Updated: November 2020
Unless otherwise defined in this Service Attachment, capitalized terms will have the meanings given to them in the Agreement. This Service Attachment governs your subscription to Accessibility Lock.
1. accessiBe Terms. We use a third-party, to accessiBe Ltd., to provide Accessibility Lock. By ordering Accessibility Lock, you hereby agree to be bound, as a “Licensee,” to the “accessiBe Terms of Service” located at https://accessibe.com/terms-of-service (the web accessibility tools within Accessibility Lock are referred to therein as “accesiBe Systems”) (the “accessiBe Terms”). For the avoidance of doubt, the accesiBe Terms do not replace and/or derogate the Agreement, but rather are complementary; provided, however, that in the event of any conflict, the Agreement shall govern.
2. Term. Unless otherwise stated in your Order Form, the term of your subscription to Accessibility Lock shall be concurrent with your subscription to a website service through FMG Suite. After such term, or after the term in your Order Form, your subscription to Accessibility Lock shall renew automatically for monthly terms until you provide us with a written request to cancel such subscription.
3. Accessibility Lock Limitations. Accessibility Lock will allow you to embed the Accessibility Lock end-user interface onto your Website to enable web accessibility as may be required by applicable law (including, but not limited to, the ADA, FEHA, UNRA, and any other similar federal or state law) (“Accessibility Laws”). Nonetheless, you are aware that the installation of Accessibility Lock cannot guarantee that claims will not arise, and that embedding Accessibility Lock into your Website does not, on its own, fulfill all of the requirements of Accessibility Laws (Accessibility Lock does not remediate PDF files or create subtitles for videos, for example). We do not guarantee or assure that your Website will be 100% accessible at any given moment, owing to factors such as changes to the Website, issues originating in your Website, and/or limitations stemming from technological reasons. You irrevocably waive any claims against us from any liability, legal or otherwise, and you agree to not assert any claims against us in this regard (including in relations to any claims related to support services (if provided)).
Should you provide us with a notice regarding noncompliance with any Accessibility Laws, we will act to the best of our abilities to instruct you on how to repair such deviation, as noted in the warning, and to restore your Website’s accessibility in accordance with Accessibility Laws, within a reasonable time of receiving such notice. Any notice concerning any such noncompliance must be as clear and specific as possible and refer to the component of your Website that is not accessible. For the avoidance of doubt, our, and accessiBe’s, undertaking to repair any noncompliance is done within the scope of the Agreement and the accessibBe Terms.
4. No Legal Advice. You bear the sole responsibility for any Content that you display on your Website and for your compliance to Accessibility Laws. Without derogation, you acknowledge that complying with Accessibility Laws may require that you consult an attorney. The services provided by Accessibility Lock do not comprise, and you hereby exempt us from, examining content and adapting it to Accessibility Laws and/or for examining the approvals required for your Website in respect of or connected to accessibility legal requirements. It is emphasized that these examinations fall under your exclusive responsibility and will be performed by you, or your legal counsel on your behalf, at your expense. Further, for clarity, the provision of Accessibility Lock does not constitute the provision of legal advice and may not be relied on for any legal purpose. No conversation or correspondence with any of our employees or representatives, nor any other information provided by us, shall be considered legal advice; and you shall have no claims to the contrary.
5. Your Responsibilities and Authorization. By ordering Accessibility Lock, you must provide us with the identity of the individual who will be responsible for responding to inquiries and complaints related to your Website’s accessibility (the “Website Accessibility Representative”). Unless you indicate otherwise, the Website Accessibility Representative will be the individual identified in the “Contact Information” section of your FMG Suite Profile. You hereby authorize us to provide The Website Accessibility Representative’s full name, phone number, and e-mail address to accessiBe Ltd. Such information will be used to enable the Website Accessibility Representative to receive inquiries and complaints related to your Website’s accessibility. The Website Accessibility Representative’s name and e-mail address will be presented in the Accessibility Statement that will be available to the public on your Website once you enable Accessibility Lock and complete the process identified herein.