Terms of Service
This Legal Statement, together with our Privacy Policy, constitutes a legally binding agreement between you and ShopAccessible.com (“we,” “us,” “our,” or “Company”). By accessing or using our website and services, you agree to be bound by these terms.
1. Acceptance of Terms
By accessing shopaccessible.com, requesting our services, or engaging with our content, you acknowledge that you have read, understood, and agree to comply with this Legal Statement. If you do not agree with these terms, you must discontinue use of our website and services immediately.
These terms apply to all visitors, users, clients, and others who access or use our services.
2. Description of Services
ShopAccessible.com provides accessibility consulting services, including but not limited to:
- Accessibility Audits: Comprehensive AODA and ADA and WCAG 2.2 AA compliance assessments
- Remediation Services: Implementation of accessibility fixes and improvements
- Training Services: Education and training on digital accessibility best practices
- Consultation: Expert guidance on accessibility compliance and strategy
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
3. No Legal Advice or Guarantee of Compliance
IMPORTANT: ShopAccessible.com provides technical accessibility consulting services. We are not a law firm and do not provide legal advice.
Service Limitations
- Our services and recommendations are based on current WCAG guidelines and accessibility best practices
- We cannot guarantee that your website will never receive an accessibility-related complaint or lawsuit
- Accessibility is an ongoing process, and compliance requirements may change over time
- We do not represent or warrant that our services will make your website immune from legal action
- Each accessibility situation is unique and may require consultation with qualified legal counsel
Professional Responsibility
While we strive to provide accurate and thorough accessibility services, you are ultimately responsible for:
- Ensuring your website meets applicable legal requirements
- Consulting with legal professionals regarding AODA and ADA compliance
- Maintaining accessibility after our services are completed
- Implementing ongoing accessibility monitoring and updates
4. User Responsibilities and Conduct
When using our website and services, you agree to:
Prohibited Activities
You may NOT:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems
- Use our services for any unlawful or fraudulent purpose
- Misrepresent your identity or affiliation
- Interfere with or disrupt our services or servers
- Collect user information without authorization
- Use automated systems (bots, scrapers) without permission
Account Security
If you create an account with us, you are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring your account information is accurate and current
5. Intellectual Property Rights
Our Content
All content on shopaccessible.com, including but not limited to:
- Text, graphics, logos, images, and videos
- Software, code, and technical documentation
- Service marks, trademarks, and branding
- Website design and layout
- Proprietary methodologies and processes
is owned by or licensed to ShopAccessible.com and protected by copyright, trademark, and other intellectual property laws.
License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use our website for its intended purpose. You may not:
- Reproduce, distribute, or create derivative works
- Reverse engineer or decompile any aspect of our services
- Remove copyright or proprietary notices
- Use our content for commercial purposes without written permission
Client Materials
When you engage our services, you grant us a limited license to access and modify your website content solely for the purpose of providing accessibility services. You retain all ownership rights to your original content.
6. Payment Terms
Service Fees
- All fees for services will be clearly communicated before engagement
- Payment terms will be specified in your service agreement or invoice
- Prices are subject to change with notice for future services
- All payments are in Canadian Dollars unless otherwise specified
Payment Processing
- We use secure third-party payment processors
- You are responsible for all charges, including applicable taxes
- Failure to pay may result in suspension or termination of services
Refund Policy
- Refunds are evaluated on a case-by-case basis
- Completed work and delivered services are generally non-refundable
- Any refund requests must be submitted in writing
- Specific refund terms will be outlined in your service agreement
7. Service Deliverables and Timelines
Scope of Work
Each engagement will include:
- A clear scope of work outlining deliverables
- Estimated timelines for completion
- Required client cooperation and access
- Any limitations or exclusions
Client Cooperation
Timely completion of our services requires:
- Prompt provision of necessary website access and credentials
- Timely responses to questions and requests for information
- Reasonable cooperation with our team
- Review and approval of deliverables as specified
Delays
We are not liable for delays caused by:
- Client failure to provide required access or information
- Third-party platform issues or limitations
- Force majeure events (see Section 12)
- Circumstances beyond our reasonable control
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties of accuracy, reliability, or completeness
- Warranties that services will be uninterrupted or error-free
- Warranties regarding legal compliance or protection from litigation
Limitation of Damages
IN NO EVENT SHALL SHOPACCESSIBLE.COM BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Lost profits, revenue, data, or business opportunities
- Damages arising from accessibility-related lawsuits or complaints
- Damages exceeding the amount paid for our services in the preceding 12 months
This limitation applies regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages.
