These Terms and Conditions (“Terms”) govern your access to and use of the website accessible.org (“Website”), as well as any services, deliverables, content, tools, and materials provided by Accessible.org, LLC, a Texas limited liability company (“Accessible.org,” “we,” “us,” or “our”). “You” refers to any individual or entity accessing the Website or engaging Accessible.org for services.
By accessing or using this Website, purchasing or receiving services, or engaging with any content or materials provided by Accessible.org, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Website and not engage Accessible.org for services.
Accessible.org reserves the right to update, modify, or replace these Terms at any time without prior notice to you. Changes become effective upon posting to this page. Your continued use of the Website or services following any modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
Relationship to Services Agreements
If you have entered into a separately executed services agreement, statement of work, or written proposal with Accessible.org (collectively, a “Services Agreement”), these Terms supplement but do not replace that Services Agreement. In the event of a conflict between these Terms and a signed Services Agreement, the Services Agreement shall control with respect to the scope and terms of the applicable engagement, including but not limited to dispute resolution, limitation of liability, payment terms, and deliverable specifications. Where these Terms address subjects not covered by a Services Agreement, these Terms shall apply in full.
Use of Website and Services
No Legal Advice
Nothing on this Website, in any communication from Accessible.org, or in any service or deliverable constitutes legal advice, legal counsel, or the practice of law. Accessible.org is a digital accessibility company that provides accessibility auditing, remediation, consulting, training, and related technical services. Any information provided, whether on the Website, in deliverables, or through verbal or written communication, is for informational and technical purposes only and should not be construed as legal advice or relied upon as a substitute for consultation with a qualified attorney. You are solely responsible for obtaining independent legal counsel regarding your legal obligations, including but not limited to compliance with the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, the European Accessibility Act (EAA), and any other applicable federal, state, local, or international law or regulation.
Scope of Services
Services provided by Accessible.org are defined solely by the terms of a separately executed Services Agreement. These Terms do not create any obligation on the part of Accessible.org to perform services absent a signed Services Agreement. All service engagements require advance payment as specified in the applicable Services Agreement unless otherwise agreed in writing.
Accuracy of Services and Deliverables
While Accessible.org strives for thoroughness and accuracy in all services and deliverables, you acknowledge that digital accessibility evaluation involves professional judgment, subjective interpretation of technical standards, and assessment of technologies that are inherently subject to change. Services and deliverables may contain omissions or errors. Accessibility audits, reports, remediation work, training materials, VPATs, ACRs, and all other deliverables represent professional assessments made at the time of delivery based on the scope defined for that engagement. They do not constitute a guarantee, certification, or warranty that any website, application, document, or digital asset is fully accessible, fully compliant with any standard or law, or free of all accessibility barriers.
You acknowledge that compliance with accessibility standards such as the Web Content Accessibility Guidelines (WCAG) involves interpretation, that assistive technologies and user needs vary, and that ongoing monitoring and maintenance beyond the scope of any single engagement may be necessary to sustain conformance over time. You further acknowledge that an audit is an extensive and time-consuming process conducted by a technical accessibility expert and may not identify every accessibility issue, and that Accessible.org shall not be liable for any issues arising from code, integrations, content, or changes made to audited properties after delivery.
Assumption of Risk and No Warranty
All services, deliverables, content, materials, and information provided by Accessible.org, whether through the Website or in connection with any engagement, are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Accessible.org expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, compatibility, compliance with any legal standard, and any warranties arising from course of dealing, usage, or trade practice.
Accessible.org does not warrant that (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results obtained from use of the Website or services will be accurate, reliable, or complete; (c) any deliverable will ensure legal compliance or eliminate all accessibility barriers; (d) any defects in the Website, services, or deliverables will be corrected outside the scope of a paid engagement; or (e) the Website or services will meet your particular requirements or expectations.
You assume all risk associated with the implementation, non-implementation, or modification of Accessible.org’s recommendations. Accessible.org’s role is limited to technical evaluation, and WCAG conformance and legal compliance remain your sole responsibility.
Intellectual Property
All content on this Website, including but not limited to text, graphics, logos, images, videos, course materials, tools, software, and documentation, is the property of Accessible.org or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any content from this Website without the prior written consent of Accessible.org, except as permitted by applicable law or as expressly authorized in writing.
The Accessible.org name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Accessible.org. You may not use such marks without the prior written permission of Accessible.org.
Upon full payment for services, you shall own the deliverables produced for you under the applicable engagement, unless otherwise specified in a signed Services Agreement. Accessible.org retains ownership of all proprietary methodologies, processes, tools, templates, frameworks, and know-how used in the performance of services, including but not limited to audit templates, remediation techniques, training curricula, and software tools, regardless of whether such materials are delivered to you or used in the creation of your deliverables.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Accessible.org, its owner, members, managers, officers, employees, agents, contractors, subcontractors, or affiliates (collectively, “Accessible.org Parties”) be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, arising out of or in connection with (a) your use of or inability to use the Website; (b) any services or deliverables provided by Accessible.org; (c) any conduct or content of any third party; (d) unauthorized access to or alteration of your transmissions or data; (e) accessibility-related lawsuits, regulatory fines or penalties, or user complaints brought against you; (f) costs of remediation efforts undertaken by you or third parties; or (g) any other matter relating to the Website or services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if Accessible.org has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the total aggregate liability of all Accessible.org Parties for all claims arising out of or relating to these Terms, the Website, or any services or deliverables shall not exceed the total amount actually paid by you to Accessible.org for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to such liability, or one hundred dollars ($100.00), whichever is greater.
