Accessibility Compliance Disclosure/Acknowledgement
ATTACHMENT A
DISCLAIMER OF WARRANTY
ACCESSIBILITY COMPLIANCE DISCLOSURE/ACKNOWLEDGEMENT
This Disclosure/Acknowledgement form (the "Disclosure") is being voluntarily provided to you (the "Client"). Insider Perks, Inc. ("Insider Perks") is not required to provide such a Disclosure under any current provincial or local law. The Disclosure provides information the Client may find pertinent to the operation of its website.
Disclosure Statement
The Americans with Disabilities Act ("ADA") is a civil rights law enacted to protect individuals with disabilities from discrimination. Specifically, Title III of the ADA mandates that all “places of public accommodation" must remove any “access barriers” that would limit a disabled person’s access to the goods or services of the business. Consequently, the United States Department of Justice (the "DOJ") has declared the accessibility of websites must adhere to the ADA's public accommodation mandate, yet the DOJ has not released any regulation or standard to provide compliance guidelines. Nonetheless, the DOJ has repeatedly reaffirmed its position that the absence of a regulation does not serve as a basis for noncompliance with the ADA.
Similar regulation may have already been passed or may be likely to pass in the future in Canada or other international jurisdictions around the world. As such, we are making you aware of current United States law in order to properly prepare for the likelihood of such legislation being passed in Canada in the future. As such, all references to ADA in this document also encompass any current or future laws in any jurisdiction related to website or digital accessibility.
Under this authority, businesses that provide public accommodation websites must comply with the ADA and ensure accessibility for its website. Insider Perks has a strong belief that every person has the right to live with dignity, equality, comfort, and independence, and it strives to ensure that its services create websites which are accessible to people with disabilities. However, although Insider Perks has invested a significant amount of resources to help ensure its services create websites that are easy and accessible to use for people with disabilities, Insider Perks does not warrant, guarantee, or otherwise promise the services it provides or the websites it creates are ADA compliant or fully accessible and accommodating for individuals with disabilities.
Insider Perks continues its efforts to constantly improve the accessibility of its websites and services in the belief that it is our collective moral obligation to allow seamless, accessible, and unhindered use also for all individuals. Despite our efforts to make all websites created or serviced by Insider Perks fully ADA accessible, certain content may not yet comply with the ADA. As such, Insider Perks does not warrant, guarantee, or otherwise promise the websites it creates or services it provides are ADA compliant. Insider Perks advises Client to review the ADA regulations with Client's legal counsel to ensure the most appropriate response to ADA concerns.
Release of Claims
Client and Insider Perks (the "Parties") release and forever discharge each other and their respective successors in interest from any and all claims, demands, rights, and causes of action of any kind and nature arising from any potential ADA noncompliance claim against Client for Client's website, and Client agrees to hold Insider Perks harmless and indemnify Insider Perks from any and all claims, loss, or damage to Client resulting from, or associated with, any potential ADA noncompliance claim against Client for Client's website.
Client Certification and Acknowledgement
By signature below, Client hereby certifies and acknowledges that it has received, read and understands, and has retained a copy of the Disclosure and Release of Claims. As such, Client understands the risks associated with the operation of a website pursuant to the ADA's requirements and any economic injury, outcome, or other action that may arise from operation of a website pursuant to the ADA's requirements. Nonetheless, Client assumes all risks resulted from or associated with, either directly or incidentally, the operation of a website pursuant to the ADA's requirements.
Insider Perks Certification and Acknowledgement
By signature below, Insider Perks hereby certifies and acknowledges it has voluntarily provided the Disclosure to Client. Further, Insider Perks certifies and acknowledges it has given Client sufficient time and opportunity to review the Disclosure and Release of Claims and to express any questions or concerns related to such Disclosure.
WHEREFORE, in accordance and agreement with the above provisions, the foregoing is effective as of the below signature date of the Parties:
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Signed by Insider Perks Inc Signed On: 2023-01-10
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Document Name: Accessibility Compliance Disclosure/Acknowledgement
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