Terms of Service
IMPORTANT: Sections 20–23 of these Terms contain a mandatory arbitration provision, a class-action waiver, and a jury-trial waiver that affect your legal rights, subject to applicable law. Please read them carefully.
1. What these Terms cover
These Terms of Service ("Terms") are an agreement between you and NY Digital Accessibility Compliance Group ("NY Digital Accessibility," "we," "us," or "our"). They govern four distinct things:
- Use of this public website;
- Submission of an intake request through the site;
- A later paid engagement, which is governed by a separate signed services agreement — not by these Terms; and
- Use of badges, certificates, assessment reports, and verification records we issue.
By using this website or submitting a request, you accept these Terms. If you do not agree, do not use the website.
2. Eligibility
This website is intended for business use by adults acting on behalf of an organization. By submitting a request you represent that you are at least 18 and authorized to act for the organization you name.
3. No attorney-client relationship; no legal advice
NY Digital Accessibility is not a law firm. Nothing on this website, in an intake exchange, or in a report is legal advice, and no attorney-client relationship is formed by any interaction with us. Legal questions should be directed to licensed counsel of your choosing.
4. No government affiliation
We are a private, independent firm. No badge, certificate, status, or record we issue is issued, approved, or endorsed by the U.S. government or any government agency.
5. No guarantee of legal compliance or litigation outcome
Accessibility assessments, remediation, statuses, badges, and records document defined work as of specific dates. They do not constitute, and are not a guarantee of, compliance with the ADA or any other law, and they do not determine or guarantee the outcome of any complaint, claim, demand, investigation, settlement, or lawsuit. We do not control any claimant, attorney, lawsuit, settlement, or legal outcome.
6. No engagement formed by submitting a form
Submitting the intake form does not create a service engagement, guarantee a proposal, or guarantee issuance of any status record. Engagements exist only when a written proposal, order form, or services agreement is executed by both parties.
7. Accuracy of submitted information
You agree that information you submit is accurate and that you have the right to submit it. Do not submit passwords, private source code, confidential legal communications, settlement materials, medical information, or other sensitive information through the public form.
8. Prohibited uses
- Interfering with or attempting to breach the security of the website
- Scraping, harvesting, or bulk-downloading content or records for misleading reuse
- Submitting false, deceptive, or infringing material
- Using the website to violate any law or the rights of others
9. Intellectual property
The website, its content, design, artwork, badge designs, and record formats are owned by or licensed to NY Digital Accessibility Compliance Group and protected by applicable intellectual-property laws. Except for the limited badge license described below and ordinary personal reference, you may not copy, reproduce, or distribute site content without written permission.
10. Badge and trademark restrictions
Badges are licensed, not sold. Qualifying clients receive a limited, revocable, nonexclusive, nontransferable license to display the applicable badge for the approved organization and domain only, linked to its public verification record, unaltered, and never described as a government certification. The license is time-limited per the engagement term (commonly 12 or 24 months), may be suspended or revoked if qualifying conditions are no longer met, and the badge must be removed promptly upon expiration, suspension, revocation, or termination.
11. Verification-record limitations
Public verification records document status, scope, dates, methodology, milestones, and limitations. They are informational summaries, not certifications of legal compliance, and must not be altered, misquoted, or presented out of context. We may correct, update, suspend, expire, or revoke a record when it would otherwise be inaccurate or misleading, and record states are shown publicly.
12. No unauthorized alteration or misuse of records, certificates, or badges
You may not alter, fabricate, or misrepresent any record, certificate, or badge; display a badge for an unapproved organization or domain; continue display after revocation or expiration; or state or imply that a record establishes "ADA certification," government approval, guaranteed compliance, or protection from lawsuits.
13. Third-party websites and components
Links to third-party websites are provided for convenience; we are not responsible for their content or practices. Assessments of client websites may be limited by third-party components outside the client's or our control, as described in the applicable report.
14. Accessibility assessment limitations; scope and date; changes after testing; reliance
All findings, statuses, and conclusions attach to the defined scope — the identified pages, templates, components, content, functionality, test environments, and criteria — as of the identified dates. Websites change; conclusions do not extend to content or code not reviewed or to changes made after testing. Automated testing alone does not establish WCAG conformance, and no assessment covers every user, device, browser, or assistive technology under every circumstance. Reports and records are prepared for the client and the engagement's stated purposes; reliance by third parties is limited as set out in the engagement terms.
15. Warranty disclaimer
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE FULLEST EXTENT PERMITTED BY LAW. SERVICES PURCHASED UNDER A SIGNED AGREEMENT ARE GOVERNED BY THE WARRANTIES, IF ANY, STATED IN THAT AGREEMENT.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NY DIGITAL ACCESSIBILITY COMPLIANCE GROUP AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO USE OF THIS WEBSITE, AND TOTAL LIABILITY ARISING FROM WEBSITE USE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.
17. Indemnification
You agree to indemnify and hold harmless NY Digital Accessibility Compliance Group and its officers, employees, contractors, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the website, or your misuse of any badge, certificate, or record.
18. Refunds and cancellation
The public website sells nothing directly. Fees, refund rights, and cancellation terms for engagements are stated exclusively in the applicable signed services agreement or proposal. Unless that agreement expressly states otherwise, fees compensate services performed and documentation maintained, are earned as the work is performed, and are not refundable based on the outcome, settlement, dismissal, or other resolution of any complaint, claim, demand, investigation, or lawsuit.
19. Governing law and venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Subject to the arbitration provision below, venue for permitted court proceedings lies in the state or federal courts located in New York County, New York.
20. Informal dispute notice
Before initiating arbitration, the party raising a dispute must send a written notice describing the dispute to remediation@nydigitalaccessibility.com, and the parties will attempt in good faith to resolve it within 60 days.
21. Mandatory arbitration
PLEASE READ CAREFULLY. Except as provided in Sections 22–23, any dispute arising out of or relating to these Terms or use of this website will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. Judgment on the award may be entered in any court of competent jurisdiction. YOU AND NY DIGITAL ACCESSIBILITY EACH WAIVE THE RIGHT TO A TRIAL BY JURY. This provision does not apply where prohibited by applicable law.
22. Class-action waiver; opt-out
ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court. You may opt out of arbitration by emailing written notice to remediation@nydigitalaccessibility.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms.
23. Exceptions: small claims; intellectual property; emergency relief
Either party may bring an individual claim in small-claims court, and either party may seek emergency injunctive relief or pursue intellectual-property claims in a court of competent jurisdiction.
24. No third-party beneficiaries
These Terms, and any record, badge, certificate, or report we issue, are for the benefit of the parties described in them. No other person or entity — including any counterparty, claimant, attorney, insurer, or court reviewing a record — acquires rights against NY Digital Accessibility under these Terms or by relying on a public record.
25. Informational purposes; no reliance on website content
Content on this website is provided for general information about our services. It is not technical, legal, or compliance advice for any specific website or situation, and decisions should not be made in reliance on it without an engagement covering your specific circumstances.
26. Time limit on claims
To the extent permitted by law, any claim arising out of or relating to these Terms or use of this website must be brought within one (1) year after the claim accrues, or it is permanently barred.
27. Assignment
You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
28. No waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.
29. Entire agreement
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding use of this website. They do not modify, and are supplemented by, any signed services agreement, which governs paid engagements.
30. Severability
If any provision of these Terms is found unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force.
31. Changes to these Terms
We may update these Terms; the effective date above shows the most recent revision. Where a change materially affects dispute-resolution rights, we will seek affirmative acceptance where required.
32. Contact
NY Digital Accessibility Compliance Group
Email: remediation@nydigitalaccessibility.com