Agreement between User and ESArecs

Welcome to ESArecs. This website, located at https://www.esarecs.com, or ESArecs.com (collectively, the “Site”), is comprised of various web pages operated by ESArecs (collectively with its subsidiaries, affiliates, successors, and assigns hereinafter referred to as "ESArecs", “we”, “us” or "our"). The Site is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein as the Terms & Conditions of Service (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

ESArecs.com is an Online Health Questionnaire Site that employs a proprietary clinical decision support software to determine a patient's eligibility to receive a letter to designate their pet as an emotional support animal (ESA) or psychiatric service dog (PSD) . The software incorporates scientific and medical research with evidence-based outcomes from peer-reviewed publications, as well as the clinical expertise of several physicians. Our telehealth services (the "Services") receive medical information to determine if users are eligible to become Qualifying Patients so as to engage Treating Physicians in obtaining an ESA letter, PSD letter, or other healthcare services ("Services").   If you do not wish to be bound by any of these Terms, you many not use the Site and Services.

ESArecs does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine by the Treating Physicians. Treating Physicians are responsible for their services and for compliance with applicable laws and regulations in the their respective state. ESArecs is not liable for any professional advice you obtain from a Treating physician using the Site.

Acceptance

ESArecs does not replace your relationship with any licensed physician, other healthcare service, or other healthcare service provider. By using ESArecs services, you acknowledge and agree that ESArecs does not provide medical advice, care, diagnosis or treatment and is strictly a technology platform and infrastructure for connecting patients with an independent third-party Treating Physician. You further acknowledge and agree that the Treating Physicians using ESArecs are solely responsible for the provision of ESA or PSD letters, advice, instructions, treatment decisions and supervision over your health care. You further acknowledge that for proper diagnosis and treatment, it is important to provide your Treating Physician all information regarding your medical and health conditions, including without limitation, notifying your Treating Physician of all medications and herbal supplements you use. Even with the aforementioned disclosure and provision of information to your Treating Physician, the services provided by ESArecs do not have the benefits associated with an in-person examination allowing thorough study of your physical condition, unless you are physically evaluated by the Treating Physician. You therefore acknowledge your awareness of this limitation and agree to take on such accompanying risk.  Your access to and continued use of the Site constitutes your agreement to be bound by these Terms. If you do not accept these terms and conditions, or if you are under the age of eighteen (18), you must not access or use the Site.

Privacy

Your use of ESArecs.com is subject to ESArecs' Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

When you visit this Site and send phone messages, text messages, and/or emails to us, you are communicating with us electronically. As such, you consent to receive communications from us electronically. ESArecs will communicate with you by telephone, text, email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Site) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ESArecs is not responsible for third party access to your account that results from theft or misappropriation of your account. 

Right to Termination

ESArecs and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. ESArecs reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of this Agreement, including, without limitation, the suspension or termination of the Customer's access and/or Customer Account, which may involve deletion of any content you have uploaded in connection with your Customer Account. ESArecs will not have any liability whatsoever to you for any termination of your rights under these Terms including for termination of your Customer Account or deletion of any content you uploaded to the Site.

ESArecs may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, ESArecs reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Children Under Thirteen

ESArecs does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use ESArecs.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

ESArecs.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ESArecs and ESArecs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ESArecs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ESArecs of the site or any association with its operators.

Certain services made available via ESArecs.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ESArecs.com domain, you hereby acknowledge and consent that ESArecs may share such information and data with any third party with whom ESArecs has a contractual relationship to provide the requested product, service or functionality on behalf of ESArecs.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use ESArecs.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ESARecs that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ESArecs or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ESArecs content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ESArecs and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ESArecs or our licensors except as expressly authorized by these Terms.

You agree not to use the Site or any service ESArecs provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Agreement. This includes but is not limited to the following: you will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any ESArecs representative; engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable or impair our services or networks; attempt to gain unauthorized access to any user or Customer Accounts, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Site, or assist any other person or entity in doing so. ESArecs reserves the right to take whatever lawful actions it may deem appropriate in response to above mentioned violations and to cooperate with legal authorities in any investigation of any suspected or alleged crime or civil wrong.

International Users

The Service is controlled, operated and administered by ESArecs from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ESArecs Content accessed through ESArecs.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ESArecs, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ESArecs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ESArecs in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ESArecs agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESARECS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ESARECS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WEEDRECS AS OWNED AND OPERATED BY PERSONALRN, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESARECS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WEEDRECS AS OWNED AND OPERATED BY PERSONALRN, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction 

ESArecs reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ESArecs as a result of this agreement or use of the Site. ESArecs's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ESArecs's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ESArecs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ESArecs with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ESArecs with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

ESArecs reserves the right, in its sole discretion, to change the Terms under which ESArecs.com is offered without advance notice and at any time, by posting here and by sending you an email notification to the last email address you provided to us (if any). In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, use of the Site after such changes are posted will signify your acceptance of these revised terms. The most current version of the Terms will supersede all previous versions. ESArecs encourages you to visit this page periodically to review the Terms to stay informed of our updates. If you do not agree to be bound by all of these terms and conditions, do not use this Site or any service provided by ESArecs.

Contact Us

ESArecs welcomes your questions or comments regarding the Terms:

ESArecs

30131 Town Center Drive, Suite 211

Laguna Niguel, California 92677

Email Address:

support@esarecs.com

Effective as of December 1, 2023