Amended as of April 08, 2024
Agreement between User and ADA Program Solutions, PC
Welcome to ADA Program Solutions, PC [“ADA Program Solutions” or “Company”]. ADA Program Solutions is a boutique consulting firm that assists employers in following employment regulations and offers a range of support services to help businesses of any size effectively create a positive work environment. Our expertise and member offerings include [1] ADA compliance Consulting [2] ADA Program Design and Redesign [3] ADA Training and Education [4] Carriers Relations [5] Employee Engagement Strategies [6] Inclusivity Assessment [7] Interplay with Leave of Absence Benefits [8] Policy and Procedure Development and [9] Workplace Reintegration. We believe in a collaborative approach to consulting, working closely with our clients to develop solutions for ADA disability-related issues, engagement in the interactive process, reasonable accommodations and other topics related to Title I of the Americans with Disability Act [ADA].
These terms of use outline the rules and regulations for the use of ADA Program Solutions website https://adaprogramsolutions.com, store and other resources [independently, this “Site”, or collectively, the “Sites”]. These Sites offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein [the “Terms”]. Your use of these Sites constitutes your acknowledgment and agreement to all such Terms in full. Do not continue to use these Sites if you do not accept all the Terms stated on this page. Please read these terms carefully and keep a copy of them for your reference.
Changes to Terms of Use
ADA Program Solutions reserves the right, in its sole discretion, to change these Terms of Use under which https://adaprogramsolutions.com are offered. If we amend these Terms, we will provide notice by updating the “Amended” date. By continuing to use our Sites on or after that date, you agree to the updated Terms. The most current version of the Terms of Use will supersede all previous versions. ADA Program Solutions encourages you to periodically review the Terms of Use to stay informed of our updates.
Contact Information
ADA Program Solutions welcomes your questions or comments regarding the Terms of Use:
ADA Program Solutions, PC
P.O. Box 756
Celina, TX 75009
Email Address: info@adaprogramsolutions.com
Corporate Main Office: 877.992.3277
Privacy of Children: By using our Sites, you warrant that you are 18 years of age or older and have the legal authority to enter into these Terms.
Additionally, ADA Program Solutions does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of thirteen, you may use these Sites only with permission of a parent or guardian.
The following terminology applies to these Terms of Use, Privacy Statement and Disclaimer Notice and any and all Agreements: Client, User, You and Your refers to you, the person accessing this website and accepting ADA Program Solutions’ Terms. The Company, Ourselves, We, Our and Us, refers to our Company and/or employees of ADA Program Solutions. Party, Parties or Us, refers to both the Client and ourselves, or either the Client or ourselves.
All Terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of ADA Program Solutions’ stated services/products, in accordance with and subject to, prevailing law of Texas.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore referring to same.
The information you obtain from ADA Program Solutions, either on our Site, our store, social media or from any of our publications, complimentary and/or purchased via these Sites or elsewhere, is not, nor is it intended to be, legal advice and/or direct or indirect solicitation. If you need legal advice, you should consult an attorney qualified to practice in your jurisdiction regarding your individual situation. Content on these Sites, our store, social media and in our publications are published only as an information guide. Although the information we share is designed to provide accurate and current information on Title I of the Americans with Disability Act [ADA], ADA compliance issues and employer/employee rights under the ADA, the information presented is general in nature and is not intended to be relied on upon as legal advice.
Any and all marketing and advertising activities conducted by ADA Program Solutions are for the sole purpose of general marketing and advertising and shall not be construed as legal advice and/or as a direct or indirect solicitation to any company or its members [including on social media platforms], that any employee of ADA Program Solutions may have in place via a prior employment, non-solicitation and/or non-compete agreement(s). ADA Program Solutions acknowledges and respects the legal obligations and commitments of its employees and will refrain from engaging in any activities that could violate these agreements for the specified and/or finite period, as defined.
