Accessibility Warranty | AudioEye

Accessibility Warranty

This Accessibility Warranty (“Warranty”) was last updated on November 04, 2019.

Definitions.

Approved Counsel” means an attorney listed in AudioEye’s list of approved counsel or otherwise approved in advance in writing by AudioEye.

Warranty Limit” means lower of (1) the amount of fees paid by you to AudioEye under the Terms for the Eligible Offering operating on the Eligible Site that is the subject of the Eligible Claim in the 6 month period preceding your notification of AudioEye of the Eligible Claim and (2) $1,000.

Eligible Claim” means a claim brought against you by an unrelated third party alleging that your operation of an Eligible Site violates Title III of the Americans with Disabilities Act because such Eligible Site does not conform to Web Content Accessibility Guidelines (WCAG) 2.0, Level AA.

Eligible Offering” means an Offering you obtain through an Eligible Platform.

Eligible Site” means a website you own and operate making continuous and active use of an Eligible Offering in accordance with the Terms.

Eligible Platform” means one of the following authorized AudioEye reseller platforms: Duda, Shopify, Squarespace, Wix, Weebly.

The terms “Warranty”, “Offering”, “Terms”, “you” and “your” have the meanings given in the AudioEye Terms of Service.

Warranty.  If you meet the requirements of this Warranty, AudioEye commits to reimburse you up to the Warranty Limit for: (1) any non-appealable final judgment awarded against you in an Eligible Claim (or an amount agreed to in advance in writing by AudioEye you pay in settlement of such Eligible Claim); and (2) the attorney’s fees you pay to an Approved Counsel representing you against such Eligible Claim.

Requirements.

Eligibility. The website through which you obtained your Offering must be an Eligible Platform at the time you notify AudioEye of your Eligible Claim.

Notification. You must notify AudioEye of an Eligible Claim within [10] days of the date you first learn of the Eligible Claim by completing each of the steps indicated at: https://www.audioeye.com/file-eligible-claim/.

Compliance. You must remain in compliance with the Terms at all times and implement and use the Eligible Offering in connection with the Eligible Site in compliance with the Terms and otherwise ensure full and unimpeded delivery of the Eligible Offering through the Eligible Site.

Approved Counsel. You must use a single Approved Counsel to represent you in the Eligible Action.  If AudioEye requests, you must allow AudioEye to participate in the Eligible Claim using counsel of AudioEye’s choosing.

Limits. AudioEye’s total financial obligation and liability to you under this Warranty will not exceed the Warranty Limit.

Sole Remedy. This Warranty states AudioEye’s sole and exclusive obligation, and your sole and exclusive remedy, for any claim alleging any violation of the Americans with Disabilities Act involving AudioEye or any Offering, including any Eligible Claim.

Revisions. AudioEye reserves the right to revise (or revoke) the terms of this Warranty at any time.  Any revisions to this Warranty are effective when posted by AudioEye as part of this Warranty.