Terms And Conditions - ESA Documentation Certified by Healthcare Providers

1. OVERVIEW AND AGREEMENT TO TERMS AND CONDITIONS

This website, located at officialpets.com (collectively with any mobile application or platform connected or associated with this website, and any information stored herein and therein, as well as any products and services offered through any of the foregoing, the “Website”), is operated by Official Pets (“we”, “us”, and “our”). As used herein, “You”, “User”, “Users”, “Client”, and “Clients” means anyone who accesses and/or uses the Website or any of our services or products.

Official Pets is a company that employs Licensed Therapists who, when they deem it to be appropriate and necessary for the client in their independent judgment, can write a recommendation letter for an Emotional Support Animal (ESA)/Psychiatric Service Dog (PSD) or a letter assessing whether client meets the definition of “disability” under the Americans with Disability Act (ADA), Air Carrier Access Act (ACAA), and/or Fair Housing Act (FHA). Each client is evaluated on an individual basis by a Licensed Therapist and Official Pets does not guarantee that an ESA Letter or PSD Letter will be issued to the client in each case. In the unlikely event that the client does not qualify for an ESA or PSD Letter, a 100% refund will be issued to the client. Furthermore, any and all content stated or posted on the Website or available through any service or product offered by Official Pets is not intended to be, and must not be taken to be, a substitute for professional medical, psychological or psychiatric diagnosis, advice or treatment, or other professional healthcare.

A Medical Doctor, Therapist, and/or respective Healthcare Provider should be contacted in the event of any presumed medical or psychological problem. Medical advice received from your appropriate Healthcare Provider should never be disregarded or delayed based on information on the Website or in relation to an issuance of an ESA or PSD Letter from Official Pets. A consultation with your Physician, Therapist, or other Licensed Healthcare Provider, should always be completed prior to seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication, supplements, routine, or procedures. The Official Pets Website refrains from recommending or endorsing any specific tests, products, services, procedures, Healthcare Providers, or opinions. Official Pets is not responsible for any losses or damages caused by your dependence on anything stated on the Website or by your utilization of any products or services offered through the Website.

If you’re experiencing a medical emergency or you feel that you might hurt yourself or someone else, please call 911 immediately. Also, If you are in crisis, reach out to a crisis help line. You can reach the Suicide & Crisis Lifeline by dialing 988. We do not have a 24-hour hotline for medical emergencies; nor do we handle requests in crisis situations.

IMPORTANT NOTICES

ESA or PSD consultations with a Licensed Therapist employed by Official Pets is of voluntary nature. The Licensed Therapist will determine the client’s need or eligibility for an ESA or PSD. All information provided by the client during the ESA or PSD consultation is kept strictly confidential unless proper release of information is provided. The Licensed Therapist is obligated by law to report all instances of self-harm or abuse to the proper authorities.

The client will not hold Official Pets and its Licensed Therapists accountable or responsible for the actions of the client’s pet(s). The client is responsible for any damages their pet(s) may cause. The client will pay any damages or legal fees in the event of a lawsuit filed against the damages caused by their pet. Official Pets’ Licensed Therapists only certify that the client requires the emotional support or psychiatric service of their pet and do not claim any liability or responsibility for the actions or damages caused by the client’s pet. The client agrees to take full responsibility for the behavior or damages caused by their pet(s).

Official Pets does not provide guarantees, claims, or warranties concerning the rights or responsibilities individuals may have with respect to federal or state disability or any other laws. We do not certify or represent any specific individual as having a disability or being entitled to accommodation under relevant laws. We cannot provide assurance that individuals, companies, or governmental entities will necessarily agree with the viewpoints expressed by any user of this Website. Furthermore, we cannot assure that buying our products or services will result in a diagnosis of disability, the issuance of an ESA or PSD Letter from a particular Healthcare Provider, or obtain the typical accommodations provided to individuals legally recognized as disabled. If you do not have legal recognition as disabled, you might not be eligible for accommodation rights under relevant laws. Therefore, any information, services, or products obtained via this Website might not provide you with any benefits. We cannot ensure that any third party will grant you rights based on the use of any of our products or services. While possessing an ESA or PSD Letter from one of our Licensed Therapists may hold value, it does not assure that the individual has a disability under state or federal laws, nor does it ensure any specific accommodation from housing providers, hotels, public establishments, or any other entity or individual. ESAs have certain rights for housing under federal law, but may not receive accommodation in private or public establishments. ESAs are not “Service Animals” as defined by law and may not necessarily be provided with the same level of accommodation. You acknowledge that it can be illegal to falsely represent a pet as a “Service Animal.”

