Terms & Conditions

Please read these terms and conditions ("Terms and Conditions") carefully before using Americanservicepets.com ("Website"). This Website is operated by American Service Pets* ("Company"). Throughout this Website, the terms "we", "us" and "our" shall refer to the Company and any person who accesses the Website or uses any of its services shall be referred to as "you" or "user."

These Terms and Conditions, and any rights or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

This Website does not provide any services by physicians’ or health services’ providers. All of the providers are independent of the Company and use the Website as a better means to communicate with you. You interactions with the providers via the Website or the Services (as defined herein) should not be a substitute for the advice of a personal physician or other qualified health care professional. Seek out the advice of a physician or other qualified health care professional regarding medical symptoms or a medical condition you may be experiencing. Do not disregard professional healthcare advice because of something you have read on this Website.

If you or someone else has an emergency, immediately call 911 or go to the nearest hospital.

Acceptance of this Agreement

By accessing or using the Website or its Services, you agree to be bound by these Terms and Conditions and our privacy practices found in our Privacy Policy, which is incorporated into these Terms and Conditions by reference. If you do not agree to these Terms and Conditions, then you should not use the Website or our Services.

Any new features or additional services which are added to the Website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right to refuse our Website or our Services to anyone for any reason at any time.

Our Services

The Website provides users with the following: (i) access to independent psychologists who can write prescription letters for emotional support animals and service dogs , and (ii) information and news (collectively the "Services"). Additionally, products may be sold related to your animals and pets (collectively the "Products").

The Company reserves the right to modify, discontinue or delete all or any part of the Products or Services at any time.

No Medical Advice or Services

The Company does not offer any medical advice or services to its users. The Professional Corporations, Medical Corporations and/or doctors are independent healthcare providers who provide clinical services in the field of psychology related to the recommendations or prescriptions for emotional support animals and service dogs. All of these doctors or entities use this Website to market their services.

THE CONTENT FOUND ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. ANY HEALTHCARE PROVIDER FOUND ON THIS WEBSITE IS INDEPENDENT AND IS NOT EMPLOYED BY OR AFFILIATED WITH THE COMPANY.

Children’s Privacy

This Website is not intended or designed for children under the age of thirteen (13). We do not knowingly collect personally or non-personally identifiable information from any person we actually know to be under the age of thirteen (13). In order to register and use the Services, you must be at least eighteen (18) years of age or older.

Registration and Password

Certain portions of the Website or the Services may be limited to registered users and may require you to register with the Website prior to access. When registering you agree to provide complete, accurate and truthful information about yourself. You are not permitted to register under someone else’s name. You agree to inform us of any updates or changes to your registration information.

You are responsible to maintain the confidentiality of your username and password. Each user shall be responsible for all uses associated with their username, whether authorized or unauthorized by you. If there is any unauthorized use of your username, user account or password, please inform us immediately.

Additional Terms and Conditions

Additional guidelines, terms and conditions may apply to certain Services or products offered through the Website. If additional guidelines, terms and conditions apply to Services or Products those terms must be accepted prior to the use of the Services and Products. In the event of a conflict between these Terms and Conditions and additional terms and conditions, such additional terms will control.

Your Conduct on the Website

Subject to users’ compliance with these Terms and Conditions, any additional Terms and Conditions and the Privacy Policy, the Company grants to you a limited, non-exclusive, non-transferable license to access and make personal use of the Website and its Services. By providing us with information or data, including text, software code, music, sound, photographs or graphics, videos or other materials (collectively the "Content"), you acknowledge that you have the right to post or provide such Content and that the Content does not infringe upon, misappropriate or violate any rights of any party.

We are not responsible for any posted Content of any user. We shall not be responsible to you in any way for Content posted by another user.

Prohibited Conduct

You are expressly prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false information; (g) to upload or transmit viruses or any other type of malicious code to the Website or to another user; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, or scrape the Website; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or the Website.

We reserve the right to terminate your use of the Service or our Website for violating any of the prohibited uses.

