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Terms & Conditions

Please read these Terms and Conditions ("Terms") carefully before using the ADA Compliance Tools ("Tools"), which are provided by The Lacek Group LLC ("Provider"). By accessing or using the Tools, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Tools. 

Use of the tools

  1. The Tools are online tools that allow users to aid in determining the state of ADA compliance of email source code.
  2. You must be at least 18 years old to use the Tool By using the Tools, you represent and warrant that you have the legal capacity to enter into this Agreement.
  3. You agree not to: (a) use the Tools for any illegal, unauthorized, or prohibited purposes; (b) Modify, adapt, translate, reverse engineer, decompile or disassemble the Tools; (c) Distribute, sell, sublicense, or lease the Tools to any third party; (d) impersonate any person or entity or falsely represent your affiliation with any person or entity; (e) Interfere with or disrupt the integrity or performance of the Tools or its associated servers; (f) Use the Tools in any manner that could disable, overburden, damage or impair the Tools or its users.
  4. You are solely responsible for your use of the Tool and for complying with any applicable laws and regulations.

Intellectual Property

  1. The Tools and all related materials, including but not limited to software, trademarks, logos, and content, are owned or licensed by the Provider and protected by intellectual property laws. You agree not to reproduce, modify, or distribute any copyrighted materials without the Provider's prior written consent.
  2. The Provider retains all rights, title, and interest in and to the Tools, including any updates, enhancements, or modifications to the Tools.
  3. You retain all right, title and interest (including any and all intellectual property rights) that you may have in and to the content as submitted to or accessed through the Tools. Subject to these Terms, you hereby grant to Provider a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the content solely to the extent necessary to provide the Tools to you.

Privacy

  1. The Tools may use cookies or similar technologies to enhance your user experience. You can manage your preferences regarding cookies through your browser settings.

Your content

You will retain all right, title and interest (including any and all intellectual property rights) to your content.

Your Obligations

  1. You will ensure that your use of the Tools is at all times compliant with your privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. You are solely responsible for the accuracy, content and legality of your content. You represent and warrant to Provider that you have all necessary rights, consents and permissions to collect, share and use all your content as contemplated in these Terms, and that none of your content will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights or (ii) any Laws.
  2. You acknowledge that the Tools are not designed for use with (and do not require) Personal Information included in your content. You specifically agree not to use the Tools to collect, store, process or transmit any Personal Information, and will not submit to the Tools any of your content containing any Personal Information. Provider will have no liability under these Terms for Personal Information included within your content, or any security incident or breach regarding such Personal Information, notwithstanding anything to the contrary herein.
  3. You will not use the Tools with any of your content that (i) is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Provider’s discretion; (ii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iii) could otherwise cause damage to Provider or any third party.

Disclaimer of Warranty

  1. The Tools are provided "as is" without any warranty of any kind, whether express or implied. The Provider disclaims all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
  2. The Provider does not warrant that the Tools will be error-free, uninterrupted, or free from viruses or other harmful components. You acknowledge that your use of the Tools is at your discretion and risk.

Limitation of Liability

  1. In no event shall the Provider be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use of the Tools.
  2. The total liability of the Provider, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid, if any, by you to the Provider for accessing or using the Tools.

Indemnification

  1. You agree to indemnify and hold the Provider and its affiliates, officers, directors, employees, and agents harmless from any claims, losses or damages, liabilities and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Tools or any violation of these Terms.

Modifications to the Terms

  1. The Provider reserves the right to modify or update these Terms at any time without prior notice. The most current version of the Terms will be posted on the Provider's website. Your continued use of the Tools after any modification to the Terms constitutes your acceptance of the modified terms.

Governing Law and Jurisdiction

  1. These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Minnesota.

If you have any questions or concerns regarding these Terms, please contact us at info@lacek.com.

By using the Tools, you acknowledge that you have read, understood, and agree to be bound by these Terms and any applicable laws or regulations.

Effective Date

April 1, 2024