Terms and Conditions

Welcome to Pro ESA Letter ("Company," "We," "Us," or "Our"). These Terms and Conditions ("Terms") govern your access to and use of https://proesaletter.com (the "Website") and all related services, content, and functionality offered by Pro ESA Letter (collectively, the "Services").

By accessing, browsing, or using our Website or Services, you ("User," "You," or "Your") acknowledge that you have read these Terms in their entirety, understand all provisions contained herein, and agree to be legally bound by these Terms without limitation or qualification. You confirm that you are at least 18 years of age or the age of majority in your jurisdiction.

If you do not agree to these Terms, you must immediately cease all use of our Website and Services. We reserve the right to modify these Terms at any time, and such modifications will be effective upon posting to the Website. Your continued use of the Services after any modifications constitutes acceptance of the revised Terms.

To use our Services, you must meet the following eligibility requirements:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate, truthful, current, and complete registration information
• Not be barred from receiving services under applicable laws

User Responsibilities: You agree to maintain the confidentiality of your account credentials, notify us immediately of any unauthorized use of your account, provide only truthful and accurate information throughout the evaluation process, use the Services only for lawful purposes and in accordance with these Terms, and assume all responsibility for your animal's behavior and actions.

Pro ESA Letter provides administrative services as a platform distribution model to connect individuals with independent licensed mental health professionals (LMHPs). Our Services include facilitating connections between users and LMHPs, providing informational resources about emotional support animals, offering administrative support for the ESA letter process, and educating users about legal rights and requirements.

Important Clarifications: We are NOT a licensed healthcare provider. We do NOT provide medical advice, diagnosis, or treatment. We are NOT a covered entity under HIPAA. We do NOT guarantee that you will receive an ESA letter. LMHPs are independent practitioners who make their own professional determinations.

The questions used in our qualification process are provided by licensed mental health professionals, but we do not have responsibility regarding the analysis of these questions or for any document provided by health professionals.

Medical Information Disclaimer: Our Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or qualified health provider with any medical questions. Never disregard professional medical advice or delay seeking it because of information on our Website. Information provided through our Services does not constitute the practice of medicine or healthcare advice.

We do not accept health insurance for payment of any services provided. All interactions with LMHPs through our platform are independent of Pro ESA Letter, and LMHPs practice under their own standards of care and applicable state regulations.

Only qualified Licensed Mental Health Professionals can issue valid ESA letters. Qualified professionals include licensed psychiatrists (MD or DO), licensed psychologists (PhD or PsyD), licensed clinical social workers (LCSW), licensed professional counselors (LPC), licensed marriage and family therapists (LMFT), psychiatric mental health nurses (PMHN), and other licensed mental health professionals authorized by state law.

Professional Independence: All LMHPs who provide services through our platform are independent practitioners. They practice under their own professional licenses and standards of care, make independent determinations about eligibility for ESA letters, establish their own patient-provider relationships, and are responsible for the content and validity of ESA letters they issue.

We do not employ LMHPs and are not responsible for their professional decisions or the ESA letters they issue. The LMHP-patient relationship is solely between you and the LMHP.

ESA letters may provide protections under the Fair Housing Act (FHA), which requires housing providers to make reasonable accommodations for individuals with disabilities. ESA letters are typically valid for one year from the date of issuance. Landlords may require documentation if the disability is not readily apparent. Housing providers cannot charge pet fees or deposits for legitimate ESAs. Breed and size restrictions generally do not apply to ESAs.

State-Specific Requirements: Some states have additional requirements. For example, California requires at least a 30-day client-provider relationship before an LMHP can issue an ESA letter. Florida requires out-of-state practitioners to have conducted at least one in-person visit with the patient.

ESA letters obtained through our Services have specific limitations. Air Travel: As of January 2021, airlines are no longer required to accommodate emotional support animals under the Air Carrier Access Act (ACAA). Most airlines now treat ESAs as pets and may charge applicable fees. Some airlines may still accommodate ESAs at their discretion, but this is not guaranteed by law.

Public Access Rights: Unlike service animals, emotional support animals do NOT have public access rights under the Americans with Disabilities Act (ADA). This means ESAs cannot accompany you in restaurants, stores, or other public places where pets are not allowed. Businesses are not required to accommodate ESAs. Only housing providers are federally required to make reasonable accommodations for ESAs.

Employment: While some employers may accommodate ESAs, there is no federal requirement for workplace accommodation of emotional support animals.

Animal Behavior Liability: You assume all risks related to your animal's acts, behavior, and conduct. Neither Pro ESA Letter nor your LMHP shall be responsible or liable for any damages or liabilities caused by your animal.

You agree not to use our Services to misrepresent any animal as an emotional support animal or service animal, violate any applicable local, state, national, or international laws, impersonate any person or entity or misrepresent your affiliation, manipulate any documents provided through our Services, upload viruses or malicious code that could damage our systems, use automated systems to access our Services without permission, attempt to gain unauthorized access to our systems or other users' accounts, or engage in fraudulent activities or provide false information.