Content on the Website

The Website may make use of copyrighted material which may require additional permissions prior to your use. In order to use any information or material on this Website not owned or created by the Company, you must seek permission directly from the owning party.

The content, information, graphics, designs and other materials published on this Website, including, domain names, trademarks, logos, trade names, service marks and any other form of intellectual property ("Materials"), unless marked or stated otherwise, are owned by the Company. Except as noted above, you receive no right or license, by implication, estoppel or otherwise, in the Materials through your use of the Website. No proprietary data on the Website may be downloaded, republished, resold, duplicated, or "scraped," in whole or in part, for any purpose other than the uses permitted in these Terms and Conditions.

Health Insurance Portability and Accountability Act of 1996 ("HIPAA")

Some of our Services may require additional information about your personal health. Any personal health information provided through the Website will be used solely for the purpose of securing the Services. Any personal health information will be used and protected in accordance with our Privacy Policy and in connection with the requirements of HIPAA.

By providing us with information about your medical or health information, health history or medical and health records, you consent to the use of such information in order to provide you with the Services.

If a user is required to register as stated under Registration and Password , users should not provide others with their username and password information. However, in the event that a user gains access to another’s health information, you agree to protect the confidentiality of this information and comply with state and federal privacy laws. These laws prohibit the disclosure of health information without the express written authorization of the person who is the subject of the health information, including, but not limited to, federal law prohibiting the redisclosure of health information regarding alcohol and drug abuse referral and treatment.

If the Website does provide a user with medical records related to the Services, there are no assurances that the medical records will contain all of the information related to the health records. State and Federal laws may limit the amount of information that may be shared or displayed which may prevent us from showing your full health records.

SMS and Text Messaging

Some of our services may require you to receive SMS or text messages. If so, you must have a wireless device of your own, capable of two-way messaging, and be a user of a participating wireless service provider with SMS and text messaging. By providing us with your cellphone number you authorize us to communicate with you via SMS or text message.

Depending on your wireless service, message and data rates may apply in accordance with the terms of your wireless customer agreement. You are responsible for all applicable taxes that may apply. Contact your wireless provider for more information. The mobile carriers are not liable for delayed or undelivered messages. Message frequency per account setup.

AmericanServicePets.com
118 Robin Hood Dr.
Hammond, LA 70403

Disclaimer of Accuracy, Timeliness, Completeness or Storage of Information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon in making informed health decisions without consulting primary, more complete or more current sources of information. Any reliance of the information on this Website is at your own risk.

The Company shall not be liable for the deletion, or failure to store of any data or information. You should make sure to back up all submissions or communications you have made to the Website as there is no guarantee that the data will be saved by the Website.

We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on the Website.

Credit Card

If you provide us with information for credit card purchases for payments through the Website, we will treat your credit card information in a secure manner.

Refund Policy

There will be no refunds made to any users of the Services or who have had services rendered by an independent psychologist.

Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you pay with credit card you certify that you are an authorized user of this credit card and that you will not dispute the payment with your credit card company; so long as the transaction corresponds to the terms indicated in this form.

Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of the Services or the Website will be uninterrupted, timely, secure or error-free.

WE DO NOT GUARANTEE OR WARRANT ANY OUTCOME FROM THE USE OF OUR SERVICES. THESE OUTCOMES ARE DETERMINED BY AN INDEPENDENT PSYCHOLOGIST WHO USES HIS SOLE DISCRETION IN DETERMINING WHETHER OR NOT TO RECOMMEND A PRESCRIPTION LETTER FOR AN EMOTIONAL SUPPORT ANIMAL OR SERVICE DOG.

You agree that from time to time we may remove the Services for indefinite periods of time or may cancel the Services altogether, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services delivered to you through the Website are (except as expressly stated by us) provided " As-Is " for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

In no case shall the Company, its directors, officers, employees, or representatives 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 your use of THE WEBSITE OR ITS products OR SERVICES, or for any other claim related in any way to your use of the serviceS, PRODUCTS oR WEBSITE, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred BY USER FROM THE serviceS, PRODUCTS oR WEBSITE WHETHER posted, transmitted, or otherwise made available, even if advised of ITS possibility.

