Terms and Conditions

OVERVIEW

This website is operated by Service Dog Certifications. Throughout the site, the terms “we”, “us” and “our” refer to Service Dog Certifications. Service Dog Certifications offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read our FAQ and these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and that you understand the information listed in our FAQ. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, purchase any products or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

PLEASE READ THIS SECTION CAREFULLY

OUR PRODUCTS AND SERVICES ARE INTENDED TO BE USED BY INDIVIDUALS WITH LEGITIMATE ASSISTANCE ANIMALS. IF YOU ARE USING ANY OF OUR PRODUCTS OR SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ANIMAL COMPANION MEETS ALL APPLICABLE FEDERAL, STATE AND LOCAL LEGAL CRITERIA FOR ASSISTANCE ANIMALS. IF YOU ARE USING OUR PRODUCTS OR SERVICES FOR AN EMOTIONAL SUPPORT ANIMAL, YOU CERTIFY THAT YOU POSSESS A VALID AND CURRENT LETTER FROM A LICENSED MENTAL HEALTH PROFESSIONAL OR PHYSICIAN TO HAVE AN EMOTIONAL SUPPORT ANIMAL OR YOU WILL OBTAIN SUCH A LETTER BEFORE USING ANY OF OUR ESA PRODUCTS OR SERVICES. IF YOU ARE USING OUR PRODUCTS OR SERVICES FOR A SERVICE ANIMAL, YOU CERTIFY THAT YOUR ANIMAL QUALIFIES AS A SERVICE ANIMAL UNDER ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, INCLUDING THE AMERICANS WITH DISABILITIES ACT. IN ADDITION, YOU UNDERSTAND THAT FEDERAL, STATE AND LOCAL LAWS REGARDING ASSISTANCE ANIMALS ARE SUBJECT TO CHANGE IN THE FUTURE, AND YOU WILL CONTINUE TO ABIDE BY THE LATEST REGULATIONS. EMOTIONAL SUPPORT ANIMALS AND SERVICE ANIMALS ARE NOT THE SAME AND HAVE DIFFERENT LEGAL RIGHTS. YOU MAY NOT USE SERVICE ANIMAL PARAPHERNALIA FOR AN EMOTIONAL SUPPORT ANIMAL. YOU UNDERSTAND THAT FALSELY MISREPRESENTING A SERVICE ANIMAL OR EMOTIONAL SUPPORT ANIMAL IS UNETHICAL AND POTENTIALLY A CRIME.

YOU UNDERSTAND THAT OUR PRODUCTS AND SERVICES DO NOT CONFER ANY LEGAL RIGHTS ON YOU OR ANY OTHER INDIVIDUAL. FURTHERMORE, YOU UNDERSTAND THAT OUR PRODUCTS AND SERVICES DO NOT REPRESENT OR CERTIFY THAT YOU OR ANY INDIVIDUAL HAS A DISABILITY, HAS A “SERVICE ANIMAL” UNDER APPLICABLE LAW, OR IS ENTITLED TO ACCOMMODATION OF AN ASSISTANCE ANIMAL UNDER APPLICABLE LAW. YOU UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NEITHER INTENDED NOR CLAIMED TO DOCUMENT THE EXISTENCE OF A DISABILITY, AND THERE IS NO GUARANTEE THAT ANY THIRD PARTY WILL ACCORD YOU ANY RIGHT OR COURTESY AS A RESULT OF USING OUR PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR CHECKING WITH YOUR OWN MEDICAL PROVIDER AND LEGAL COUNSEL, AS APPROPRIATE, TO DETERMINE WHETHER YOU HAVE A DISABILITY AND AN ANIMAL COMPANION ENTITLED TO ACCOMMODATION UNDER RELEVANT DISABILITY LAWS.

YOU UNDERSTAND THAT THERAPY ANIMALS ARE NOT CONSIDERED SERVICE ANIMALS OR EMOTIONAL SUPPORT ANIMALS, AND DO NOT HAVE ANY RIGHTS UNDER THE AMERICANS WITH DISABILITIES ACT. IF YOU ARE PURCHASING A PRODUCT OR SERVICE FOR A THERAPY ANIMAL, YOU REPRESENT AND WARRANT THAT (I) YOU ARE AN EXPERIENCED PROFESSIONAL HANDLER OF THERAPY ANIMALS AND HAVE RECEIVED APPROPRIATE TRAINING, (II) YOUR ANIMAL HAS BEEN USED IN GROUP SETTINGS FOR THERAPEUTIC PURPOSES, (III) YOUR ANIMAL HAS BEEN APPROPRIATELY TRAINED AND VACCINATED, (IV) YOU AND YOUR ANIMAL ARE HEALTHY ENOUGH TO ENGAGE WITH VULNERABLE AND AT-RISK POPULATIONS, (V) ALL MEASURES WILL BE TAKEN TO ENSURE YOUR ANIMAL IS TREATED HUMANELY AT ALL TIMES AND (V) YOU WILL ADHERE TO ALL LAWS, RULES AND GUIDELINES THAT MAY APPLY TO YOUR THERAPY ANIMAL IN THE JURISDICTION IT IS BEING USED. NONE OF OUR PRODUCTS OR SERVICES ARE INTENDED TO CERTIFY OR VERIFY THAT YOUR ANIMAL IS SUITABLE AS A THERAPY ANIMAL.

