Website Accessibility; Malfunctions; Issues
519web, PinPoint Local in partnership with AccessiBe (referred to here as ‘The Company’) exerts best commercial efforts to ensure that, within 48 hours of the date the AccessiBe Systems are embedded into the Licensee (client) Website, the Licensee Website will become substantially accessible in accordance with the provisions of the Standard. Nonetheless, it is possible that, for reasons arising from the Licensee Website and/or changes and updates that may be performed, from time to time, by the Licensee and/or their representatives on the Licensee Website and/or for other reasons beyond the control of the Company, the Licensee Website may not be substantially accessible at any given time.
Should the Licensee provide the Company with a warning regarding an error or deviation from the provisions of the Standard, the Company will act to the best of its abilities to instruct the Licensee on how to repair such deviation, as noted in the warning, and to restore the Licensee Website’s accessibility in accordance with the Standard, within a reasonable time of receiving such warning from the Licensee. Any Licensee warning concerning a breach must be as clear and specific as possible and refer to the component of the Licensee Website that is not accessible. For the avoidance of doubt, the Company undertakes to repair such breach within the scope of accessiBe System’s technical capabilities, as stated in Section ‎‎3 of the Sale, Purchase and Termination Policy of these Terms of Use.
The Company grants solely to the Licensees, and solely during normal business hours and via e-mail, technical support services, including assistance in operating the accessiBe Systems, solutions to malfunctions in the accessiBe Systems, use of the personal Licensee account and similar technical and operational matters of payment, purchase or termination of transactions.
The Licensee agrees to cause its client to report any malfunction or issue observed in the accessiBe Systems immediately to the Company by e-mail; upon receipt of such report, the Company undertakes to investigate the malfunction in a reasonably prompt manner.
The Company shall employ its best efforts to resolve malfunctions in the accessiBe Systems in a reasonably prompt manner. In the event that the technology needed to resolve an issue does not exist, or in the event that its implementation is not possible, the Company shall document the issue in its records and resolve it once this becomes possible on a technological level, subject to and in accordance with the Company’s undertakings toward the Licensee.
The Company does not undertake to manage and/or resolve malfunctions or issues originating in the Licensee Website. For the avoidance of doubt, under no circumstances will any changes be made to the code in the Company’s systems and/or platforms in order to adapt them to the peculiar needs of a Licensee Website.

 

Limitation of Liability; Licensee Responsibility
519web, PinPoint Local (the Company) in partner with AccessiBe (‘accessiBe Systems’) shall be provided to the Licensee (client website) “AS IS”, and the Company shall not bear any liability for damages incurred by the Licensee and/or any representatives thereof on account of their use of the accessiBe Systems and/or the Services and/or products or services of third parties that interface with the accessiBe Systems. The Company provides no undertaking, representation or warranty not specified in these Terms and Conditions, including without limitation any undertaking or representations with respect to the quality, reliability, accuracy, completeness, currency or availability of the information appearing in the accessiBe Systems, the use thereof or their suitability for any particular purpose.
From time to time, the Company may update and/or upgrade the accessiBe Systems (including the Company’s servers), which may cause a temporary interruption in the provision of the Services. The Company has no control over malfunctions that may occur, from time to time, in respect of the availability of the Services included in the accessiBe Systems, nor over services provided by third parties.
The Licensee is aware that the Website, any and all communications with the Company’s representatives, and the use of the accessiBe Systems do not constitute the provision of legal advice and may not be relied on for any legal purpose. The use of each of the accessiBe Systems or Services does not substitute legal consultation.
Without derogating from the generality of the foregoing: (a) the ACE System reports may not accurately reflect a website’s accessibility features, and (b) any Claims Support Services provided (if provided) are at Licensee’s own risk; and each is subject in all respects to all limitation of liability provisions set forth herein.
The Licensee is aware that the installation of the accessiBe Systems cannot guarantee that claims will not arise, and that embedding the accessiBe Systems in the Licensee Website does not, on its own, fulfill all of the requirements of applicable law in respect of website accessibility (accessiBe does not remediate PDF files or create subtitles for videos, for example). The Company does not undertake that the Licensee Website will be 100% accessible at any given moment, owing to factors such as Licensee changes made to the Licensee Website, issues originating in the Licensee Website and /or limitations stemming from technological reasons. The Licensee irrevocably waives any claims against the Company from any liability, legal or otherwise, and that it shall assert no claims against the Company in this regard (including in relation to any Claims Support Services, if provided).
