ADA Tray® Terms & Conditions
Welcome to the adatray.com website (the "Website"). This Website is
provided solely to educate customers about The Americans with Disabilities Act (ADA)
and its impact on hospitality websites and how INNsight.com’s web accessibility innovations
and assistive technologies help achieve compliance with The Law, and for no other purposes.
This website and its pages, the content and infrastructure of these pages, and the online subscription service provided on these pages and through this website (the "service") are owned, operated and provided by INNsight.com, Inc. ("INNsight.com", "us", "we" or "our") and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below. The term "you" refers to the customer visiting and searching for answers to questions about online ADA compliance and web accessibility or engaging in business activities with hospitality businesses via the Website.
These Terms and Conditions – as may be amended from time to time – apply to all of our services directly or indirectly (through distributors) made available online, by email or by telephone. By accessing, browsing and using our website and/or subscribing to any of INNsight’s products, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Statement). If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
1. Scope of Our Service
Through this website, ADA-Tray.com, we (INNsight.com) provide an education portal on the topic of online website accessibility and the regulations put forth by The Americans with Disabilities Act. INNsight.com does not purport the details shared on this website to constitute legal advice. The information on this website is provided for general informational and advertising purposes only, and may not reflect the current law in your jurisdiction. No information contained in this website should be construed as legal advice. While this website is created with a high level of subject matter expertise exhibited by INNsight.com, please consult with your attorney for any detailed questions or concerns with The Americans with Disabilities Act and how it impacts your hospitality business.
2. Use of the Website
As a condition of your use of this Website, you warrant that:
1. You possess the legal authority to create a binding legal obligation,
2. You will use this Website in accordance with this Agreement,
3. You will only use this Website to subscribe to any of INNsight.com’s products or services for you or for another person for whom you are legally authorized to act,
4. All information supplied by you on this Website is true, accurate, current and complete, and
5. If you have an INNsight.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
4. Copyright and Trademark Notices
By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), ADApt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, or that you otherwise provide to us in connection with any of our products or services, and you grant the Site and the members of the INNsight.com, Inc. the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member including subscribers of our products and services and each member agrees to indemnify and hold harmless the Site and any member of the INNsight.com, Inc. against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
All contents of this website are copyrighted ©2019 INNsight.com, Inc. INNsight.com is not responsible for content on websites operated by parties other than INNsight.com. The INNsight.com logo and the term INNsight are registered trademarks in the U.S. and/or other countries of INNsight.com, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by emailing us at: firstname.lastname@example.org.
You can learn more about the permissible use of the INNsight brand here: www.innsight.com/intellectual-property
5. Limited Liability Disclaimer
IN NO EVENT WILL THE WEBSITE, OUR PARENT (INNsight.com, Inc.)
or any of our officers, directors, employees, representatives, subsidiaries,
affiliated companies, distributors, affiliate (distribution) partners, licensees,
agents or others involved in creating, sponsoring, promoting, or otherwise making
available the site and its contents shall be liable for:
- any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
- any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the business as made available on our website(s),
- the services rendered or the products offered by the business,
- any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or
- for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the business (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
6. Software Available On This Website
Any software that is made available to download from this Website ("Software") is the copyrighted work of INNsight.com. Your use of such Software is governed by the terms of the End User License Agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and LAMP controls contained on this Website, is owned by the INNsight.com, Inc. and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You agree to defend and indemnify INNsight.com, Inc., and/or their respective suppliers and/or distributors and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein;
- Your violation of any law or the rights of a third party; or
- Your use of this Website.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF INNsight.com, Inc. HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents, information, and material on our website are owned by INNsight.com, Inc., its suppliers or providers.
These terms and conditions and the provision of our services shall be governed by and construed in accordance with United States of America law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the State of California, United States of America.
Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of these Terms on your personal computer.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Enforcement of These Terms: We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
9. About INNsight.com
All services are rendered by INNsight.com, Inc., which is a corporation, incorporated under the laws of The State of Delaware, United States of America and having its corporate offices at 2445 Ocean Avenue, San Francisco, CA 94127.
INNsight.com has its headquarters in San Francisco, California and has a true subsidiary in Mumbai, India. The branch office located at 310 Quantum Towers, Ram Baug in Mumbai, Maharashtra, India, provides an exclusive supporting role to and for the benefit of INNsight.com. The branch office does not have any power or authority to render the service, to represent INNsight.com or to enter into any contract in the name of, for or on behalf of INNsight.com.
10. Service Help
For quick answers to your questions or ways to contact us, visit our FAQs. Or, you can write to us at:
Attn: Customer Service INNsight.com
2445 Ocean Avenue
San Francisco, CA 94127
Revised and Effective as of May 25, 2018
© 2019 INNsight.com, Inc.