A PSD is a trained service dog that performs tasks that can help relieve an individual’s mental health disability. The PSD Letter service offered on the Website is solely intended to help the client evaluate with the assistance of a Licensed Therapist whether they have a qualifying disability for a Service Dog under the ADA, ACAA, or FHA. The PSD Letter service also aims to help you establish eligibility and prevent possible complications with housing providers, airlines, or establishment personnel, but we cannot guarantee that it will. The purpose of a PSD Letter is to provide personal assurance and is not necessarily meant to be presented to any outside party for validation or confirmation of a Service Animal unless you personally choose to do so. It is up to you to self-certify to third-parties that your animal is a fully trained Service Dog that adheres to the legal standards set by ADA, FHA, ACAA, or other Assistance Animal regulations. Documents such as letters, certifications, licenses, and registrations do not convey any rights under the ADA, ACAA, FHA, or any other Service Animal laws, and the United States Department of Justice (DOJ) does not recognize them as proof that a dog is a Service Animal. There are no organizations or individuals that can officially certify your pet as a Service Animal. The PSD Letter does not in any way confirm, verify, certify or represent that you own or will own a Service Dog for purposes of the ADA, FHA, ACAA, or any other disability law. While our Licensed Therapists are responsible for assessing your mental and emotional well-being, they are not authorized to make assertions or certifications regarding your pet’s qualifications as a Service Dog, its training, or its temperament. It is important to understand that a PSD Letter does not guarantee any specific rights. It is your responsibility to determine if your animal meets the necessary criteria to be considered a legitimate PSD under applicable assistance animal laws. In regards to air travel, you will need to self-certify that your dog is a Service Animal by completing the United States Department of Transportation (DOT) “Service Animal Air Transportation Form.” Making false claims about an animal being a Service Animal is considered a punishable offense under the law. If you are uncertain about whether your animal qualifies as a Service Animal according to the legal definition, it is advisable to seek guidance from a legal professional. They can assist you in clarifying any doubts or concerns you may have.

By accessing the Official Pets Website and/or purchasing products and/or services from us, you acknowledge that you have read, understood, and accepted all the terms, conditions, policies, and notices stated here. Your use of the Website and any transactions you make are subject to these “Terms and Conditions.” You confirm that you are at least eighteen (18) years old and possess the legal capacity to enter into agreements, including these “Terms and Conditions.” Official Pets reserves the right, at its sole discretion, to refuse providing products or services if you fail to meet any eligibility requirement or for any other reason. It is important that you carefully read and understand these ”Terms and Conditions” before accessing or using our Website, products, or services. By accessing or using any part of the Website, or engaging with our products or services, you agree to be bound by these “Terms and Conditions.”

2. REFUND POLICY

If for any reason one of our Licensed Therapists determines you’re not qualified for an ESA or PSD Letter, we will issue a 100% refund. Furthermore, in the rare instance where your letter does not work as intended and we’ve tried to make it work with your landlord, we will refund your purchase 100%. You acknowledge that the final decision on accommodating your ESA or PSD request lies with the landlord. It is possible that some landlords may be against ESAs/PSDs or may not be aware of the regulations, which could result in the denial of your federally protected right to have an ESA or PSD with you. We are committed to offering our utmost support to assist you in resolving any challenges that may arise with your landlord. Please be aware that ESAs and PSDs are subject to various laws and regulations, and it is impossible to predict how these rules may change in the future. Official Pets will not provide refunds in the event that any changes in these rules prevent or restrict your ESA or PSD from being accommodated, including situations related to housing or air travel, or if any changes affect your rights as an ESA or PSD owner. It is also important to note that refunds will not be issued if an airline or an establishment refuses to accommodate your PSD or ESA. Refunds for PSD Letters will only be issued if, in the unlikely event, your housing provider denies the letter.

