Terms & Conditions
- ACCEPTANCE OF TERMS AND CONDITIONS
- DESCRIPTION OF USSERVICEANIMALS.ORG SERVICES
Our Responsibility and Rules of Conduct:
Our purpose is to create a platform through which individuals can register Service Animals, Emotional Support /Assistance Animals and Therapy Animals in an accessible, secure database and purchase valuable products to identify such animals to the public and make the utilization of such animals easier and more convenient to their handlers.
User’s Responsibility and Rules of Conduct:
Registration is conducted under the honor system and any individual found to violate these rules will be expelled from the Registry. The Registry is not intended to be a certification process and we do not judge the proficiency of our registrants in any way, and nor would that be necessary under the law. We do not investigate the training or abilities of any animal that is registered through our platform and do not provide any warranties concerning the abilities or training any such animals. We are not responsible or liable for the actions of any animal registered through our platform or utilizing any of the products sold through our website.
In addition, where it is necessary that the handler of an animal registered through our platform is required to have a disability that necessitates the need for a Service Animal, we do not investigate the nature of the disability or require the user to disclose this disability. However, users certify by registering a Service Animal that the animal the user is registering is an animal that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. Users further certify that the work or task that the Service Animal has been trained to provide is directly related to the individual’s disability. By registering an Emotional Support / Assistance Animal, users certify that the animal they are registering is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability for a person who has a disability-related need for such support.
Our services provide no protection above or beyond the law. We are a tool, similar to an online resume or other online profile service. All data that is used is based solely on the assertions of the provider or Registrant themselves.
You understand and agree that USServiceAnimals.org Services are provided “AS-IS” and that USServiceAnimals.org assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to USServiceAnimals.org Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment (ie. your computer, laptop or other wireless device) necessary to access USServiceAnimals.org Services.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of USServiceAnimals.org Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving USServiceAnimals.org Services under the laws of the United States or other applicable jurisdiction. That means all USServiceAnimals.org registrants must conform fully to the current law, meaning that you or the Registrant are the legal and rightful owner and user of a Service Animal, Assistance Animal, and/or Therapy Animal as described by any applicable law. It is the responsibility of the registrants and users to understand and obey the law online and offline. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by USServiceAnimals.org Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or USServiceAnimals.org has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, USServiceAnimals.org has the right to suspend or terminate your account and refuse any and all current or future use of USServiceAnimals.org Services (or any portion thereof).
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account designation upon completing USServiceAnimals.org Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify USServiceAnimals.org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. USServiceAnimals.org cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not USServiceAnimals.org, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via USServiceAnimals.org Services. USServiceAnimals.org does not control the Content posted to areas such as, but not limited to, Profile Pages and Blog comments via USServiceAnimals.org Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The registry is constantly updated with new Content from users, so although we hope it does not happen, you understand that by using USServiceAnimals.org Services, you may be exposed to Content that is offensive, indecent or objectionable. We will make a reasonable effort to remove such content. Under no circumstances will USServiceAnimals.org be liable in any way for any Content, including, but not limited to objectionable or offensive Content in Profile Pages, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available either online or offline.
We reserve the right to remove anyone from the Registry at any time who is determined to be violating any law applicable to Service Animals, Assistance Animals, Therapy Animals and/or our TOS. In addition if you or your Service Animal, Assistance Animal, and/or Therapy Animal is involved in any act of aggression or violence towards a person, other animal or property your registration with us will be considered wholly invalid and possibly fraudulent from the moment it was created. We believe Service Animal, Assistance Animal, and/or Therapy Animal teams must behave in exemplary fashion at all times. We may not be held liable in any way for the actions of our members or their animals either online or offline as they are 100% responsible for themselves at all times.
You agree to not use USServiceAnimals.org Services to:
- misrepresent any animal as a Service Animal, Assistance Animal, and/or Therapy Animal for any reason whatsoever, whether personal, public or private, online or offline. Misrepresenting an animal as a Service Animal, Assistance Animal, and/or Therapy Animal may be punishable by incarceration, fines including, but not limited to, other local or federal laws;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, the United States Department of Justice Americans with Disabilities Act (ADA);
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm any individual, company, entity or animal in any way;
- impersonate any person or entity, including, but not limited to, a USServiceAnimals.org official, employee, volunteer or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through USServiceAnimals.org Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Department of Justice, or any other entities or agencies having the force of law;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 10 above.
