Terms and Conditions for Vendor Matching Services

Accessibility.com, LLC is the owner of the website accessibility.com (herein after “Accessibility.com” or “website”).This Website and the services of Accessibility.com (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via email constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by Accessibility.com and collectively referred to herein as "Accessibility.com," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at Notice@accessibility.com We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on September 17, 2020

  1. INTRODUCTION TO ACCESSIBILITY.COM

    Accessibility.com endeavors to match a consumer's requests for referrals to service professionals or product providers in the Accessibility.com network (collectively, "Service Professionals"). Upon your submissions of a Service Professional Request, and agreement to these Terms & Conditions, we will provide your contact information, and other information provided by you in your Service Request to the Service Professionals.

  2. THE SERVICES

    Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to six Service Professionals, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals are either capable or willing to complete your service needs.

    1. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services or products, or the Service Professionals' backgrounds or representations provided by the Service Professionals on their profiles. Accessibility.com does not endorse or recommend the services of any particular Service-Professional. We do not independently verify their representations about their services, nor validate the content of any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of Accessibility.com, nor is Accessibility.com an agent of the Service Professionals.
    2. No Contracting via the Accessibility.com Website Accessibility.com may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and Accessibility.com does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the Accessibility.com or apps, or which you find on the Accessibility.com or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Accessibility.com. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via Accessibility.com. To contract with a Service Professional, you must work directly with the Service Professional. Accessibility.com does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Accessibility.com is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.

    3. RELEASE FROM DAMAGES OR CLAIMS.

      Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly. YOU HEREBY AGREE TO RELEASE Accessibility.com AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARENTS, SUCCESSORS, ASSIGNS, EMPLOYEES AND AGENTS FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.

  3. YOUR USE OF THE ACCESSIBILITY.COM SERVICES AND PROHIBITED USES

    You acknowledge and agree that your use of Accessibility.com is for your personal use and not for advertising purposes. You may not use Accessibility.com to recreate or compete with Accessibility.com, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Accessibility.com for any such damages, and will indemnify Accessibility.com in the event of any claims against Accessibility.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Accessibility.com Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by Accessibility.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Accessibility.com services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Accessibility.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

  4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT

    Upon using Accessibility.com, you will be prompted to disclose certain information about yourself and your service requirements, and you may be able to store information on our website or apps. Some of this information will be sent to Service Professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Accessibility.com to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Accessibility.com or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy policy and terms and conditions for using our website. The Accessibility.com website's privacy policy and terms and condition are hereby incorporated into this agreement by reference. You agree that by completing a service request, you are entering into a business relationship with Accessibility.com and/or a Service Professional and thus agree to be contacted by Accessibility.com and/or a Service Professional. You promise that all information you provide including but not limited to your contact information will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Accessibility.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Accessibility.com has the right to refuse any current or future use of the Accessibility.com Services (or any portion thereof) by you. You are responsible for any use of the Accessibility.com Services by persons to whom you intentionally or negligently allow access to your password.

    TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Accessibility.com AND THE SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Accessibility.com AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $15,000 TO EACH OF Accessibility.com AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

  5. SMS MESSAGING

    By submitting a service request, you agree that Accessibility.com and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of Accessibility.com. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from Accessibility.com at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from Accessibility.com and the Service Professionals, your use of Accessibility.com Services may be impacted.

  6. CALL RECORDING

    You acknowledge and agree that Accessibility.com may monitor and/or record any telephone calls between you and Accessibility.com.

  7. USER GENERATED CONTENT

    You agree that all of the content and information posted by you or your agents or designees on Accessibility.com, including but not limited to Photographs or Images, Comments, Questions and/or Answers, any other content (known collectively as "Content") is the sole and exclusive property of Accessibility.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.

    1. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
    2. Grant of License. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
    3. Representation of Ownership and Right to Use Content. By posting or providing any Content to Accessibility.com, you represent and warrant to Accessibility.com and that you own or have all necessary rights to use the Content, and grant to Accessibility.com and the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
    4. Content Guidelines. Accessibility.com reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Accessibility.com owned or operated websites or apps if Accessibility.com determines (in its sole discretion) that such content contains or features any of the following:
      1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
      2. References to illegal activity.
      3. Language that violates the standards of good taste or the standards of this Site.
      4. Statements that are or appear to be false.
      5. Comments that disparage Accessibility.com.
      6. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
      7. Comments concerning a different Service Professional.
      8. Information not related to work requested in the service request.
      9. Content relating to a Service Professional with whom you have a non-business relationship or with whom you are related.

