Emotional Support Animal Assessment

Terms of Service & Policies SECTION 1 – OVERVIEW AND ACCEPTANCE OF TERMS AND CONDITIONS This assessment (collectively with any mobile apps or platform associated with this assessment, and any information stored herein and therein) is maintained by Meraki Counseling, LLC. Meraki Counseling, LLC is not a medical clinic or health care provider and is not engaged in the practice of medicine or any physical health care profession. I am a Wisconsin Licensed Professional Counselor in good standing (license #: 11367 - 125) who, when I deem it to be appropriate and necessary for the client in their independent judgment, can write a recommendation letter for an emotional support animal, assessing whether a client meets the definition of “disability” under the ADA, ACAA and/or FHA. Each client is evaluated on an individual basis and does not guarantee that an emotional support animal letter or psychiatric service dog (PSD) letter will be issued to the client in each case. If you are in crisis, reach out to a crisis hotline. You can reach the National Suicide Hotline by dialing 988. I do not have a 24-hour hotline for medical emergencies, nor do I handle requests in crises. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor, therapist, or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information in this assessment or because of the issuance to you of an emotional support animal letter or PSD letter. Always consult your physician, therapist, or other licensed healthcare provider before seeking any new treatment or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication, or procedure. Nothing mentioned in this assessment is intended as a recommendation or endorsement of any specific tests, products, services, procedures, healthcare providers, or opinions. I am not liable for any losses or damages caused by your reliance on anything outlined in this assessment or by your usage of any products or services offered. Important Notices Meraki Counseling, LLC makes no claims, guarantees, or warranties concerning rights or obligations any individual may have under federal or state disability or other laws. I do not provide any representation or certification that any given individual has a disability or is entitled to accommodation under relevant laws. I can't guarantee that individuals, companies, or governmental entities will agree with any position that any user of this assessment may take. Nor can I guarantee you will necessarily be diagnosed with a disability or receive an ESA letter or receive accommodation generally afforded to the legally disabled. If you are not legally disabled, then you may not be entitled to accommodation rights under relevant laws, and any information, services, or products received via this assessment may confer no benefit upon you. There is no guarantee that I will accord you any right or courtesy based on the results of this assessment. For example, ESAs have certain rights for housing under federal law, but may not receive accommodation in restaurants or other public or private establishments. An ESA is not a “service animal” as defined by law and may not necessarily be accorded the same level of accommodation. You understand that it can be a crime to falsely represent a pet as an assistance animal. A service dog (including a psychiatric service dog) is a trained animal that performs tasks relating to a person’s disability. Documents like PSD letters, certifications, licenses, and registrations do not convey any rights under the Americans with Disabilities Act, Air Carrier Access Act, Fair Housing Act, or any other service animal laws, and the DOJ does not recognize them as proof that a dog is a service animal. No organization or individual can “officially” certify that your animal is a service animal. The PSD letter service offered on this assessment is solely intended to help clients evaluate, with the assistance of an LHCP, whether they have a qualifying disability for a service dog under the ADA, FHA or ACAA. 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. The role of the LHCP is limited to evaluating your mental and emotional health. They can't make any representations or certifications about the qualification of your animal as a service dog or its training or temperament. A PSD letter does not confer any rights and is not intended to be submitted to third parties. It is up to you to determine whether your animal is a true service dog that meets the requirements of relevant assistance animal laws. For air travel, you will have to self-certify that your dog is a service dog on the U.S. Department of Transportation’s Service Animal Air Transportation Form. Fraudulently claiming that an animal is a service animal is unethical and potentially a punishable crime. If you are unsure about whether your animal meets the legal definition of a service animal, you should consult a legal professional. Meraki Counseling, LLC makes no designation or recommendation as to the specific animal an individual can or should have as their emotional support animal or service animal. Meraki Counseling, LLC makes no representation as to a particular animal’s fitness to function as an emotional support animal or service animal, and assumes no liability for the actions of the non-assistance animal, emotional support animal, service animal, or their handler/owner under any circumstance. Please read the section under “Disclaimers” for additional important details. Meraki Counseling, LLC offers this assessment to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By taking this assessment, you agree to be bound by the following terms and conditions (“Terms of Service”), and those additional terms, conditions, and policies referenced herein and/or available by hyperlink. You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into