Because some states or jurisdictions do not allow the exclusion or the 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.

Arbitration of Disputes

In the event of any dispute arising under or involving any provision of these Terms and Conditions, Additional Terms, or the Privacy Policy, including without limitation, claims involving any breach hereof, adequacy of considerations, or any matter stemming therefrom, the parties hereto agree to submit any such dispute to binding arbitration before the Judicial Arbitration and Mediation Service ("JAMS") in the County of Orange, State of California. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS with a copy to the other party at the address listed above. The arbitration will be conducted in accordance with all applicable law and otherwise in accordance with the JAMS’ Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from a panel of neutral arbitrators, and in scheduling the discovery and arbitration proceedings. The parties hereby covenant that each will participate in the arbitration in good faith. The arbitrator in any such binding arbitration shall prepare and issue a written decision with written essential findings and conclusions on which an award is based. Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The parties hereto agree hereby that any rules, regulations or statutes that differ or conflict herewith be waived hereby.

Any arbitration arising under these Terms and Conditions, Additional Terms and Conditions, or the Privacy Policy shall be on an individual basis only; class arbitrations, class actions, and private attorney general actions are not permitted and you agree to waive these rights.

Third Party Websites

The Website may contain links to third-party websites or services. Any third-party website or service links found on this Website 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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, or any other transactions made in connection with any third-party websites. Please review a third-party’s privacy practices and terms and conditions prior to engaging with their website.

Errors, Inaccuracies and Omissions

Occasionally there may be information about or found on the Website or its Services or Products that contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

We have no obligation to update, amend or clarify information related to the Website, and its Services or Products, except as required by law. No update date applied Website or related to the Products or Services, should be taken to indicate that all information is correct.

Indemnification

You agree to indemnify, defend and hold harmless the Company and all of its parent, subsidiary and affiliate companies, executives, officers, employees, and authorized representatives from any and all liabilities incurred in connection with your use of the Website and its Products or Services, any injury caused by an independent psychologist or your breach of these Terms and Conditions. This shall include attorney fees, costs, damages, losses and expenses related to any such use or breach. In such an event you agree to cooperate fully in the defense of any such claim. The Company reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of the Company.

Representations

You hereby represent, warrant and acknowledge that: (i) you have the legal right and authority to enter into these Terms and Conditions, (ii) you have the legal right and authority to perform your obligations as stated in these Terms and Conditions and to grant the rights and licenses as described herein and have the authority to enter into any additional agreements or terms and conditions in connection with any of the Services, and (iii) all information you provide to the Company in connection with the Services and the Website is correct and current.

Termination

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Website and its Product or Services. Please be aware that all Products delivered or Services rendered are final, and there will be no refunds. If you decide to terminate the Services prior to their completion you will not be entitled to a refund.

The Company may, in its sole discretion, terminate or suspend your access to and use of the Website without notice and for any reason. The Company may also suspend your use of the Website or deactivate your account and direct you to cease using the Website with or without notice to you and with or without cause. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, your rights to use the Services or the Website shall automatically terminate. Upon any termination of these Terms and Conditions, all rights granted to you herein will cease and you must promptly discontinue all access to any part of the Website and the use of any Content download or obtained from the Website or Services.

CAN-SPAM Act

The Controlling of the Assault of Non-Solicited Pornography and Marketing Act of 2003 and as amended from time to time (the "CAN-SPAM Act") is a law that sets for the rules for commercial email, establishes requires for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

The CAN-SPAM Act applies to all commercial messages where the primary purpose is to commercially advertise or promote a commercial product or service.

The Company agrees to do the following:

  • To not use any false or misleading subjects or email addresses in their communications,

  • Identify the message as an advertisement in a reasonable way,

  • Include the physical address of our business or Website headquarters (which can be found in these Terms and Conditions),

  • Honor opt-out and unsubscribe requests within ten (10) business days, and

  • To monitor what other marketing services are doing on our behalf.

