This Disclosure/Acknowledgment form (the “Disclosure”) is being voluntarily provided to you (the “Client”). Insider Perks, Inc. (“Insider Perks”) is not required to provide such a Disclosure under any current federal, state, local, or international law. The Disclosure provides information the Client may find pertinent to the operation of its website.
Disclosure Statement
The Americans with Disabilities Act (“ADA”) is a civil rights law enacted to protect individuals with disabilities from discrimination. Specifically, Title III of the ADA mandates that all “places of public accommodation” must remove any “access barriers” that would limit a disabled person’s access to the goods or services of the business. Consequently, the United States Department of Justice (the “DOJ”) has declared that the accessibility of websites must adhere to the ADA’s public accommodation mandate, yet the DOJ has not released any regulation or standard to provide compliance guidelines. Nonetheless, the DOJ has repeatedly reaffirmed its position that the absence of a regulation does not serve as a basis for noncompliance with the ADA.
Similarly, the Accessible Canada Act (“ACA”) mandates that websites in Canada must be accessible to individuals with disabilities. Although the ACA has provided guidelines for public and private sector accessibility, it does not currently outline detailed website compliance standards, which is similar to the ADA in the United States.
Within the European Union (EU), the Web Accessibility Directive imposes similar obligations on member states, requiring public sector websites and apps to be accessible to people with disabilities. However, compliance specifics may differ by jurisdiction within the EU.
In the United Kingdom, the Equality Act imposes obligations on businesses to make reasonable adjustments to ensure their websites do not discriminate against individuals with disabilities, similar to ADA obligations in the United States.
Businesses that provide public accommodation websites, regardless of jurisdiction, must ensure accessibility for individuals with disabilities. Insider Perks has a strong belief that every person has the right to live with dignity, equality, comfort, and independence, and it strives to ensure that its services create websites accessible to people with disabilities. However, although Insider Perks has invested a significant amount of resources to help ensure its services create websites that are easy and accessible to use for people with disabilities, Insider Perks does not warrant, guarantee, or otherwise promise that the services it provides or the websites it creates are fully compliant with the ADA, ACA, the EU Web Accessibility Directive, or the UK Equality Act, or that they are fully accessible and accommodating for individuals with disabilities.
Insider Perks continues its efforts to constantly improve the accessibility of its websites and services in the belief that it is our collective moral obligation to allow seamless, accessible, and unhindered use for all individuals. Despite our efforts to make all websites created or serviced by Insider Perks accessible, certain content may not yet comply with the ADA, ACA, EU Web Accessibility Directive, or UK Equality Act. As such, Insider Perks does not warrant, guarantee, or otherwise promise that the websites it creates or services it provides are compliant with any accessibility law in any jurisdiction. Insider Perks advises the Client to review ADA, ACA, EU, or UK accessibility regulations with Client’s legal counsel to ensure the most appropriate response to such concerns.
Release of Claims
The Client and Insider Perks (the “Parties”) release and forever discharge each other and their respective successors in interest from any and all claims, demands, rights, and causes of action of any kind and nature arising from any potential ADA, ACA, EU Web Accessibility Directive, or UK Equality Act noncompliance claim against the Client for the Client’s website. The Client agrees to hold Insider Perks harmless and indemnify Insider Perks from any and all claims, loss, or damage to the Client resulting from, or associated with, any potential noncompliance claim under the ADA, ACA, EU Web Accessibility Directive, or UK Equality Act against the Client for the Client’s website.
Client Certification and Acknowledgment
By accepting the provision of services, the Client hereby certifies and acknowledges that it has received, read, and understands, and has retained a copy of, the Disclosure and Release of Claims. As such, the Client understands the risks associated with the operation of a website pursuant to the ADA’s, ACA’s, EU Web Accessibility Directive’s, and UK Equality Act’s requirements and any economic injury, outcome, or other action that may arise from the operation of a website pursuant to such requirements. Nonetheless, the Client assumes all risks resulting from or associated with, either directly or incidentally, the operation of a website pursuant to these accessibility requirements.
Insider Perks Certification and Acknowledgment
By providing services to the Client, Insider Perks hereby certifies and acknowledges that it has voluntarily provided the Disclosure to the Client. Further, Insider Perks certifies and acknowledges that it has given the Client sufficient time and opportunity to review the Disclosure and Release of Claims and to express any questions or concerns related to such Disclosure.