Additionally, we are not a law firm and do not provide legal services. Neither any information on our Site, store, social media, or publications, including the Breaking Barriers blog and/or articles, nor any published eBooks, should substitute for legal advice that you receive from a qualified legal professional.
Cookies
We employ the use of cookies. By using ADA Program Solutions’ Sites, you consent to the use of cookies in accordance with ADA Program Solutions’ privacy policy. Most of the modern-day interactive Sites use cookies to enable us to retrieve user details for each visit.
Cookies are used in some areas of our sites to enable the functionality of these areas and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.
External Links | Your Responsibility for Security
Our Sites may link to Sites created and maintained by other public or private organizations [“Linked Sites”]. Linked Sites are not under the control of ADA Program Solutions and ADA Program Solutions is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. ADA Program Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ADA Program Solutions of these Sites or any association with its operators.
If you click on a link to an outside website, you will leave our website, and you are subject to the privacy and security policies of the owners/sponsors of the outside website that you go to.
Certain services made available via these Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://adaprogramsolutions.com domains, you hereby acknowledge and expressly agree that ADA Program Solutions may share such information and data with any third party with whom ADA Program Solutions has a contractual relationship to provide the requested product, service or functionality on behalf of these Sites’s users and customers.
ADA Program Solutions does not warrant that the ADA Program Solutions Sites will operate error-free or are free from viruses, worms, Trojan horses, or other destructive or harmful codes. ADA Program Solutions assumes no liability or responsibility for any damage to you, your computer, or other property due to your access to, use of, or downloading of content from the ADA Program Solutions Sites. If you download or copy content from the ADA Program Solutions Sites, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing current virus protection software.
Social Media Sites
ADA Program Solutions manages a presence on social media sites such as Meta, X, Instagram, LinkedIn, and others to share general information and to engage with the public [reference the above Legal Disclaimer section].
Submissions Made to ADA Program Solutions
You may be required to provide information about yourself [such as identification or contact details] as part of the registration process for access to certain portions of ADA Program Solutions Sites and the services provided. You agree that any registration information you give to ADA Program Solutions will always be accurate, correct, and up to date.
By providing information or materials to the ADA Program Solutions [other than personal information subject to Our Privacy Policy], you grant ADA Program Solutions an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. In addition, ADA Program Solutions is free to use any ideas, concepts, know-how, or techniques that you may submit to ADA Program Solutions through the ADA Program Solutions Sites for any purpose, including, but not limited to, improving our services. ADA Program Solutions shall not be subject to any obligations of confidentiality regarding the information or materials that you submit except as specified in ADA Program Solutions’ Privacy Statement, as set forth in other agreements, or as otherwise required by law. Although ADA Program Solutions will make reasonable efforts to protect and secure the personal information it receives, you should remember that email submissions over the internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing or electronically submitting any personal or confidential information. ADA Program Solutions recommends that you encrypt personal or confidential information before submitting it over the internet.
You further acknowledge and agree that while ADA Program Solutions may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the ADA Program Solutions Sites [or services provided thereby] or on the amount of storage space used for the provision of any service, ADA Program Solutions reserves the right to fix upper limits at any time and in its sole discretion.
Electronic Communications
Visiting our Sites or sending emails to ADA Program Solutions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that ADA Program Solutions provides to you electronically, via email and on these Sites, satisfy any legal requirement that such communications be in writing.
Privacy
Your use of our Sites are subject to ADA Program Solutions’ Privacy Policy. Please review our Privacy Policy, which also governs these Sites and informs users of our data collection practices.
Except as may be otherwise provided by applicable law or written agreement with ADA Program Solutions, all information and content on the ADA Program Solutions Sites, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files, photos, trademarks, service marks and trade dress is owned or licensed by ADA Program Solutions and/or its licensors. The content is protected worldwide by applicable intellectual property laws and all intellectual property rights are reserved.