Amendments to the Terms and Conditions

We reserve the right to update, add, remove or amend any part of these Terms and Conditions by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Miscellaneous

Entire Agreement . Unless otherwise specified on the Website, these Terms and Conditions, Additional Terms (found below) and the Privacy Policy constitutes the entire agreement between you and the Company with respect to the Website, and its Products and Services.

Severability . In the event that any provision of these Terms and Conditions or Additional Terms 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver . The failure of us to exercise or enforce any right or provision of these Terms and Conditions or Additional Terms shall not constitute a waiver of such right or provision.

Interpretation . Any ambiguities in the interpretation of these Terms and Conditions or Additional Terms shall not be construed against the drafting party.

Headings . The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions or Additional Terms.

Choice of Law . These Terms and Conditions, Additional Terms and any separate agreements whereby we provide you Products or Services shall be governed by and construed in accordance with the laws of California.

Venue . You agree that any dispute arising out of these Terms and Conditions or Additional Terms or your use of the Services or Products herein, shall take place in the state or federal courts of the State of California, County of Orange. By registering or using our Services and the Website, you consent and submit to the exclusive jurisdiction and venue of the state or federal courts of the State of California, County of Orange.

Contact Information

Questions about the Terms and Conditions should be sent to us at info@americanservicepets.com or may be mailed to us at:

AmericanServicePets.com
118 Robin Hood Dr.
Hammond, LA 70403



THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS APPLY TO ALL PRODUCTS AVAILABLE THROUGH AMERICANSERVICEPETS.COM. PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE SOLD BY AMERICAN SERVICE PETS AND ARE NOT AFFILIATED WITH ANY DOCTOR OR MEDICAL PROFESSIONALS.

Additional Terms and Conditions

Please read these additional terms and conditions ("Additional Terms") carefully before making a purchase from the Website. These Additional Terms shall incorporate the Privacy Policy of the Website found here . If there are any capitalized words found in this Additional Terms that are not defined, they shall have the same meaning as set forth in the Website’s Privacy Policy or as set forth above.

Acceptance of this Agreement

By accessing this Website or making a purchase of one of the Products, you consent to these Additional Terms.

Refund and Return Policy

There will be no refunds or returns on any Products ordered through the Website.

Accuracy of Billing and Account Information

We reserve the right to refuse any order for Products that is placed with us. We may, in our sole discretion, limit or cancel quantities purchased per user, per household or per order. This may include restrictions by or under the same customer account, credit card, and orders under the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the contact information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you pay with credit card you certify that you are an authorized user of this credit card and that you will not dispute the payment with your credit card company; so long as the transaction corresponds to the terms indicated in this form.

Disclaimer of Warranties

You agree that from time to time we may remove the Products for indefinite periods of time or may cancel the Products altogether, without notice to you.

The Products delivered to you through the Website are (except as expressly stated by us) provided " As-Is " for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

In no case shall the Company, its directors, officers, employees, or representatives 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 your use of the products, or for any other claim related in any way to your use the Products including, but not limited to, any loss or damage of any kind incurred by user from the Products.

Because some states or jurisdictions do not allow the exclusion or the 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 .

Errors, Inaccuracies and Omissions

Occasionally there may be information about or found on the Website or Products that contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

We have no obligation to update, amend or clarify information related to the Website, and its Products, except as required by law. No update date applied Website or related to the Products, should be taken to indicate that all information is correct.

Indemnification

You agree to indemnify, defend and hold harmless the Company and all of its parent, subsidiary and affiliate companies, executives, officers, employees, and authorized representatives from any and all liabilities incurred in connection with your use of the Products. This shall include attorney fees, costs, damages, losses and expenses related to any such use or breach. In such an event you agree to cooperate fully in the defense of any such claim. The Company reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of the Company.

Amendments to the Additional Terms

We reserve the right to update, add, remove or amend any part of these Additional Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Contact Information

Questions about these Additional Terms should be sent to us at info@americanservicepets.com or may be mailed to us at:

AmericanServicePets.com
118 Robin Hood Dr.
Hammond, LA 70403



Last Updated: February 26, 2019