In order for the Company to be able to provide Claims Support Services, the Licensee shall, as a prerequisite, provide the Company with any and all information required by Company for such purpose. The Company shall not use such information other than for purposes of providing Claims Support Services.
The Licensee is aware that, as a security measure, in the event the Licensee’s requires deciphering of more than 1,000 images and/or links per website per month, the accessiBe System will block such exceeding decipher requests, and the Company will contact the Licensee requesting that the Licensee decipher all images/links on its Licensee Website. The Company shall employ reasonable commercial efforts to instruct the Licensee on how to decipher such images/links. In the event the Licensee is unable or unwilling to implement the Company’s instructions, the Licensee may notify the Company that it wishes to terminate its engagement with the Company, which case the Company will fully refund Licensee for any fees paid with respect to the services related to the relevant Licensee Website.
The Licensee is aware that the Company does not treat URL parameters as pages, files and/or images. The Licensee has the responsibility to assure that all pages, files and/or images on the Licensee’s Website can be accessed through a standard URL. For the avoidance of doubt, prior to the processing of any page, file and/or image, the accessiBe System omits all URL’s parameters, such that a page, file and/or an image which shall be available only through URL parameters, shall not be processed through the accessiBe System.
The Licensee is aware that the installation of the accessiBe System must be made directly within the BODY HTML tag of the Licensee’s Website, and that the installation code must appear on the browser’s “view source-code” feature. The installation of the accessiBe System may be executed either by: (i) the use of a plugin, (ii) the use of the installation code directly, (iii) the use of a third-party script manager, or (iv) the use of any other means, as long as such mean meets the abovementioned requirements. The Licensee is aware that installing the accessiBe System in different ways than detailed herein, might cause certain parts of the accessiBe System to not properly perform.
The Licensee is aware that Geo-Blocking could prevent the Company from rendering the Services and/or the accessiBe Systems from performing properly. “Geo-Blocking” means: (i) a Licensee’s Website being unreachable from certain locations; or (ii) a Licensee’s Website redirecting to a different website based on user location.
It is the Licensees’ responsibility to verify, prior to using the accessiBe Systems, that the accessiBe Systems are compatible with its needs and that its Licensee Website is properly maintained, including the intactness of its content management system, the lack of JavaScript errors and other various malfunctions in its console that may be caused by the programming language that runs in its web browser. After the Licensee will imbed the accessiBe Systems onto Licensee Website, it is the Licensees’ responsibility to test and verify the functionality of the accessiBe Systems on the Licensee Website to ensure that none of the abovementioned issues or others will prevent accessiBe Systems from performing. The Licensee shall have no claim regarding any incompatibility of the accessiBe Systems with its needs.
It is the Licensee’s responsibility to verify, prior to using the accessiBe Systems, the integrity of the Licensee Website’s connectivity, and that of the server on which it is stored, to the internet network and to Licensee’s infrastructure (telephone, computer and so forth). The Company shall not bear liability for any damage to the Licensee on account of the foregoing issues, for which the Licensee is responsible.
Without derogating from the foregoing, the Licensee agrees that, in any event and with respect to any of the accessiBe Systems or Services, the Company’s liability towards it will be limited to a sum equal to the aggregate payments made by the Licensee to the Company with respect to the relevant Licensee Website in the six (6) months preceding a claim or alleged breach, and no more.
The Company is not responsible for the contents of documents and/or graphics files and/or other data found on the Licensee Website, including with respect to copyrights and/or patents and/or trademarks and/or accessibility of texts, pictures, attached PPT, EXCEL, WORD, PDF, audio, video, VIMEO or YouTube files, nor files of any other video provider, nor any other file of any kind for which Licensee is responsible.
The Company is not responsible for any loss and/or expense and/or damage incurred by the Licensee and/or any third party on account of its rendering the Licensee Website accessible, and full and exclusive liability in this regard remains with the Licensee. Similarly, the Company is not responsible for re-organizing the Licensee Website after the accessiBe Systems have been embedded. The Company shall not bear any responsibility for any damage, inconvenience or loss incurred by the Licensee, directly or indirectly, as a result of its use of the accessiBe Systems and the embedding thereof in the Licensee Website.
The Licensee shall bear sole responsibility for Licensee content appearing on the Licensee Website and for Licensee’s compliance with laws applicable to it, including those relating to website accessibility. Without derogation, Licensee acknowledges that complying with applicable law requires it to consult an attorney; a matter that is beyond the scope of the technical Services rendered by Company. The Services rendered pursuant to these Terms of Use do not comprise, and Licensee hereby expressly exempts the Company from, examining website content and adapting it to applicable law and/or for examining the approvals required for the Licensee Website in respect of or connected to accessibility legal requirements. It is emphasized that these examinations fall under the exclusive responsibility of the Licensee and will be performed by the Licensee or legal counsel on its behalf, at Licensee’s expense.