agreements, including these Terms of Service. I may, in my sole discretion, refuse to provide services to you due to noncompliance with any eligibility requirement or for any other reason. Please read these Terms of Service carefully before accessing or using this assessment. By accessing or using any part of this assessment, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of these Terms of Service, then you may not take this assessment. SECTION 2 – REFUND AND CANCELLATION POLICY I do not give refunds for the assessment or drafting of ESA letters. You understand that it is ultimately up to the landlord or airline to accommodate your ESA request. Some landlords may be averse to ESAs or unaware of ESA rules and may deny your federally protected right to be accompanied by an ESA. Not all airlines accept emotional support animals, and they are not obligated under U.S. law to do so. Finally, please note that ESAs are governed by various laws and regulations, and I can’t predict how these rules will evolve. SECTION 3 –DISCLAIMERS This assessment is informational and is provided only as general information and is not medical or psychological advice, opinion, diagnosis, or treatment. This assessment is not intended to solicit clients or patients. This assessment content is not comprehensive and does not include all the potential information regarding the relevant subject matter, but is merely intended to serve as one resource for educational purposes. You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. My license information, which you can independently verify using Wisconsin’s DSPS license verification webpage (https://license.wi.gov/s/license-lookup). You assume all risk of pursuing any course of action following receipt of information by any party. Clients generally may not be expected to achieve the same or similar results as others who have used this assessment. I am not a lawyer and do not provide any legal advice. This assessment neither offers nor constitutes legal advice or counsel. This assessment may contain content that references federal, state, and local rules regarding assistance animals and/or telehealth. I do not make any representations or warranties as to the accuracy or applicability of this content. Laws, regulations, guidelines, and other rules regarding assistance animals and telehealth are constantly evolving and subject to interpretation, and I make no representations or guarantees as to whether any information on this assessment is current, complete, accurate, or relevant. You should not rely on any content on this assessment for any advice, guidance, or information of a legal nature. To answer legal questions, you should always seek help from a licensed professional or directly reference the latest federal, state, or local rules applicable to your circumstances. SECTION 4 – GENERAL CONDITIONS I reserve the right to refuse service to anyone for any reason at any time. You agree not to use this assessment or any product or service Meraki Counseling, LLC provides unlawfully or illegitimately or in any manner. SECTION 5 – 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 concerning this assessment. 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 the this assessment or any service or product offered through the this assessment. By accessing the this assessment, you agree to fully release, indemnify, and hold harmless Meraki Counseling, LLC 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 about: (a) your use of or reliance on the this assessment; (b) your violation of these Terms of Service or applicable laws or regulations; (c) any content you uploaded to the this assessment; (d) your use of an ESA letter or PSD letter; (e) the actions of your animal, ESA or service dog, (f) your interaction with any LHCP, (g) any dispute you may have with a third party relating to your ESA letter, PSD letter or animal (including housing providers and airlines) or (h) your use of any products or services offered through the this assessment. SECTION 6 – OTHER TERMS Entire Agreement: This Terms of Service constitutes the sole agreement between you and the Meraki Counseling, LLC relating to your use of the this assessment and services offered through the this assessment, and no representations, statements or inducements, oral or written, not contained in these Terms of Service shall bind either you or Meraki Counseling, LLC. Severability: If 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. 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 Meraki Counseling, LLC 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 by the laws of the State of Wisconsin and controlling United States Federal Law without regard to any conflicts of law provisions. Meraki Counseling, LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Meraki Counseling, LLC reserves the right at all times to disclose any information as Meraki Counseling, LLC 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 my obtaining any injunctive or equitable relief that I deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity. SECTION 8 – PAYMENT PROCESSING AGREEMENT Payment processing services are provided by Square and are subject to the Square Connected Account Agreement, which includes the Square Terms of Service. By agreeing to these terms, you agree to be bound by the Square Services Agreement, as the same may be modified by Square from time to time. As a condition of Meraki Counseling, LLC enabling payment processing services through Square, you agree to provide Meraki Counseling, LLC with accurate and complete information, and you authorize Meraki Counseling, LLC to share it and transaction information related to your use of the payment processing services provided by Square. SECTION 19 – CONTACT INFORMATION Questions about the Terms of Service should be sent to me at [email protected]