You acknowledge that USServiceAnimals.org may or may not pre-screen Registrations or Content, but that USServiceAnimals.org shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Registrations or Content that are available via USServiceAnimals.org Services. Without limiting the foregoing, USServiceAnimals.org shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use or viewing of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that USServiceAnimals.org may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of USServiceAnimals.org, its users and the public.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON USSERVICEANIMALS.ORG WEBSITE AND SERVICES
USServiceAnimals.org does not claim ownership of your Registration or Content you submit or make available for inclusion on USServiceAnimals.org Service. We will never share or distribute your personal information for any reason. However, please note that certain portions of USServiceAnimals.org Website and Services Publicly Accessible, including a registrant’s Profile Page.
- CONTRIBUTIONS TO USSERVICEANIMALS.ORG
By submitting Contributions to USServiceAnimals.org through e-mail or survey pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) USServiceAnimals.org is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) USServiceAnimals.org shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) USServiceAnimals.org may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of USServiceAnimals.org without any obligation of USServiceAnimals.org to you; and (f) you are not entitled to any compensation or reimbursement of any kind from USServiceAnimals.org under any circumstances.
You agree to indemnify and hold USServiceAnimals.org, JBX2 Plus MHCO, LLC and affiliates, volunteers, employees and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through USServiceAnimals.org Services, your use of USServiceAnimals.org Services, your connection to USServiceAnimals.org Services, your use of any and all USServiceAnimals.org branded merchandise including but not limited to Patches, Identification Cards, Certificates, Animal Tags or other materials, your violation of the TOS, or your violation of any rights of another.
- NO COMMERCIAL REUSE OF USSERVICEANIMALS.ORG SERVICES, WEBSITE OR MATERIALS
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, personal gain (including, but not limited to, access to public or private buildings or transportation) any portion or use of, or access to, USServiceAnimals.org Services (including, but not limited to, USServiceAnimals.org Logo, the names “[names], or USServiceAnimals.org URL, “USServiceAnimals.org”, “USServicesAnimals.com”, Content, Patches, Identification Cards, Certificates, Animal Tags, or Identification Number. We do not license our Marks, therefore anyone using them for identification purposes is doing so without our permission and is infringing on our trademark.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that USServiceAnimals.org may establish general practices and limits concerning use of USServiceAnimals.org Services, including without limitation a maximum about of time, months or years your data or other uploaded Content will be retained by USServiceAnimals.org Services or Websites, the maximum disk space that will be allotted on USServiceAnimals.org’s servers on your behalf. You agree that USServiceAnimals.org, JBX2 Plus MHCO, LLC and affiliates, volunteers, employees and partners has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted to USServiceAnimals.org Services. You acknowledge that USServiceAnimals.org reserves the right to inactivate or delete accounts that are inactive for an extended period of time. You further acknowledge that USServiceAnimals.org reserves the right to modify these general practices and limits from time to time.
You also understand and agree that USServiceAnimals.org may include advertisements and that these advertisements are necessary for USServiceAnimals.org to provide Services. You also understand and agree that USServiceAnimals.org Services may include certain important communications from USServiceAnimals.org, such as service announcements, administrative messages and other informational updates, and that these communications are considered part of USServiceAnimals.org membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current USServiceAnimals.org Services, including the release of new products, shall be subject to the TOS.
- MODIFICATIONS TO USSERVICEANIMALS.ORG SERVICES
USServiceAnimals.org reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, USServiceAnimals.org Services (or any part thereof) with or without notice. You agree that USServiceAnimals.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of USServiceAnimals.org Services (or any part thereof).
You may terminate your USServiceAnimals.org account and access to USServiceAnimals.org Services by deleting your registrations from within the Registry using the tools we provide.
You agree that USServiceAnimals.org may, without prior notice, immediately terminate, limit your access to or suspend your USServiceAnimals.org account and access to USServiceAnimals.org Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to USServiceAnimals.org Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities including, but not limited to, misrepresentation of an animal. Furthermore, you agree that all terminations, limitations of access and suspensions for cause shall be made in USServiceAnimals.org’s sole discretion and that USServiceAnimals.org shall not be liable to you or any third party for any termination of your account or access to USServiceAnimals.org Services.