3. PAYMENT PROCESSING AGREEMENT

Payment processing services for clients on the Official Pets Website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a client on the Website, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Official Pets enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorize us to share this and other transaction information related to your use of the payment processing services provided by Stripe.

4. DISCLAIMERS

Official Pets’ Website is informational and educational in nature and is offered only as general information. The “Website” includes information displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, logos, graphics, illustrations, video clips, audio clips, computer software and code, as well as information electronically submitted to us via the Website. We cannot guarantee the accuracy, completeness, or timeliness of the information provided on this Website. The material on this Website is intended for general information purposes only and should not be solely relied upon for making decisions. It is advisable to consult primary, more accurate, complete and up-to-date sources of information before making any decisions. Any reliance on the material on this Website or the products/services offered is done at your own risk. Please note that certain information on this site may be historical and not current, provided solely for reference purposes. We reserve the right to modify the contents of this Website at any time, without any obligation to update the information. It is your responsibility to monitor any changes to our site.

The Website is not intended to create and does not constitute any professional relationship between you and Official Pets or any of its employees, contractors, advisors, representatives, affiliates, or agents. Engaging in communications on or through the Website does not establish any client-professional relationships and does not entail any associated privileges or confidentiality protections. This Website is not intended to solicit clients, and it should not be considered as a source of medical, psychological, or any other professional advice. It is important to note that the information provided on the Website should not be used for diagnosing or treating health problems or diseases. The content of the Website is not exhaustive and may not cover all aspects of the relevant subject matter.

It is important to understand that clients may not necessarily achieve the same or similar results as others who have shared testimonials and endorsements about our products and services. The testimonials we post are purely for informational purposes and we do not make any claims that everyone will have the same or similar experiences as mentioned in those testimonials. Please understand that each case is unique, and the results described by individuals who have provided testimonials or endorsements may not be indicative of what every client should expect to experience. Any information on our Website that could be seen as a testimonial or endorsement should not be considered as a guarantee, warranty, or prediction of the outcome of any past, ongoing, or future interaction or conversation with you.

We want to emphasize that we are not legal professionals or a law firm, and therefore we do not provide any legal advice. Our Website does not offer or constitute legal advice or counsel. It is important to note that the content on our Website may reference federal, state, and local regulations regarding Assistance Animals and/or Telehealth. However, we cannot guarantee the accuracy or applicability of this content. Laws, regulations, guidelines, and other rules pertaining to Assistance Animals and Telehealth are subject to constant change and interpretation. Therefore, we cannot guarantee that the information on our Website is current, complete, accurate, or relevant. Please be aware that the articles posted on our Website are not regularly updated. It is strongly advised that for any legal inquiries, you seek assistance from a qualified lawyer or directly refer to the latest federal, state, or local rules that are applicable to your specific circumstances.

5. GENERAL CONDITIONS

Official Pets has the authority to decline services to anyone at any time, for any reason. By using the Website, you agree not to utilize any of our services and products in an unlawful or unauthorized manner, or in a way that goes against our policies, guidelines, rules, or these Terms and Conditions. Official Pets retains the right to take necessary lawful actions in response to actual or suspended violations of these terms and conditions, including the potential suspension or termination of your access to our products or services. Please be aware that you are prohibited from engaging in certain activities while using our Website or services. Some examples of these activities include but not limited to: impersonating another person or entity, misrepresenting your affiliation with someone else, violating any local, state, national, or international laws through the use of our Website or services, distributing viruses or other harmful computer code through the Website, or using the services or Website in a way that exceeds the granted scope of use. Official Pets will not be held liable whatsoever for any termination of your rights under these Terms and Conditions, including the termination of any products or services provided to you or the deletion of any content you have submitted to the Website. Additionally, you are not allowed to duplicate, reproduce, copy, sell, resell, or exploit any part of the Website without obtaining express written permission from us.

6. MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES

Please note that the prices of our products and services may change without prior notice. We have the right to modify or discontinue any products or services, or any part thereof, at any time without giving notice. We are not responsible for any inconvenience caused by modifications, price changes, suspensions, or discontinuations of our products or services. Descriptions of our products or services are subject to change at our sole discretion and without notice. Any offers made on our Website for products or services are void where prohibited by law. We reserve the right to limit the availability of our products and services to specific individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis. We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained through us will meet your expectations. Additionally, we do not guarantee that any errors or defects in our products or services will be corrected.

7. ERRORS, INACCURACIES, AND OMISSIONS

At times, you may come across information on our Website that contains typographical errors, inaccuracies, or omissions, particularly service descriptions, pricing, and offers. We reserve the right to rectify any such errors, inaccuracies, or omissions. This includes the right to change or update information, as well as cancel orders if any information on our Website is found to be inaccurate, even after you have submitted your order. It is important to note that we are not obligated to regularly update or clarify information on our Website, such as pricing information, except as required by law. Therefore, the absence of a specified update or refresh date should not be interpreted as an indication that all information on the Website has been modified or updated.

8. PRIVACY POLICY / PERSONAL INFORMATION

At Official Pets, we prioritize your privacy and are dedicated to safeguarding your personal information. Our Privacy Policy aims to outline the collection, usage, and purpose of the data we gather from you. Additionally, it provides you with options to manage and control your personal data, including accessing and updating it.

INFORMATION OFFICIAL PETS COLLECTS

We gather and retain your personal details, such as your name, email address, phone number, mailing address, date of birth, information about the type and number of animals you have, any historical data you provide, responses to questionnaires, and any other information you have shared with us in order to provide our products and services to you. Additionally, we may collect information related to your bank or credit card, as well as details about any payments you have made. Information you provide to Official Pets about yourself (through the questionnaire on our Website or otherwise) will be accessed by our employees. Such access is necessary for the purpose of: connecting you with the best Licensed Therapist for your specific case, evaluating your eligibility for an ESA or PSD, and engaging in any additional activities necessary to fulfill your order or request with us. We may also collect non-personally identifiable information about you (such as IP addresses and location, anonymous usage data, browser or platform type, etc).

Should you wish to obtain a copy of your personal data or request the closure and deletion of your account, please reach out to our Client Support Team. If you decide to request the deletion of your personal data and that data is essential for the products or services you have acquired, we will fulfill the request to the extent that it is no longer necessary for any purchased products or services or required for our legitimate business purposes, legal obligations, or contractual recordkeeping requirements.

SHARING INFORMATION WITH TRUSTED THIRD PARTIES

We may disclose your personal data to third-party partners with whom we collaborate to integrate their services into our own offerings. Additionally, we may share your personal data with trusted service providers who perform services on our behalf, including but not limited to:

Engaging in communication with you, utilizing methods such email or survey deliver
Evaluating your submitted information for any services
Conducting an analysis of our services and demographics of our customers
Client relationship management
Payment processing for credit card transactions

We ensure that your personal data is shared with third parties only when it is necessary for them to provide the requested services or to assist us in delivering our services. These third parties, including any subcontractors, are bound by stringent data processing agreements and are strictly prohibited from using, sharing, or retaining your personal data for any purpose other than what has been specifically contracted for.

COMMUNICATING WITH YOU

We may contact you directly or through a third party service provider regarding services you have signed up for or purchased from us. We may also contact you with offers for additional services we think you may find valuable if you give us consent, or where allowed based upon legitimate interests. We may, for example, send you follow up emails if you fail to complete the questionnaire or checkout process. These contacts may include:

We may reach out to you either directly or through a third-party service provider regarding the services you have signed up for or purchased from us. Additionally, we may contact you to present offers for additional services that we believe you may find valuable, but only if you provide us with your consent or if it is allowed based on legitimate interests. For instance, if you did not complete the checkout process, we may send you follow-up emails. These contacts may include: emails, phone calls, or text messages.