You are granted a non-exclusive, non-transferable, revocable license to access and use these Sites strictly in accordance with these terms of use. As a condition of your use of these Sites, you represent and warrant to ADA Program Solutions that you will not use these Sites for any purpose that is unlawful or prohibited by these Terms. You may not use these Sites in any manner which could damage, disable, overburden, or impair these Sites or interfere with any other party’s use and enjoyment of these Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through these Sites.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on these Sites, is the property of ADA Program Solutions or its suppliers and protected by trademark, copyright and other applicable laws that protect intellectual property and its associated proprietary rights. You agree to observe and abide by all trademark, copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, reproduce, duplicate, or copy material, publish, redistribute content, transmit, reverse engineer, participate in the transfer or sale, create derivative works, sub-license materials, or in any way exploit any of the content, in whole or in part, found on these Sites. ADA Program Solutions content is not for resale. You will use protected content solely for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices. You will make no other use of the content without the express written permission of ADA Program Solutions and, as applicable, the intellectual property owner. Your use of these Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ADA Program Solutions or our licensors except as expressly authorized by these Terms.
If you have been given an explicit right to use any of these brand features in a separate written agreement with ADA Program Solutions, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of these Terms, and any other applicable ADA Program Solution policies that it may publish from time to time.
Your Account | Secure Areas | Passwords
Portions of ADA program Solution Sites are restricted and require authorization for access. Unauthorized use of or access to such areas is prohibited. If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your associated password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DO NOT SHARE YOUR PASSWORD WITH ANYONE.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ADA Program Solutions is not responsible for third-party access to your account that results from theft or misappropriation of your account. ADA Program Solutions and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
International Users
Our Sites, products or services are controlled, operated, and administered by ADA Program Solutions from our offices within the USA. If you access our Sites, products, or services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use ADA Program Solutions content accessed through https://adaprogramsolutions.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The services and products described and information provided through the Sites are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject ADA Program Solutions to any registration requirement within such jurisdiction or country. Materials from the Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. ADA Program Solutions prohibits your downloading or exporting of material from the Sites in violation of U.S. Export Laws and/or the laws of your resident country. By downloading material from the Sites, you represent and warrant that you are able to do so in full compliance with all applicable laws.
You agree to indemnify, defend and hold harmless ADA Program Solutions, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses [including reasonable attorney’s fees] relating to or arising out of your use of or inability to use our Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ADA Program Solutions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ADA Program Solutions in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having authority. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms of Use or any disputes arising because of these Terms of Use, whether directly or indirectly, including tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ADA Program Solutions agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
WE STRIVE TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THE SITES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THESE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADA PROGRAM SOLUTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THESE SITES AT ANY TIME.
ADA PROGRAM SOLUTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THESE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND FOR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ADA PROGRAM SOLUTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR USE OF REASONABLE CARE AND SKILL, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND TIMELINESS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADA PROGRAM SOLUTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THESE SITES, WITH THE DELAY OR INABILITY TO USE THESE SITES OR RELATED SERVICES, THE PROVISION OF OUR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THESE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THESE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FOR BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADA PROGRAM SOLUTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT THAT THE SITE AND THE INFORMATION AND SERVICES ON THE SITE ARE PROVIDED FREE OF CHARGE/COMPLIMENTARY, WE WILL NOT BE LIABLE FOR ANY LOSS OF DAMAGE OF ANY NATURE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THESE SITES.
ADA Program Solutions reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the United States and the State of Texas, and you hereby consent to the exclusive authority and venue of courts in Texas in all disputes arising out of or relating to the use of these Sites. Use of these Sites is unauthorized in any authority that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ADA Program Solutions as a result of these Terms of Use of these Sites. ADA Program Solutions’ performance is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ADA Program Solutions’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of these Sites or information provided to or gathered by ADA Program Solutions with respect to such use. If any part of Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the user and ADA Program Solutions with respect to these Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ADA Program Solutions with respect to these Sites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties bound by these Terms of Use and all related documents be written in English.
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