Termination of your USServiceAnimals.org account includes any or all of the following: (a) removal of access to all or part of the offerings within USServiceAnimals.org Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of USServiceAnimals.org Services.
- DEALINGS WITH ADVERTISERS AND RESOURCES
Part of our mission is to help connect Service and Assistance Dog users with Trainers, Breeders or other Companies that may provide education or other benefit. Your correspondence or business dealings with, or participation in promotions of, advertisers or resources found on or through USServiceAnimals.org Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or resource. You agree that USServiceAnimals.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or resources found on USServiceAnimals.org Services.
USServiceAnimals.org Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that USServiceAnimals.org is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that USServiceAnimals.org 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
- USSERVICEANIMALS.ORG’S PROPRIETARY RIGHTS
You acknowledge and agree that USServiceAnimals.org Services and any necessary software or database programming used in connection with USServiceAnimals.org Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or resources or information presented to you through USServiceAnimals.org Services or by advertisers and resources is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by USServiceAnimals.org or the applicable licensor (such as an advertiser or resource), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on USServiceAnimals.org Services, such Content or the Software, in whole or in part.
- DISCLAIMER OF WARRANTIES
- YOUR USE OF USSERVICEANIMALS.ORG SERVICES AND MATERIALS ARE AT YOUR SOLE RISK. USSERVICEANIMALS.ORG SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USSERVICEANIMALS.ORG, JBX2 PLUS MHCO, LLC AND AFFILIATES, VOLUNTEERS, EMPLOYEES AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- USSERVICEANIMALS.ORG, JBX2 PLUS MHCO, LLC AND AFFILIATES, VOLUNTEERS, EMPLOYEES AND PARTNERS MAKE NO WARRANTY THAT (I) USSERVICEANIMALS.ORG SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (II) USSERVICEANIMALS.ORG SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF USSERVICEANIMALS.ORG SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USSERVICEANIMALS.ORG SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED, E-MAILED, SENT VIA TRADITIONAL MAIL OR OTHERWISE OBTAINED THROUGH THE USE OF USSERVICEANIMALS.ORG SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE THAT RESULTS FROM THE RECEIPT OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USSERVICEANIMALS.ORG OR THROUGH OR FROM USSERVICEANIMALS.ORG SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USSERVICEANIMALS.ORG, EBC PARTNERS, LLC. AND AFFILIATES, VOLUNTEERS, EMPLOYEES AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EMPLOYMENT, PERMANENT OR TEMPORARY HOUSING, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF USSERVICEANIMALS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE USSERVICEANIMALS.ORG SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ONLINE OR OFFLINE; OR (E) ANY OTHER MATTER RELATING TO USSERVICEANIMALS.ORG SERVICE.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
USServiceAnimals.org may provide you with notices, including those regarding changes to the TOS, including, but not limited to e-mail, traditional mail, Twitter and Blog postings on USServiceAnimals.org Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing USServiceAnimals.org Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed USServiceAnimals.org Services in an authorized manner.
- TRADEMARK AND COPYRIGHT INFORMATION
You agree that all of USServiceAnimals.org’s trademarks, trade names, service marks and other USServiceAnimals.org logos and brand features, Access Icons and product and service names are trademarks and the property of JBX2 Plus MHCO, LLC (the “USServiceAnimals.org Marks”). Without USServiceAnimals.org’s prior permission, you agree not to display or use in any manner USServiceAnimals.org Marks.
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and USServiceAnimals.org and governs your use of USServiceAnimals.org Services, superseding any prior version of this TOS between you and USServiceAnimals.org with respect to USServiceAnimals.org Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party products, including, but not limited to, Flickr, Twitter or PayPal.
Choice of Law and Forum. You agree that USServiceAnimals.org will have first choice of forum regardless of your location.
Waiver and Severability of Terms. The failure of USServiceAnimals.org to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your USServiceAnimals.org Account and Registration is non-transferable and any rights to your USServiceAnimals.org Profile Contents within your Account and Registration terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of USServiceAnimals.org Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS privately to our Customer Service Department.