You are fully liable for all actions of your animal and will indemnify us against any third party claims relating to your use of our products and/or services. You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

Notice for California Residents

(1) Certificates, identifications, tags, vests, leashes and harnesses do not entitle an emotional support animal to the rights and privileges accorded by law to a guide, signal, or service dog.

(2) Knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code of California.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. None of the information on this site is intended to be used as medical or legal advice. You should always consult a licensed professional for medical or legal advice.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

If you provide any information by or through the website that information must be truthful, accurate and not violate the rights of others.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You certify that you are an authorized user of this credit card and that you will not dispute the payment with your credit card company.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties or be fulfilled by third-parties

Third-party links on this site may direct you to third-party websites that may not be affiliated with us. We are not responsible for examining or evaluating the content or accuracy on these sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of any other website, whether such website is affiliated with us or not

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example forum posts) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION – PRIVACY POLICY

Your submission of personal information through the store is governed by our Privacy Policy below.

We care about your Privacy. For the purposes of the GDPR, Service Dog Certifications is both the “data controller” and a “data processor” of Personal Information. Our Privacy Policy below is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.

What information do we collect?

We collect and hold your Personal Information which may include your name, email address, phone number, mailing address, date of birth, type of animal(s), number of animals, any medical information that you provide, and any other information you have submitted to supply our goods and services to you. We may also collect your bank or credit card details and details about payments you have made.

We may also collect non-personally identifiable information about you (such as anonymous usage data, IP addresses and location, browser or platform type etc).

Please click on the links below to reach our support team if you would like to:

• Request a copy of your personal data.
• Request account closure and deletion of your personal data.

If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual recordkeeping requirements.

Sharing with trusted third parties

We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:

• Processing credit card payments
• Fulfilling a product or service you have ordered
• Evaluating your questionnaire
• Assessing your submitted information for any services
• Conducting contests or surveys
• Performing analysis of our Services and customers demographics
• Communicating with you, such as by way email or survey delivery
• Client relationship management

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).

Communicating with you

We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications.We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

• Email
• Text (SMS) messages
• Telephone calls
• Automated phone calls or text messages.

Transfer of personal data abroad.

If you utilize our Services from a country other than the country where our servers are located, your communications with us may result in transferring your personal data across international borders. In these cases, your personal data is handled according to this Privacy Policy.

Website Analytics

We use multiple web analytics tools provided by service partners such as Google Analytics, MixPanel and Singular to collect information about how you interact with our website or mobile applications, 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 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 (ex: Google for Google Analytics). 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.

Third-party websites

Our website and our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites.  Please read the privacy policy of any website you visit.

How we secure, store and retain your data

We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

• mandated by law, contract or similar obligations applicable to our business operations;
• for preserving, resolving, defending or enforcing our legal/contractual rights; or
• needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact us at info@servicedogcertifications.org.

California Residents Privacy Notice

Effective January 1, 2020, the California law known as the California Consumer Privacy Act (“CCPA”) allows, with some exceptions, California residents to request that a business that collects consumers’ personal information to give consumers access to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with the CCPA, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information.

Notice to Business-to-Business Consumers: Many of the obligations imposed by the CCPA currently do not apply to personal information reflecting communications or transactions between the business and a California resident where the resident is acting on behalf of another business, e.g., a business-to-business transaction. If your personal information is being processed within this context, your rights under the CCPA are limited.

Your Rights Under California Law

The following are your rights under California law:

• To request that the business disclose what personal information (about you) it collects, uses, discloses, and sells.
• To request deletion of your personal information collected or maintained by the business. This right is limited, and we may not always honor your request, particularly when it is necessary to maintain your information for legal purposes or to complete the business we have 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 a sale when you intentionally authorize us to disclose your personal information or interact with a third party. To exercise your right to opt-out, please contact us at info@servicedogcertifications.org.
• To not receive discriminatory treatment by the business for exercising any of the privacy rights conferred under the CCPA.

Exercising Your Rights Under the CCPA

How to make a disclosure request: You may request these disclosures by contacting us at info@servicedogcertifications.org. You have the right to make a free request two times in any 12-month period. We will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period.