Exceptions
Some jurisdictions do not allow limitation of certain warranties or damages. In such cases, our liability will be limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless ShopAccessible.com, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of our website or services
- Your violation of these terms
- Your violation of any third-party rights
- Your website content or business practices
- Any misrepresentation made by you
10. Confidentiality
Our Commitment
We will maintain the confidentiality of:
- Your website access credentials
- Proprietary business information
- Client-specific project details
- Any information marked as confidential
Exceptions
We may disclose confidential information when:
- Required by law or legal process
- Necessary to protect our rights or property
- You provide explicit consent
- Information becomes publicly available through no fault of ours
11. Termination
Termination Rights
Either party may terminate our services:
- Upon completion of the agreed scope of work
- By mutual written agreement
- For material breach of these terms (with opportunity to cure)
- Immediately for illegal activity or violation of terms
Effect of Termination
Upon termination:
- You must pay for all services rendered through the termination date
- We will provide deliverables completed as of the termination date
- Confidentiality obligations survive termination
- Provisions that by their nature should survive will remain in effect
12. Force Majeure
We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control, including:
- Natural disasters, pandemics, or acts of God
- War, terrorism, civil unrest, or government actions
- Internet service provider failures or cyber attacks
- Labor disputes or strikes
- Third-party platform outages or changes
13. Third-Party Services and Links
External Links
Our website may contain links to third-party websites or services. We:
- Do not endorse or assume responsibility for third-party content
- Are not liable for any damages arising from your use of third-party services
- Recommend reviewing the terms and privacy policies of external sites
Third-Party Platforms
Our services may involve work on third-party platforms (e.g., Shopify). We:
- Are not responsible for platform limitations or changes
- Cannot guarantee compatibility with all platform features
- May need to adjust our approach based on platform constraints
14. Governing Law and Dispute Resolution
Governing Law
These terms are governed by and construed in accordance with the laws of [State/Province], without regard to conflict of law principles.
Dispute Resolution
In the event of any dispute:
- Informal Resolution: Parties agree to first attempt to resolve disputes through good faith negotiation
- Mediation: If negotiation fails, parties agree to participate in mediation before pursuing litigation
- Arbitration: [Optional – specify arbitration terms if applicable]
- Jurisdiction: Any legal action must be brought in the courts of [Location]
Class Action Waiver
You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit.
15. Accessibility Commitment
As a company dedicated to digital accessibility, we are committed to making our own website accessible to all users. We:
- Strive to meet WCAG 2.2 AA standards
- Continuously work to improve accessibility
- Welcome feedback on accessibility barriers
- Provide alternative formats upon request
If you encounter any accessibility barriers on our website, please contact us at accessibility@shopaccessible.com.
16. Modifications to Terms
We reserve the right to modify these terms at any time. Changes will be effective:
- Upon posting to our website for new users
- After notice to existing clients (for material changes)
- As specified in the notification for significant changes
Continued use of our services after changes constitutes acceptance of modified terms.
Notification Methods
We will notify you of material changes through:
- Email to your registered address
- Prominent notice on our website
- Update to the “Last Updated” date
17. Severability
If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
18. Entire Agreement
This Legal Statement, together with our Privacy Policy and any service-specific agreements, constitutes the entire agreement between you and ShopAccessible.com regarding your use of our services and supersedes all prior agreements and understandings.
19. Waiver
Our failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision. No waiver will be effective unless in writing and signed by an authorized representative.
20. Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to any party at our discretion.
21. Contact Information
For questions, concerns, or notices regarding these terms:
ShopAccessible.com
Email: legal@shopaccessible.com
Website: https://shopaccessible.com
For legal notices, please send correspondence to the email address above with “Legal Notice” in the subject line.
22. Acknowledgment
By using our website and services, you acknowledge that:
- You have read and understood this Legal Statement
- You agree to be bound by these terms
- You understand that accessibility compliance is an ongoing process
- You recognize the limitations of our services as outlined herein
- You will consult legal professionals for legal advice regarding AODA and ADA compliance