The limitations set forth in this section shall apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if a remedy set forth herein is found to have failed its essential purpose. You acknowledge that Accessible.org’s fees reflect this allocation of risk and that Accessible.org would not provide services without these limitations.
You waive any right to claim that any audit, report, or deliverable provided by Accessible.org was deficient, incomplete, or incorrect as a defense in any accessibility-related legal action brought against you by third parties. The remedies stated in these Terms and any applicable Services Agreement are your sole and exclusive remedies.
Indemnification
You agree to indemnify, defend, and hold harmless the Accessible.org Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to (a) your use of the Website or services; (b) your breach of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any content or materials you submit, post, or transmit through the Website; (e) your reliance upon any deliverable, report, or recommendation provided by Accessible.org, including but not limited to any claim that such reliance resulted in a failure to comply with applicable accessibility laws or standards; (f) your implementation or non-implementation of Accessible.org’s recommendations; (g) any changes made to audited properties after delivery of an audit report or other deliverable; or (h) any accessibility-related lawsuit, regulatory action, or user complaint directed at your website, application, or digital properties.
This indemnification obligation shall survive the termination of these Terms and any Services Agreement, and includes reasonable attorneys’ fees and costs incurred by the Accessible.org Parties in defending against such claims.
No Third-Party Beneficiaries
These Terms are between Accessible.org and you only. No other person or entity, including but not limited to end users, website visitors, or plaintiffs in accessibility lawsuits, has any rights under these Terms or may make any claims against Accessible.org based on the services provided. You shall not represent to any third party that Accessible.org’s services, audits, reports, or deliverables create any warranties or obligations to anyone other than you.
Third-Party Links and Tools
The Website may contain links to third-party websites, services, or tools not owned or controlled by Accessible.org. Accessible.org has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services. You acknowledge and agree that Accessible.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, goods, or services.
User Representations
By using this Website or engaging Accessible.org for services, you represent and warrant that (a) you are at least 18 years of age or the age of majority in your jurisdiction; (b) you have the legal capacity and authority to enter into these Terms; (c) all information you provide to Accessible.org is truthful, accurate, and complete; and (d) your use of the Website and services will comply with all applicable laws and regulations.
Dispute Resolution and General Provisions
Governing Law
These Terms and any dispute arising out of or relating to these Terms, the Website, or any services or deliverables provided by Accessible.org shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. If you are located outside the United States, you agree that any dispute shall be resolved under Texas law without regard to conflict of law principles, and you waive any right to assert foreign law or jurisdiction.
Dispute Resolution
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
For claims of twenty thousand dollars ($20,000) or less, either party may elect to pursue the matter in small claims court or state court in Bexar County, Texas. For claims exceeding twenty thousand dollars ($20,000), the parties agree to first attempt resolution through non-binding mediation in San Antonio, Texas, with costs split equally between the parties. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue the matter in state or federal court located in Bexar County, Texas. You consent to the exclusive jurisdiction and venue of these courts and waive any objection based on forum non conveniens or any other basis.
You agree that any dispute must be brought in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. You waive any right to participate in a class action, class arbitration, or any consolidated or representative proceeding. You further waive any right to a jury trial in any proceeding arising out of or related to these Terms, the Website, or any services or deliverables.
In any action to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including expert witness fees and costs of collection.
Confidentiality
Each party agrees to hold in confidence all Confidential Information disclosed by the other party. “Confidential Information” means any non-public information, technical data, or know-how disclosed by either party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This includes but is not limited to audit reports, remediation findings, pricing, business processes, and proprietary methodologies.
The receiving party shall not disclose Confidential Information to any third party without the disclosing party’s prior written consent, except to employees or contractors who need to know such information to perform obligations under these Terms or a Services Agreement and who are bound by confidentiality obligations at least as protective as those herein.
Confidential Information does not include information that (a) becomes publicly available through no fault of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party.
These confidentiality obligations shall survive termination of these Terms and any Services Agreement for a period of three (3) years.
Statute of Limitations
Any claim or cause of action arising out of or related to these Terms, the Website, or any services or deliverables must be brought within one (1) year after the cause of action accrues, regardless of any longer statute of limitations period that might otherwise apply. You waive any right to assert claims after this one-year period. For claims related to services or deliverables, a cause of action accrues when Accessible.org delivers the applicable deliverable or when services are terminated, whichever occurs first. This one-year limitation period applies even if you discover or reasonably should have discovered the claim at a later date.
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, labor disputes, power failures, internet disruptions, or failures of third-party services or technology. The affected party shall provide prompt written notice and use commercially reasonable efforts to resume performance. If a force majeure event continues for more than sixty (60) days, either party may terminate the applicable engagement upon written notice.
Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Note that applicable law may not permit certain exclusions of warranties or limitations of liability, in which case such exclusions or limitations shall apply to the maximum extent permitted by applicable law.
Waiver
The failure of Accessible.org to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Accessible.org. No waiver of any provision shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
Assignment
Accessible.org may assign or transfer these Terms, in whole or in part, without restriction and without notice to you. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Accessible.org.
Entire Agreement
These Terms, together with any separately executed Services Agreement, Privacy Policy, and any other legal notices or policies published by Accessible.org on the Website, constitute the entire agreement between you and Accessible.org regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and services.
Survival of Terms
The following provisions shall survive termination or expiration of these Terms and any services engagement: Assumption of Risk and No Warranty, Limitation of Liability, Indemnification, No Third-Party Beneficiaries, Confidentiality, Governing Law, Dispute Resolution, Statute of Limitations, and any accrued payment obligations.
Privacy
Your use of the Website may be subject to Accessible.org’s Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy for information about how Accessible.org collects, uses, and protects your information.
Contact
If you have any questions regarding these Terms, please contact us at info@accessible.org.