Accessibility Resolved's End User License Agreement (EULA)
Please read this End User License Agreement (hereinafter “EULA”) carefully, as it is a binding contract and sets out the terms and conditions upon which we license our software to you.
The Accessibility Resolved Widget or Accessibility Resolved Plugin (“the Software”) and accompanying materials and documentation are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.
Accessibility Resolved LLC, its parent company or its subsidiaries, affiliates and suppliers (hereinafter “Accessibility Resolved”) own all intellectual property rights in the Software, code, plugin, website, widget and servers.
Your use of the Accessibility Resolved Software is subject to these rights and to all the terms and conditions of this EULA.
By using the Software, you agree to be bound by the terms and conditions of this EULA. If you do not agree to this EULA, please discontinue now and delete all Accessibility Resolved code or software from your websites, computer systems and servers.
Before copying or downloading the Software or any code from the Accessibility Resolved website, you will be asked to give your express agreement and consent to the terms and conditions set forth in this EULA.
If you do not agree to this EULA, you must not download or use the Software or its code for any purpose whatsoever.
Software Updates and Technical Support
Accessibility Resolved, itself or through its third-party suppliers, reserves the right, at its sole discretion, to change or modify its Software, website, widget, plugin or any code and deploy any changes publicly on your website without prior notice to you. However, this is not a service and maintenance agreement, and you understand that Accessibility Resolved has no obligation to provide any upgrades, technical information or technical support of any kind.
Restriction to Transfer
You may not assign your rights or obligations under this EULA, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer those rights.
Restriction on Use
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code of the Accessibility Resolved Software.
Restriction on Alteration
You many not modify the Accessibility Resolved Software or create any derivative work of Accessibility Resolved, it's website, widget, plugin, code or any accompanying documentation. You may not alter any files or libraries in any portion of the Accessibility Resolved Software. You may not reproduce the Accessibility Resolved database or create any copies of Accessibility Resolved data.
Restriction on Copying
You may not copy or reproduce any part of the Accessibility Resolved Software.
Accessibility Resolved retains all interests, intellectual property, ownership rights and title in the Software and all copies thereof including but not limited to computer code, documents and documentation, copyrights, patents, trademarks, trade secrets, trade names, titles, designs, and methods of operation. The Software is protected by the copyright laws of the United States of America, individual States, international treaties, conventions and other laws around the world.
Limited Warranty and Warranty Disclaimer
Accessibility Resolved does not guarantee or warrant that every aspect of your website will be in full compliance with WCAG 2.1AA and ADA Section 508 at all times or under all circumstances. It is your sole responsibility to ensure your website is accessible and tested for compliance with WCAG 2.1 or other accessibility regulations as required by law. Moreover, you hereby agree to test the Accessibility Resolved widget and all of its accessibility features on your website locally prior to rolling it out publicly to ensure proper functionality. By choosing to use the Accessibility Resolved widget you hereby confirm that all of the pages and content on your site have been tested with common browsers and operating systems and with each of Accessibility Resolved's accessibility features (contrast changes, text size changes, keyboard navigation, cursor size, link highlighting, font changes, desaturation, etc.) and that all available functionality works properly and as intended.
Accessibility Resolved interacts with each website, browser and operating system differently and therefore provides no warranty or assurances that the Software will perform as expected on your website. If you or your users experience any unexpected technical issues, bugs or malfunctions, it is your responsibility to report such issues to support@AccessibilityResolved.com including relevant screenshots, browser versions, OS version and device type. If Accessibility Resolved Software changes the intended behavior of your website in any way or does not provide accessibility improvements as expected, you may remove any Accessibility Resolved code from your servers and discontinue using the Software.
Further and without limiting the foregoing, Accessibility Resolved makes no warranties or representations that the software will meet your requirements or that operation of the software will be uninterrupted, error free or will not harm your computer or mobile device. You assume responsibility for determining whether the software and its results, if any, are appropriate for yourself, your software, your website, your server, your product and your computer or mobile device. You shall bear the entire risk as to the performance, operation and quality of the software.
LIMITED WARRANTY AND DISCLAIMER. Accessibility Resolved warrants and represents that it has authority to enter into this Agreement, to license the Software, and to perform all obligations hereunder. THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED, AND ALL OTHER WARRANTIES -- EXPRESS, IMPLIED AND OTHERWISE -- ARE WAIVED. THIS WAIVER OF WARRANTIES INCLUDES THE IMPLIED WARRANTY OF FITNESS, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND ALL OTHER WARRANTIES. IN ADDITION, ACCESSIBILITY RESOLVED’S LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO THE TO A MAXIMUM OF THE TOTAL DOLLAR AMOUNT OF SERVICES PROVIDED TO CLIENT IN THE PRECEDING 2 MONTHS. ANY AND ALL LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES (INCLUDING LOSS OF USE AND LOST PROFITS), IS DISCLAIMED AND WAIVED.
Limitation of Liability and Indemnification
In no event shall Accessibility Resolved be liable to you or to any third party claiming through you or on your behalf. This EULA is exclusively between you and Accessibility Resolved and is not intended to create any rights in favor of any non-parties to this agreement. No third-party beneficiary rights are created by this EULA.
Neither Accessibility Resolved, its directors, officers, employees or agents, nor any Accessibility Resolved partner, affiliate or solution provider shall in any way be liable to you or your users and you hereby waive any direct or indirect, economic, financial, special, commercial, incidental, exemplary or consequential damages, including without limitation lost profits, citations, loss of business revenue or earnings, lost data, damages caused by bugs, glitches, malfunctions or a failure to realize intended functionality, design or content, arising from or in connection with the use or performance of the Software, even if Accessibility Resolved or a Accessibility Resolved affiliate are aware of the possibility of such damages. Your sole remedy against Accessibility Resolved for an alleged breach of this EULA is a refund of the monthly payments you made for any period of time the Software is not functional, but not to exceed 2 months payments under any scenario.
You agree to defend, indemnify and hold Accessibility Resolved harmless from all claims, judgments, liabilities, expenses, or costs arising from, or in any way related to this EULA and/or your use of the Software, including but not limited to claims of third-parties and non-parties to this agreement who claim violations of the ADA or other laws of any kind.
To the extent any section, clause, provision or sentence or part thereof of this EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of this EULA shall be given full force and effect.
Accessibility Resolved's failure to assert or enforce any right contained in this EULA shall not constitute a waiver of that right.
Governing Law, Jurisdiction
The enforcement of this Agreement, and all claims arising out of or in any way related to this Agreement, shall be governed by the laws of the State of Michigan, without regard to its choice of law rules. The parties agree to jurisdiction and venue in Michigan state courts in Oakland County, Michigan to resolve all disputes.