DISCLAIMER OF LIABILITY FOR NON-UTILIZATION OF ADA COMPLIANCE SOFTWARE
THIS DISCLAIMER OF LIABILITY ("AGREEMENT" (hereafter referred to as the “Agreement”)) is made on the date of initial payment received
BETWEEN
Website Owner, the Client, an individual or organization that has remitted payment, (hereinafter referred to as the "Client"); and
Website Designer, Developer, Hosting Provider, as Think Different Designs LLC, (hereinafter referred to as the "Company")
WHEREAS, the Company provides software and services related to ADA (Americans with Disabilities Act) compliance (the "Services");
WHEREAS, the Client has not engaged the Company to provide access to and usage of its ADA compliance software (the "Software") to enhance the Client's compliance with ADA standards;
WHEREAS, the Client understands and acknowledges that non-utilization may result in a lack of ADA compliance on the Client's website or digital assets;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
DISCLAIMER OF LIABILITY The Client acknowledges and agrees that the Company shall not be responsible or liable for any actions, omissions, or damages, whether direct, indirect, consequential, or incidental, arising out of or related to the Client's failure to utilize the Software in a manner consistent with ADA compliance requirements.
ASSUMPTION OF RESPONSIBILITY The Client acknowledges that it is solely responsible for its compliance with all ADA standards, laws, and regulations applicable to its digital assets, including but not limited to websites, mobile applications, and other digital content. The Client agrees that the Company's Software is a tool designed to assist in achieving ADA compliance and failure to utilize this software may result in non-compliance with ADA requirements.
NO WARRANTY The Company makes no warranties, express or implied, regarding the Software's effectiveness in achieving ADA compliance or the absence of legal actions, claims, or damages resulting from non-utilization of the Software.
INDEMNIFICATION The Client agrees to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, actions, liabilities, costs, expenses, or losses arising from the Client's failure to utilize the Software for ADA compliance or any legal action brought against the Client related to ADA compliance.
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, or representations.
GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of California. Any legal action arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Solano County, California.
