TERMS AND CONDITIONS: ESA

BY CLICKING “I ACCEPT” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THIS SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THIS SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS OF USE AND MODYFI’S PRIVACY POLICY (COLLECTIVELY AND AS AMENDED, UPDATED, SUPPLEMENTED, OR MODIFIED FROM TIME TO TIME, THE “TERMS”).  IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE MODYFI’S PERMISSION TO USE THIS SITE.  YOUR USE OF THIS SITE AND MODYFI’S PROVISION OF THIS SITE TO YOU CONSTITUTE AN AGREEMENT BETWEEN YOU AND MODYFI FOR YOU TO BE BOUND BY THE TERMS.  

• REFUND AND CANCELLATION POLICY
  Our refund and cancellation policy ensures that our team of licensed health care professionals (“LHCP”) are effectively allocating their support to those in need. Once your order is placed, your order is non-refundable, unless your landlord does not accept your ESA letter after filing a complaint with HUD. We have a strict refund and cancellation policy to ensure the licensed healthcare professionals we work with are effectively allocating their support to those who need their help.
  
  Ultimately, it is up to the landlord or airline to accept your ESA letter. Landlords may not comply with ESA rules and may illegally deny your federally protected right to be accompanied by an ESA. Not all airlines accept emotional support animals and they are not obligated under U.S. law to do so. If your landlord or airline rejects your ESA request in violation of your rights or the airline’s policy you must first file a claim with the appropriate department and share the claim number before we can process a refund. If your landlord or airline denies your ESA letter due to a valid reason under the Fair Housing Act or the airline’s policy – for example, if your ESA poses a threat to the health and safety of others or has damaged property, then no refund will be given. A PSD letter requires you to self-certify to third-parties that your animal is a fully trained service dog that meets ADA, FHA, ACAA or other assistance animal legal standards.
  Finally, please note that ESAs are governed by various laws and regulations and neither we nor your LHCP can predict how these rules will evolve. Your LHCP is compensated for their time in evaluating you and issuing a letter if you qualify. You agree that no refunds will be issued if there is a change in any of these rules that prevents or restricts your ESA from being accommodated in any circumstance, including for housing and air travel, or otherwise affects your rights as an ESA owner. For the avoidance of doubt, refunds will not be issued if your airline is no longer accommodating emotional support animals. Refunds for PSD letters will not be issued for any reason.

• Site Content.  Although Modyfi makes reasonable efforts to ensure that the content of the Site is correct and up-to-date, Modyfi cannot guarantee, and make no representations or warranties regarding, the accuracy, completeness, reliability, or usefulness of the Site.  Modyfi reserves the right to change, add, or remove some or all of the content on the Site or temporarily or permanently discontinue all or any portion of the Site at any time without notice or obligation of any kind.  The Site and the Services are intended for use only in the United States.  Modyfi makes no representation or warranty that the Site or Modyfi’s Services are appropriate or available for use in locations outside of the United States.  Persons using the Site or receiving Services outside of the United States do so at their own risk, and Modyfi shall have no liability with respect to such users located outside of the United States.

Modyfi may make promotional offers available with different features and different rates to any or all of Modyfi’s Users in Modyfi’s sole and absolute discretion.  Those promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Site or receipt of Services.  Modyfi may change the fees for the Services in its sole and absolute discretion from time to time.

• Right to Modify.  Modyfi may change, add, or delete portions of the Terms at any time on a going-forward basis in Modyfi’s sole and absolute discretion.  Continued use of the Site and/or Services following notice of any such changes, additions, or deletions will be deemed to be your acknowledgement of such changes and agreement to be bound by such changes, additions, or deletions.

• Disclaimer of Warranties; Release.  YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK.  BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  MODYFI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, RELIABILITY OF PERFORMANCE, AND FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

The Site neither offers nor constitutes legal advice.  Modyfi makes no claims, guarantees, or warranties regarding rights or obligations you may have under federal or state disability or other laws.  Modyfi does not provide any representation or certification that any User has a disability or is entitled to accommodation under applicable laws.  Modyfi does not guarantee that private individuals or governmental entities will agree with any position that any User may take.  Modyfi does not guarantee that you will receive accommodation generally afforded to the legally disabled.  If you are not legally disabled, then you may not be entitled to accommodation rights under applicable laws, and any information, Services, or products received via this Site may confer no benefit upon you.  There is no guarantee that any third party will accord the User any right or courtesy.  Even though you may have an ESA Letter from a Provider, this in no way guarantees that you will qualify as “disabled” under federal or state law, or receive any particular accommodation by any airline, hotel, restaurant owner, or any other third party.  An ESA is not a “service dog” and may not necessarily be accorded the same level of accommodation.

