Agreement is governed by Utah law, without regard to its conflicts of law rules or the conflicts of laws rules of any other state User and Company hereby consent to exclusive jurisdiction and venue in the state and federal courts located in Utah for any dispute of any nature arising out of this Agreement. If either Company or Client brings an action against the other party to enforce any provision of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs. Neither Client nor Company is liable for delay or default under this Agreement if caused by conditions beyond its reasonable control.
17. Entire Agreement. This Agreement constitutes the entire agreement between the Company and Client with respect to the Services and expressly supersedes all prior and contemporaneous agreements, understandings, inducements, and conditions of any nature with respect to the Services.
18. Updates to this agreement. Waggy.pet reserves the right to modify, update, or otherwise change this agreement at any time, in its discretion. Revisions are generally effective fifteen (15) days after posting. A client’s use of the Services after the effective date of a revision constitutes Client’s agreement to the modified Agreement. If Client does not so agree, Client may terminate this Agreement by providing written notice to the Company. Client and Company hereby agree to execute this transaction electronically in accordance with the Electronic Signatures in Global and National Commerce Act, 15 and any similar laws providing for electronic signature. The effective date of this Agreement is the date Client clicks on the “I Accept” button.