WEBSITE ANALYTICS

Official Pets utilizes multiple web analytics tools provided by service partners to collect information about how you interact with our Website, including what pages you visit, what site you visited prior to visiting our Website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our products and services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our Website. Each cookie cannot be used by anyone other than the service provider. The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies.

Official Pets employs various web analytics tools from our service partners to gather insights on how you engage with our Website. This includes tracking the pages you visit, the site you accessed before coming to our Website, the duration of your visit on each page, the type of operating system and web browser you use, as well as network and IP information. The information obtained through these tools is utilized to enhance our products and services. Cookies are small bits of information that are stored by your computer’s web browser. To identify you as a unique user during your subsequent visits, these tools place persistent cookies in your browser. It’s important to note that these cookies can only be accessed by the respective service providers and cannot be used by anyone else. The data collected from these cookies might be transmitted to and stored by our service partners on servers located in a different country than your place of residence. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies.

THIRD-PARTY WEBSITES

Please note that when you access our Website and mobile applications, you may encounter links to external websites. It is important to understand that we cannot be held accountable for the privacy practices, or the content found on these third-party sites. We highly recommend reviewing the privacy policy of any website you choose to visit.

SECURITY, STORAGE, AND RETAINMENT OF DATA

We use reasonable measures for storing and safeguarding the personal data we gather. This entails employing encryption protocols when necessary, both during the transmission of data and while it is being stored. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. We will retain your personal data for as long as is necessary to fulfill the purpose for which we obtained your personal information and any other permitted purposes permitted by law, and in compliance with our data retention policies. For example, we will retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes, enforce our legal agreements and policies, or maintain adequate and accurate business and financial records.

CHANGE OF CONTROL

In the event that we make a decision to sell our business or this Website, your personal data will be considered as an asset and will be transferred to the new business as part of the business transfer.

MARKETING/ADVERTISING

We may collaborate with selected third-party vendors such as Google, Facebook, Instagram, TikTok, or others. This partnership allows us to utilize tracking technologies and remarketing and retargeting services, which involve the use of first-party and third-party cookies to track you across the internet. These cookies help us analyze and monitor how users engage with the Website, assess the popularity of specific content, and gain a deeper understanding of online activity. Once you leave this Website, Google, Facebook, Instagram, TikTok, and the other third party platforms we may use, will show you advertisements from us. You may opt out of the remarketing and retargeting platforms we currently use or may use in the future on the third-party’s website. By accessing our Website, you are giving your consent for these third-party vendors to collect and use your information. We recommend reviewing their privacy policy and contacting them directly if you have any questions or concerns.

CALIFORNIA RESIDENTS PRIVACY NOTICE

The California Consumer Privacy Act (CCPA), a legislation enacted in 2020, grants California residents with additional rights and options concerning their personal information. Here are the rights afforded to you under California law:

To make a request to the business in order to obtain information about the personal data it collects, uses, discloses, and sells, specifically pertaining to you.
To request the removal of your personal information that has been collected or stored by the business. However, please note that there are certain limitations to this right. In some cases, we may not be able to fulfill your request, especially if it is necessary to retain your information for legal reasons or to fulfill our ongoing business obligations with you.
To opt-out of the sale of your personal information by the business. A “sale” occurs when your personal information is exchanged with a non-service provider, third party in exchange for valuable consideration. It is not considered a sale when you intentionally authorize us to disclose your personal data or interact with a third party. To exercise your right to opt-out, please contact us at support@officialpets.com.
To be free from any discriminatory treatment by the business for exercising your privacy rights under the CCPA.

9. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

Official Pets cannot guarantee, represent, or assure that your use of our products or services will be uninterrupted, timely, secure, or error-free. We also cannot guarantee any specific outcome from using our products or services. By using our products or services, you agree that any potential issues or inability to use them is solely your responsibility. The products or services available on our Website are provided “As Is” and “As Available” without any warranties or conditions, whether expressed or implied. This includes but is not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Official Pets and its employees be held liable for any injuries, losses, claims, or any type of damages, be it direct, indirect, incidental, punitive, special, or consequential in nature. This includes but is not limited to damages such as lost profits, lost savings, lost revenue, loss of data, replacement costs, or any similar damages. Whether arising from contract, negligence, strict liability, or any other legal basis, this limitation of liability applies to the following situations:

Any services of products you acquire from us or Licensed Therapists, or for any other claim associated with your use of the Website. Your utilization of an ESA Letter or PSD Letter.
Any recommendations provided to you by your assigned Licensed Therapist.
Any dispute that might arise between you and a third party relating to your ESA Letter, PSD Letter, or pet (including housing providers, airlines, establishments, etc.).
Any actions of your pet, ESA, or PSD. As certain states or jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages, in such cases, our liability will be restricted to the fullest extent permitted by law.

Our liability to you, for any reason, is limited to the amount you paid for any product or service purchased from us through the Website. This is your sole and exclusive remedy for any cause or claim whatsoever. However, any claims related to your use of the Website must be brought within one year from the event that gave rise to the action. It is important to understand and agree that by using the Website, you waive any right to participate in a lawsuit or class action suit for any losses or damages resulting from your use of the Website or any products or services offered through it.

10. INDEMNIFICATION

By accessing or engaging in activities on the Website, or utilizing any activity, information, product, or service provided by Official Pets, you fully comprehend, acknowledge, and voluntarily accept all risks involved. These risks encompass psychological and emotional aspects, regardless of whether they are foreseeable by either party. You hereby undertake sole and personal responsibility for any form of injury, harm (including psychological or emotional injuries), illness, damage, loss, claim, liability, or expense, of any nature or kind that may be incurred by your person or property, directly or indirectly, in relation to or arising from the use of the Website or any service or product made available through the Website.

By accessing the Website, or acquiring or utilizing any of our products and/or services, you hereby consent to a complete release, indemnification, and absolution of Official Pets from any and all claims, costs (including, but not limited to, attorneys’ fees), expenses, or liabilities of any kind or nature, as well as any form of damage or injury, whether personal, financial, emotional, psychological, or otherwise, that may arise at any point in time in connection with or relating to:

Your use of or dependence on the Website.
Your breach of these Terms and Conditions or any relevant laws or regulations.
Any content uploaded by you to the Website.
Your utilization of an ESA Letter or PSD Letter.
Any actions of your pet, ESA or PSD.
Your interaction with your assigned Licensed Therapist or any of our employees.
Any dispute that may arise between you and a third party relating to your ESA Letter, PSD Letter or pet (including housing providers, airlines, establishments, etc.).
Your use of any products or services provided through the Website.

Official Pets has the right to assume, at your expense, the exclusive defense and control of any matter that requires you to indemnify us. In such cases, you agree to cooperate with our defense of these claims. You are not allowed to settle any matter without obtaining the prior written consent of Official Pets. We will make reasonable efforts to notify you of any claim, action, or proceeding as soon as we become aware of it.

11. TERMINATION

The obligations and liabilities of the parties that were incurred before the termination date will continue to be valid after the termination of this agreement. We have the right to terminate these Terms and Conditions and your access to any products or services offered through the Website at any time, for any reason, solely at our discretion, without prior notice. In such cases, you will still be responsible for any outstanding amounts up until the termination date. On the other hand, you have the option to terminate these Terms and Conditions by informing us that you no longer wish to use our products or services. However, you will still be held accountable for any amounts due up until the termination date. Regardless of any other provision in these Terms and Conditions, the following provisions will remain in effect even after the termination or expiration of these Terms and Conditions: Overview and Agreement to Terms and Conditions; Refund Policy; Disclaimers; General Conditions; Modifications to Products, Services, and Prices; Errors, Inaccuracies, and Omissions; Privacy Policy / Personal Information; Disclaimer of Warranties / Limitation of Liability; Indemnification; Modifications to Terms and Conditions; and Other Terms.

12. OTHER TERMS

HEADINGS

Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the provisions.