Modyfi expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Site or through Modyfi or through anyone using the Site or trained by Modyfi. Modyfi is not liable for any unfair business practices by third parties. Modyfi does not guarantee that any person’s use of the Site is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Site do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.

• Limitation of Liability.  YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MODYFI OR ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, INDEPENDENT CONTRACTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, ATTORNEYS, ACCOUNTANTS, SUCCESSORS, OR ASSIGNS (EACH OF THE FOREGOING, A “MODYFI PARTY”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, EVEN IF MODYFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE.  To the extent that Modyfi cannot, as a matter of applicable law, disclaim any implied warranty or limit Modyfi’s liabilities, the scope and duration of such warranty and the extent of Modyfi’s liability will be the minimum permitted under such applicable law.

Notwithstanding the above, Modyfi’s sole liability to you for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, will be limited to the amount you paid for any product or service you purchased from Modyfi; provided, that any claims arising out of or in connection with your use of the Site must be brought within one (1) year after the event giving rise to such action occurred.  You understand and agree that your use of the Site is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Site.

• Assumption of Risks.  You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to Modyfi or you), relating to your access to and activities with respect to the Site and Site content, or relating to any activity, information, or service, provided by Modyfi or any of our agents or employees or agents. 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 Site or Site content or use therein.

• Indemnification.  You acknowledge and agree that, in consideration of your use of the Site, you agree to indemnify, defend, and hold harmless Modyfi and all other Modyfi Parties from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees and costs (all of the foregoing, “Claims”), resulting from, or alleged to result from: (i) your violation of the Terms or of applicable laws or regulations; (ii) your use of or reliance on the information presented on the Site; or (iii) any content you uploaded to the Site.  In addition, in consideration of your use of the Site, you agree to indemnify, defend, and hold harmless your Provider(s) from and against any third-party Claims resulting from your lack of adherence with the general information, educational materials, or advice provided by such Provider.  Modyfi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Modyfi or any other Modyfi Party, and you agree to cooperate with Modyfi’s defense of such Claims.  You agree not to settle any matter without the prior written consent of Modyfi.  Modyfi will use reasonable efforts to notify you of any such Claim, action, or proceeding upon becoming aware of it.

• Geographical Restrictions.  Modyfi makes no representation that all Services described on or available through the Site are appropriate or available for use in locations outside the United States or territories of the United States.  All financial transactions will be processed in U.S. dollars (unless the payment options provided by Modyfi allow for automatic conversion of U.S. dollars to and from other currencies).  The Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that could or would subject Modyfi to any registration, licensing, permitting, application, or other legal, statutory, or regulatory requirement within such jurisdiction or country.

You understand that by checking the “Agree” box for the Terms and/or any other forms presented to you on the Site, you are agreeing to the Terms and that such action constitutes a legal signature and creates a binding, enforceable legal agreement.  You agree that Modyfi may send to you any privacy or other notices, disclosures, or communications regarding the Site or the Services (collectively, “Communications”) through electronic means, including, but not limited to: (1) by e-mail using the e-mail address that you provided to Modyfi during registration, or (2) by posting the Communications on the Site and/or to your Account.  The delivery of any Communications is effective when sent by Modyfi regardless of whether you read the Communication when you receive it or whether you actually receive the delivery.  You can withdraw your consent to receive Communications by e-mail by deactivating your Account and ceasing to use the Site and receive Services.

No waiver by Modyfi  of any term or condition set forth in the 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 Modyfi  to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.  If any provision of the 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 the Terms will continue in full force and effect.

The Terms constitute the sole agreement between you and Modyfi relating to your use of the Site and the Site content, and no representations, statements or inducements, oral or written, not contained in the Terms will bind either you or the Company.

Please report any violations of the Terms to info@modyfihealth.com.