The Americans with Disabilities Act (ADA) Disclosure and Acknowledgement to Indemnify and Release GoMarketing Inc. from All Liability Surrounding ADA Lawsuits and Issues.
Americans with Disabilities Act (ADA) Compliance: GoMarketing Inc. will provide an advanced ADA widget for the Client’s website. The Third party provider widget and other functionalities for ADA compliance help to mitigate lawsuits or losing in court should you be sued for ADA Non-compliance, but do not guarantee legal victory. There is NO Guarantee from GoMarketing that the ADA work provided will prevent You, the Client, from being sued for ADA Non-Compliance, nor that the Client will prevail should they be sued for ADA Non-Compliance. RealtyTech/GoMarketing suggests Client seeks an Attorney to verify ADA Compliance to that Attorney’s satisfaction. GoMarketing Inc. will make best efforts to make your website Americans with Disabilities Act (ADA) Compliant (ADA WCAG2.1), but there are no guarantees that your website is 100% ADA compliant and accessible in all instances, at all times, and in all possible ways. This acknowledgement releases RealtyTech/GoMarketing Inc. from all Liability involving ADA lawsuits and other matters. Nobody can guarantee compliance under the current ADA laws. In addition, GoMarketing Inc. and its subsidiaries, and third-party providers do not in any way guarantee you will not be sued for ADA non-compliance, or that you will prevail in a lawsuit.
Release of Indemnity and Liability: You agree to indemnify, defend and hold harmless GoMarketing Inc., its affiliates, third party beneficiaries under this Agreement, and their respective employees, contractors and directors from all liability, damages, losses, costs or expenses (including, but not limited to, reasonable attorney’s fees and expenses) incurred in connection with any claim against you for ADA Non-Compliance.
Backstory and Reasoning: A LOT has changed since the ADA was enacted in 1990, when far fewer people used the internet and disability-based discrimination occurred mostly in person. Title III of the ADA provides standards required for businesses’ physical locations to properly accommodate disabled individuals and while it does not provide any regulatory guidance for the internet, websites, or mobile applications, the ADA also does not expressly limit its coverage to physical or brick-and mortar locations or otherwise exclude online locations. As the internet has grown in importance, the ADA’s interpretation has been expanded by the Department of Justice (“DOJ”) and U.S. courts to apply to websites and mobile applications, despite the lack of clear laws and regulations. Because businesses are being sued and held liable for failing to meet undefined accessibility standards, many have lobbied (so far, unsuccessfully) for clear and specific online accessibility standards but Congress has yet to act (the Online Accessibility Act was introduced in the US House of Representatives on October 2, 2020).
The ADA does not specifically identify websites as “places of public accommodation”. The DOJ and U.S. courts’ opinions provide a “places of public accommodation” framework on how to apply the ADA’s requirements to websites, mobile applications, and other digital content, however, the courts are split on whether“places of public accommodation” are limited solely to physical spaces or businesses that operate a physical location and a website. In short, the ADA’s requirement for accessibility may apply to your business’website. Unless and until a formal policy becomes law, courts and regulators will likely continue to cite the Web Content Accessibility Guidelines (WCAG) as the standard for ADA compliance.
For these reasons, GoMarketing Inc. offers Website Design and Development services to assist your business with accessibility compliance by designing and developing to the ADA WCAG’s 2.0 AA standard, as best we can within your budget and services provided.
Website Accessibility Acknowledgement and Waiver
By signing this waiver, you acknowledge that GoMarketing Inc. informed you that the United States’ American with Disabilities Act (ADA) may require your website to meet and maintain certain accessibility standards. While we endeavor to provide up-to-date accessibility products and services, we are not attorneys and do not provide legal advice, nor can we guarantee use of our services will guarantee you will not be sued, nor can we guarantee any outcome in an ADA action against you or your company. No one can.
We are not attorneys, and you are solely responsible for your business’ compliance with any applicable accessibility laws. What we do offer is services such as: web design and development, compliant with the industry standard and best practices WCAG 2.0 AA, documentation regarding accessibility compliance efforts you engage us to perform which may serve as evidence in the event of a lawsuit, accessibility insurance, etc.
You acknowledge that it remains your sole legal and professional responsibility to seek legal counsel regarding your ADA compliance and accessibility responsibilities at a local, state, and federal level and to take necessary action to ensure your website’s compliance, which may include actions above and beyond our recommendations.