Right of deletion: You have the right to request that we delete your personal information, subject to certain exceptions. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information, unless an exception applies. Contact us at info@servicedogcertifications.org to delete your data.

The CCPA permits using a designate an authorized agent to make a request on a consumer’s behalf. You may designate an agent by filling an agent-designation form. Both the designated agent and the consumer are subject to verification before accepting a consumer rights request.

All consumer rights requests are subject to verification by us. We verify requests by matching the information provided by the consumer to the personal information of the consumer already maintained by the business. In some instances, we may use your contact information to contact you in order to verify your identity.

Residents of the state of California have the right to request certain information from us with respect to the types of personal information we share with third parties for their direct marketing purposes, as well as the identities of the third parties we have shared such information with during the immediately preceding calendar year. To exercise your choices, please contact us at info@servicedogcertifications.org.

Age Restrictions

Our Services are available for purchase only for those over the age of 18.  Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our website or relating to any Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or related to any Service, should be taken to indicate that all information on the website or related to any Service has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose, including, without limitation, to falsely claim that an animal is a service animal, emotional support animal or therapy animal; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of any Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of any Service will be accurate or reliable.

You agree that from time to time we may remove a Service for indefinite periods of time or cancel a Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, any Service is at your sole risk. The products and services delivered to you through this website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Service Dog Certifications, our principals, owners, directors, officers, employees, affiliates, agents, representatives, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from: a. your use of any of any services and/or products procured from us, or for any other claim related in any way to your use of our website, b. your interactions with any healthcare professional or other persons involved with any other websites that we use to fulfill orders, c. your use of any products or services received from other websites (including a PSD letters or ESA letters), d. any dispute you may have with a third party relating to your use of any of our products or services (including housing providers and airlines) or e. the actions of your animal, ESA, therapy dog or service dog. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to our website, or relating to any activity, information, product or service, provided by us or any of our agents, employees or contractors. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with our website or any service or product offered through our website.

By accessing our website or purchasing or using any of our products and/or services you agree to fully release, indemnify, and hold harmless Service Dog Certifications and our principals, owners, directors, officers, employees, affiliates, agents, representatives, contractors and interns from any claims, costs (including, without limitation, attorneys’ fees), expenses or liabilities whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on our website; (b) your violation of these Terms of Service or of applicable laws or regulations; (c) any content you uploaded to our website; (d) your use of any products or services offered through our website (including those fulfilled by other websites); (e) the actions of your animal, ESA, therapy dog or service dog, (f) your interactions with a healthcare professional or any other person on another website that fulfills any of our products or services or (g) any dispute you may have with a third party relating to any product or service purchased from us or your animal (including housing providers and airlines). Service Dog Certifications reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Service Dog Certifications. Service Dog Certifications will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

SECTION 15 – OTHER TERMS

Entire Agreement: These Terms of Service constitutes the sole agreement between you and the Service Dog Certifications relating to your use of our website and the products and services offered through the website, and no representations, statements or inducements, oral or written, not contained in these Terms of Service shall bind either you or Service Dog Certifications.

Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

No Assignment: You may not assign, transfer or delegate your rights or obligations within these Terms of Service in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Service, and any rights and duties hereunder or thereunder. These Terms of Service shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.

No Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Service, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by Service Dog Certifications of any right under this Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Jurisdiction: The Terms of Service are governed by and construed in accordance with the laws of the State of Texas and controlling United States Federal Law without regard to any conflicts of law provisions.

Arbitration: Subject to the provisions of these Terms of Service, all disputes, controversies or claims arising out of or relating to these Terms of Service will be resolved through mandatory binding arbitration that will be conducted in Travis County, Texas as provided below. This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. 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 accordance with established arbitration rules of the AAA. In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to Service Dog Certifications at info@servicedogcertifications.org.

Any dispute must be initiated with an AAA arbitrator in Travis County, Texas, within one year of occurrence or to the maximum extent permitted by law. Any dispute that arises may only be resolved through an individual arbitration, and shall not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial, and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another. Both parties must keep the dispute confidential, to the maximum extent permitted by law.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Service Dog Certifications may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Service Dog Certifications reserves the right at all times to disclose any information as Service Dog Certifications deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

You agree that any violation or threatened violation of these Terms of Service constitutes an unlawful and unfair practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

All of our rights and obligations under these Terms of Service are freely assignable by us in connection with any merger, acquisition, or sale of assets, or by operation of law or otherwise. Any information you submit to us will be transferred to any acquirer or successor of our company without the need for notification or consent.

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service if you cease using our site or products or services by notifying us that you no longer wish to use our Services.

We may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Notwithstanding any provision in these Terms of Service to the contrary, the following provisions shall survive termination or expiration of these Terms of Service: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY, INDEMNIFICATION, OTHER TERMS.

SECTION 18 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@servicedogcertifications.org.