All fees for our Services are clearly disclosed prior to purchase. By purchasing our Services, you agree to pay all applicable fees and charges, provide accurate billing and payment information, authorize us to charge your chosen payment method, and notify us of any billing disputes within 30 days of the charge.

Fee Structure: Our fees typically cover administrative platform services, connection to licensed mental health professionals, educational resources and support materials, and customer service and support.

Third-Party Payment Processors: We use third-party payment processors to handle transactions. Your payment information is processed directly by these processors, and we do not store complete payment card information on our servers.

Price Changes: We reserve the right to change our pricing at any time. Price changes will not affect purchases already completed.

Refund Policy: Refund eligibility depends on the specific service purchased and the stage of the evaluation process. Generally, assessment fees may be refundable if no LMHP consultation has occurred. Once an LMHP consultation begins, fees may not be fully refundable. If an LMHP determines you do not qualify for an ESA letter, partial refunds may be available. All refund requests must be submitted in writing to our customer service team.

Cancellation Policy: You may cancel services at any time, but cancellation may not result in a refund depending on services already rendered.

Chargeback Policy: Initiating a chargeback without first contacting us to resolve your concern may result in immediate termination of your account, being banned from future use of our Services, being reported to credit bureaus or collections agencies for disputed charges found to be valid, and legal action to recover costs associated with fraudulent chargebacks.

All content on our Website, including but not limited to text, graphics, logos, images, software, and the compilation of all content, is our property or the property of our licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for personal, non-commercial purposes only.

Restrictions: You may not reproduce, distribute, or create derivative works of our content without permission, use our trademarks or logos without express authorization, remove any copyright or proprietary notices from our content, or use our content for any commercial purpose without our written consent.

User Content: By submitting any content to our Website, you grant us a worldwide, royalty-free, perpetual license to use, modify, and display such content in connection with our Services.

Our Website may contain links to third-party websites or services that are not owned or controlled by Pro ESA Letter.

Disclaimer of Responsibility: We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites, any damage or loss caused by third-party websites or services, or the accuracy, completeness, or reliability of third-party information.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit. The inclusion of any link does not imply endorsement by Pro ESA Letter.

Third-Party Service Providers: We may use third-party services to provide certain aspects of our Services, such as payment processing, website hosting, or analytics. These providers have access to your information only to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

Your privacy is important to us. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

HIPAA Status: Pro ESA Letter is NOT a covered entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). However, the licensed mental health professionals who provide services through our platform may be covered entities and are responsible for complying with HIPAA requirements in their professional practice.

Data Collection: We collect information that you voluntarily provide, including personal identification information (name, contact details), health-related information you choose to share, payment information (processed by third-party processors), and communication records and service preferences.

Data Security: We implement reasonable security measures to protect your information, but no system is completely secure. You use our Services at your own risk regarding data security.

International Users: Our Services are primarily intended for users in the United States. If you access our Services from outside the U.S., your information may be transferred to and maintained on servers located in the U.S., where data protection laws may differ.

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS, WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION PROVIDED, AND WARRANTIES THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Service Limitations: We do not warrant that you will receive an ESA letter or any specific outcome from using our Services. The determination of whether you qualify for an ESA letter is made solely by independent licensed mental health professionals based on their professional judgment.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRO ESA LETTER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES, DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR INFORMATION, OR DAMAGES RESULTING FROM INTERRUPTIONS OR CESSATION OF OUR SERVICES.

Maximum Liability: Our total liability for any claim arising from or relating to these Terms or our Services shall not exceed the amount you paid to us for the specific service giving rise to the claim, or $100 if you haven't purchased anything through our Services.

Essential Purpose: The limitations in this section apply regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages. These limitations are fundamental elements of the basis of the bargain between you and us.

You agree to defend, indemnify, and hold harmless Pro ESA Letter, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, your violation of any third-party right including intellectual property or privacy rights, any content you submit or make available through our Services, your animal's behavior or actions, or your misrepresentation of any animal as an emotional support animal.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You agree not to settle any matter without our prior written consent.

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms, providing false or misleading information, engaging in prohibited activities, requests by law enforcement or other government agencies, unexpected technical or security issues, or your engagement in fraudulent or illegal activities.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

Survival: 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.

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions.

Dispute Resolution: You agree that any legal action or proceeding arising from or relating to these Terms or your use of our Services shall be brought exclusively in the federal or state courts located in [Your County], [Your State]. You hereby consent to the personal jurisdiction of such courts.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Time Limitation: Any cause of action or claim you may have arising out of or relating to these Terms or our Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Acceptance of Changes: By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using our Services.

Notification Method: We may notify you of changes to these Terms by posting the new Terms on this page with a new "Last Updated" date, sending an email to the address associated with your account, or posting a notice on our Website homepage.

It is your responsibility to review these Terms periodically for changes. Your continued use of our Services following the posting of changes constitutes acceptance of those changes.

If you have any questions about these Terms and Conditions, please contact us:

Customer Support: For general customer service inquiries, please visit our Help Center at https://proesaletter.com/help or email support@proesaletter.com.

Legal Notices: Official legal notices should be sent to our designated legal address above. We may require verification of your identity before responding to certain requests.