Terms of Use for Fort Orange Claim Service, Inc.

Last Updated: 10/30/23

These Terms and Conditions of Service (“Terms”, “Terms and Conditions”) govern your (“You”, “Your”, or “Licensee”) relationship with Fort Orange Claim Service, Inc. (“Fort Orange Claim Service,” “We,” “Us,” or “Our”) regarding your access and use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our services.

1. Acceptance of Terms

Your access to and use of Fort Orange Claim Service’s services is conditioned on your acceptance of and compliance with these Terms. You may indicate your acceptance by clicking the “I Accept” or “I Agree” option (if available), completing the registration process, or using our services. If you do not agree to these Terms, you may not use our services. By agreeing to these Terms, you confirm that you are either at least 18 years old or have obtained consent from your parent or guardian, as required by the United States’ Children Online Privacy Protection Act (COPPA), and that you have the authority to enter into a binding contract with us and are not prohibited from doing so under any applicable law.

2. Additional Terms

Your use of Fort Orange Claim Service’s services is subject to any additional terms, policies, rules, or guidelines that may be published by us from time to time. All such additional terms, policies, rules, or guidelines are incorporated into these Terms and shall be considered an integral part of them.

3. License

Subject to the terms and conditions of these Terms, you are granted a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to install and use Fort Orange Claim Service’s products and services (“Products”) on your website, hereafter referred to as the “License.” Each License is applicable to one website unless otherwise specified in a separate agreement. The License does not grant you any ownership rights over the Products or any part thereof. You may not use the Products for purposes other than as specified, and you shall not make the Products available for commercial use without our prior written approval. All rights in and to the Products not expressly granted to you in these Terms, including intellectual property rights, are reserved and retained by Fort Orange Claim Service without restriction.

4. Services

Fort Orange Claim Service offers various services and products, including but not limited to accessibility widgets, scanning and monitoring, audits, and content moderation. These services are designed to improve the accessibility of websites, including your Licensee Website, to conform to specific accessibility standards, such as the WCAG 2.1 level AA success criteria. The effectiveness of these services may vary depending on the specific service and your compliance with our instructions.

5. Support and Professional Services

We offer technical support and assistance for our Products during regular business hours through email, chat, and video conferencing. Support services are provided on a reasonable commercial efforts basis.

In addition to support, we may offer Professional Services, such as error remediation and guidance on making your website compliant. You are responsible for implementing our instructions, and we will make reasonable commercial efforts to provide assistance within the scope of our Products’ technical capabilities.

6. Rules of Conduct

You agree not to use our services in connection with any content that is illegal, infringes on intellectual property rights, violates applicable laws, or promotes harm, harassment, or any unlawful activity. You may not send spam messages, engage in fraudulent or deceptive practices, or attempt to interfere with the operation of our services. We reserve the right to notify law enforcement agencies of any criminal offenses related to your use of our services. Conduct that violates laws, regulations, or internet community norms is prohibited.

7. Privacy

Your use of our services is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using our services, you agree to the collection, use, and disclosure of your personally identifiable information and non-personally identifiable information as described in our Privacy Policy.

8. Payments

Any payments for our services shall be governed by the terms of your purchase order or any other payment record entered into between you and us. All fees are quoted in U.S. Dollars and may be prepaid. You are responsible for any applicable taxes, including sales, use, excise, or VAT taxes, unless otherwise specified in your purchase order.

9. Refund Policy

If you are not satisfied with our service, you may cancel your subscription within 14 days from the date of commencement. To request a cancellation, please email [email protected] with your full name, domain name, a copy of the purchase order or payment confirmation, and the reason for cancellation. After the 14-day period, no refunds will be provided.

10. Intellectual Property

The original content, features, and functionality of our services remain the exclusive property of Fort Orange Claim Service and its licensors. The use of our services may involve AI components and data used for training purposes. You acknowledge that our services may use data related to your Licensee Website for training AI models and other algorithmic improvements.

11. Links to Other Websites

Our services may contain links to third-party websites or enable interaction with third-party services. Fort Orange Claim Service has no control over the content or policies of these third-party websites or services and is not responsible for any damages or losses incurred through their use.

12. Termination

We reserve the right to terminate your use of our services immediately, without prior notice or liability, for any reason, including your breach of these Terms. Upon termination, your right to use our services will cease. You may terminate our services by discontinuing your use. The Products/Services may renew automatically unless terminated by you.

13. Indemnification

You agree to indemnify, hold harmless, and defend Fort Orange Claim Service and its subsidiaries, officers, directors, employees, agents, and representatives from any third-party claims, actions, proceedings, liabilities, damages, settlements, penalties, fines, costs, or expenses arising from or related to your breach of these Terms, use of our services, or violations of applicable laws.

14. Disclaimer of Warranties

Your use of our services is at your own risk. Fort Orange Claim Service does not warrant that the services will be uninterrupted, error-free, or free from harmful components. We make no representations regarding the accuracy, reliability, or availability of our services. The services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Fort Orange Claim Service and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses arising from your use of our services or any content or materials accessed or downloaded through our services.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the federal or state courts located in the State of New York, and you hereby consent to the personal jurisdiction of such courts.

17. Changes to Terms

Fort Orange Claim Service reserves the right to amend or replace these Terms at any time. Your continued use of our services after any changes to these Terms shall constitute your acceptance of such changes.

18. Contact Information

If you have any questions about these Terms or need to contact us for any reason, please reach out to us at:

HQ Address:

646 Plank Road, Suite 209

Clifton Park, NY 12065

Mailing Address:

PO Box 447

Clifton Park, NY 12065

Phone: (800) 734-2102

Email: [email protected]