I have been offered a Paid ADA website accessibility solution by IN Local Marketing.
I am opting NOT to have IN local Marketing bring my website listed in this form into compliance with the Americans with Diabilities Act (ADA).
I am aware that ADA accessibility compliance is not specifically mentioned in the ADA act, but lawsuits have been filed and the courts have ruled that a public website meets the requirements for "public accommodation" and must be in compliance with website accessabilty standards (WCAG 2.1, ADA, Section 508 and EN 301549).
If a lawsuit is brought against my company I will take full responsibility for Attorney fees and any fines that may be imposed on my business. I will not seek damages from IN Local Marketing and will not hold IN Local Marketing liable.
I give my permission for a FREE 3rd party website accessibility widget to be installed on my website but I fully understand that this free option has limited features and does not bring my site into full ADA compliance.
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for the activity of Website Design and / or Ongoing Website Management and Maintenance by IN Local Marketing located at 689 Kelsey Loop Molalla Oregon 97038, I agree for myself, and my business listed here to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS.
I agree to take responsibility personally to implement all ADA website Compliance rules accessibility standards, and further agree to follow any oral instructions or directions given by In Local Marketing, and it's employees, representatives and agents regarding ADA website compliance.
2. ASSUMPTION OF THE RISKS AND RELEASE.
I recognize that there are certain inherent legal risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) or my business caused by the fault of being found in non-compliance of the ADA, and further release and discharge IN Local Marketing as a business and it's owner Glenn Earls personally, for injury, loss, fines or damage arising out of my decision on ADA Website Accessability for my website managed by IN Local Marketing.
I agree to indemnify and defend IN Local Marketing and it's owner Glenn Earls, against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my decision regarding ADA website Compliance.
I agree to pay for all damages that may be incurred as a result or caused by any negligent, reckless, or willful actions by me due to my decision regarding ADA website Compliance.
5. APPLICABLE LAW.
Any legal or equitable claim that may arise from participation in the above shall be resolved under Oregon law.
6. NO DURESS.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I agree and acknowledge that IN Local Marketing has offered a paid ADA website compliance solution for a fee and that I can opt to implement the paid soulution at any time in the future. If I choose not to sign this Agreement, IN Local Marketing will discontinue any ongoing website management and maintenance for my website.
7. ARM'S LENGTH AGREEMENT.
This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event that any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. IN Local Marketing CONTACT.
In case of any problem, please call Glenn Earls, Owner of IN Local Marketing at 360-635-0325.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.