Without derogating from the release and limitation of liability set out above, in no event shall Company be responsible, and the Licensee exempts the Company from, any liability and/or duty and/or demand and/or claim arising prior to the completion of the accessibility rendering process on the Licensee Website through the use of the accessiBe Systems.
In addition, and without derogating from the generality above, the Licensee shall indemnify and hold harmless the Company for any sum the Company bears and/or is required to incur for matters that are the Licensee’s responsibility, in addition to legal expenses, attorneys’ fees and other costs, to the extent applicable, within 30 days of receiving the Company’s first written demand.
The Licensee undertakes to embed the system in a staging or testing website before installing the system on the Licensee Website, and, only after verifying that there is no malfunction or damage caused to such website, to embed the accessiBe Systems into its live or main Licensee Website.
The accessiBe Systems, based on software, hardware, and communications networks, are exposed to the inherent risks of such systems, including the risk of malicious software (viruses, trojan horses, etc.), wiretapping, hacking by hostile entities, impersonations and other online systems and scams. The Company invests its efforts in defending against these risks. Nonetheless, it is not possible, and the Licensee is aware that it is not possible, to ensure complete immunity, and there may be damages and/or losses incurred in the event that such risks are realized, including disclosure and/or corruption of information provided and/or presented in the accessiBe Systems, corruption of instructions/requests, unauthorized account actions, disruptions to the operation of the accessiBe Systems and/or their response time, including interruption, partial performance and/or late performance of instructions/requests, unavailability of accessiBe Systems or the Services, etc., by virtue of such unlawful third party interference.
No conversation or correspondence with any Company employee or representative and/or other information provided by the Company shall be considered legal advice, and the Licensee shall have no claims to the contrary.
The Reseller shall assume full responsibility for the execution of all the applicable Terms of Use by the Licensees and ensure that any agreement executed between the Reseller and any Licensee shall include provisions instructing the Licensees to comply with these Terms of Use.

 

Intellectual Property (accessiBe Systems)
The intellectual property rights, including copyrights and trademarks (should any exist) in the accessiBe Systems or the Services or any other content included in the accessiBe Systems or the Services (“Company IP”) belong solely to the Company, or to the third party that provided its permission for the Company to use them. You may not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivatives of, sell or lease any part thereof, whether by yourself or in cooperation with any third party, in any way or using any means, whether electronic, mechanical or optical, using photographic or recording means, or through any other means, without receiving the prior written consent of the Company and/or the other rightsholders, as applicable, and subject to the terms of such consent (if any). This provision is also valid in respect of any processing, editing or translation performed by the Company on content input or provided by the Licensee to the accessiBe Systems. For the avoidance of doubt, and without derogation from the generality above, the databases, software, code, systems and applications, graphics files, media and audio files, written content, code content and other materials, including designs and graphics, relating to the Company IP also belong to the Company, and it holds the exclusive rights thereto.
The Licensee is not entitled and will not be entitled to use the accessiBe Systems or any part thereof in a manner that breaches the provisions of these Terms of Use, or that could harm the rights of the Company and/or the rights of any third party, using any means, digital or otherwise, without the prior written consent of the Company.
If and to the extent that consent is granted for the use of the Company IP, the Licensee must refrain from removing, deleting or obscuring any notice or symbol concerning Company IP rights, such as copyright symbols (©) or trademarks (®) that accompany the content being used by the Client.
The trademarks and advertising messages of the advertisers in the accessiBe Systems are the sole property of such advertisers. Without derogating from the prohibitions above, no use may be made of these either, without obtaining prior written consent.
The name “accessiBe” and any trademarks and/or service marks or symbols are the property of the Company. The purchase of a License does not afford the Licensee the right to make use of any of the trademarks and/or service symbols for any purpose not expressly stated in these Terms of Use.
Upon purchasing a License, the Licensee approves the Company’s disclosure of the fact that it provided and/or provides the Services to the Licensee, and that the accessiBe System is embedded in the Licensee Website. The Licensee further confirms that the Company may make use of its trade name and the address of the Licensee Website, and may make worldwide and indefinite use of the Licensee’s logo, for the Company’s marketing purposes.
The provisions of this intellectual property clause shall apply notwithstanding the cessation of the provision of the Services upon the conclusion of the License, for any reason.
The provisions of this section do not derogate from the provisions of any law or from any rights afforded the Company by law.