ENTIRE AGREEMENT, SEVERANCE, AND WAIVER

These Terms and Conditions (together with our Privacy Policy, which is expressly incorporated herein) represents the sole agreement between you and Official Pets relating to your use of the Website and products and services offered through the Website, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either you or Official Pets. Should any part of this Agreement for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of this Agreement had been eliminated. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

ASSIGNMENT

You may not assign, transfer or delegate your rights or obligations within these Terms and Conditions in whole or in part without our prior written consent. We may freely transfer, assign, or delegate all or any part of these Terms and Conditions, and any rights and duties hereunder or thereunder. These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assigns of the parties.

We reserve the right to freely transfer all our rights and responsibilities outlined in these Terms and Conditions in relation to any merger, acquisition, or asset sale, or as required by law or other circumstances. Any information you provide to us may be transferred to any acquiring or succeeding entity of our company without requiring prior notification or consent.

CHOICE OF LAW

The Terms and Conditions are governed by and interpreted in accordance with the laws of the State of Florida and controlling United States Federal Law without regard to any conflicts of law provisions.

ARBITRATION

Subject to the stipulations set forth in these Terms and Conditions, any disputes, controversies, or claims arising from or pertaining to these Terms and Conditions shall be settled through mandatory binding arbitration to be carried out in Palm Beach County, Florida as provided below. This agreement incorporates an arbitration provision to address and settle disputes. It explicitly prohibits any class or representative court action or jury trial. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in adherence to the established arbitration rules of the American Arbitration Association (AAA). To seek a resolution for any dispute with utmost cost efficiency and optimal contentment, we advise reaching out to us first for an amicable resolution. However, you retain the right to directly proceed to arbitration, on the condition that prior to initiating arbitration, you first send notice to Official Pets at support@officialpets.com. Any dispute arising must be initiated with an arbitrator designated by the AAA in Palm Beach County, Florida, within one year from the date of occurrence or as allowed to the fullest extent permissible by law. Any such dispute shall solely be resolved through individual arbitration, and shall not be pursued as a class action, class arbitration, or any other form of collective proceeding where an individual serves as the representative of any other individual or individuals. You acknowledge and consent that there is no right to a jury trial, and this provision shall be governed by the substantive and procedural regulations of the AAA to the fullest extent permissible by law. The appointed arbitrator is without jurisdiction to conduct a class arbitration or any other representative proceeding, and is prohibited from consolidating the claims of one party with those of another. Both parties are obligated to maintain the confidentiality of the dispute, to the maximum extent allowed by law.

COMPLIANCE WITH LAW

Official Pets hereby asserts its capacity to cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged criminal activity or civil wrong. It is hereby established that Official Pets possesses the absolute right to disclose any information, as deemed essential by Official Pets, to comply with any pertinent law, regulation, legal procedure, or governmental request, without exception.

VIOLATIONS OF TERMS AND CONDITIONS

By agreeing to these Terms and Conditions, you acknowledge that any violation or potential violation of these Terms and Conditions is considered an unlawful and unfair business practice that will cause us immeasurable and irreparable harm. Furthermore, you acknowledge and consent that the provision of monetary damages would be insufficient to rectify the aforementioned harm, and as such, you hereby grant your consent to our acquisition of any injunctive or equitable relief that we, in our discretion, deem necessary or appropriate. It’s important to note that these remedies are supplementary to any other remedies that we may possess under the law or in equity.

13. MODIFICATIONS TO TERMS AND CONDITIONS

The most recent version of the Terms and Conditions can be accessed at any time on this designated page. We retain the exclusive authority to update, modify, or replace any portion of these Terms and Conditions by posting updates and revisions on the Website. It is your responsibility to periodically review the Website for any changes. By continuing to use or access the Website, or by engaging in the use of any products or services provided on the Website subsequent to the posting of any modifications to these Terms and Conditions, you signify your acceptance of those changes.

14. CONTACT INFORMATION

If you have any inquiries or concerns pertaining to the Terms and Conditions, please feel free to reach out to us at support@officialpets.com. We are here to help and address any questions you may have.

15. USING FONTS ON THE SITE

On this site we use the font “Mont”. It was created by Svetoslav Simov, a Bulgarian designer, in 2014. We use this font under the SIL OFL license. You can go to the license page to read its terms and conditions.