  8. YOUR CONDUCT

    In connection with Your use of the Service, You represent and warrant that You:

    1. are above the age of eighteen (18);
    2. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
    3. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Accessibility.com, or otherwise attempt to mislead others as to the identity of the sender;
    4. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
    5. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    6. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
    7. will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
    8. will not use the Service in any way that could interfere with the rights of Accessibility.com or the rights of other users of the Service;
    9. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Accessibility.com in connection with the Service;
    10. agree not to re-sell or assign Your rights or obligations under this Agreement;
    11. Will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
    12. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of Accessibility.com, which consent may be withheld by Accessibility.com in our discretion;
    13. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
    14. agree not to create an account or use Accessibility.com services if Your account previously has been terminated by Accessibility.com or if You previously have been banned from using the services; and
    15. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, Accessibility.com personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.

  9. ARTICLES AND OTHER CONTENT

    Accessibility.com provides certain content relating accessibility ("Articles"), on the Accessibility.com or apps, and via mobile applications owned and operated by Accessibility.com. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

  10. LINKS TO THIRD PARTY SITE

    The links in the Accessibility.com or apps will let you leave Accessibility.com's Web site. The linked sites are not under the control of Accessibility.com and Accessibility.com is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Accessibility.com is not responsible for webcasting or any other form of transmission received from any linked site. Accessibility.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Accessibility.com of the site.

  11. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS

    You agree that Accessibility.com may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Accessibility.com will be provided by either sending: (i) an email to Notice@Accessibility.com; or (ii) a letter, first class certified mail, to Accessibility.com, 100 SE 2nd St., Suite 2000, PMB 110, Miami, FL 33131 Attn: Customer Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

    In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), Accessibility.com will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:

    Accessibility.com, LLC
    100 SE 2nd St., Suite 2000, PMB 110
    Miami, FL 33131
    Attn: Legal Department
    Email: Notice@accessibility.com

    If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work's copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

    1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
    5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
    6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Accessibility.com will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

  12. INDEMNIFICATION

    YOU AGREE TO INDEMNIFY ACCESSIBILITY.COM, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE ACCESSIBILITY.COM SERVICES OR PRODUCTS IN CONNECTION WITH THE ACCESSIBILITY.COM WEBSITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OR A VENDOR/COMPANY'S VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

  13. GOVERNING LAW

    The exclusive means of resolving any dispute between you and Accessibility.com or any claim made by you or Accessibility.com arising out of or relating to your use of this Website and/or Accessibility.com's services (including any alleged breach of these Terms and Conditions) shall be via jurisdiction in the State of Florida.

    ***NOTICE OF RIGHTS***

    1. By using the Website and/or Accessibility.com's services in any manner, you agree to the above court jurisdiction. In doing so, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
    2. These Terms and Conditions, and any dispute between you and Accessibility.com, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law.

  14. DISCLOSURE OF INFORMATION

    As Accessibility.com continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

  15. GENERAL PROVISIONS

    You acknowledge and agree that the Accessibility.com Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Accessibility.com's sole obligation to you or any third party for any claim arising out of your use of the Accessibility.com Services or the Accessibility.com or apps, is that you are free to discontinue your use of the Accessibility.com Services or the Accessibility.com or apps at any time.

  16. LIMITATION OF LIABILITY

    ACCESSIBILITY.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT ACCESSIBILITY.COM SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ACCESSIBILITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ACCESSIBILITY.COM IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OUR OR IS ANY WAY CONNECTED TO ITS USE OF THIS SERVICE OR WEBSITE (INCLUDING ANY DIRECT ISSUES BETWEEN COMPANY, VENDOR, CUSTOMER AND/OR SUPPLIER), ACCESSIBILITY.COM'S TOTAL LIABILITY SHALL IN NO EVENT EXCEED THREE HUNDRED AND FIFTY DOLLARS (U.S.$350.00).

The Terms and Conditions will inure to the benefit of Accessibility.com's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Accessibility.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Miami, Florida. These Terms and Conditions constitute the entire agreement between you and Accessibility.com and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.