NYS Forum Validation Tool - Terms of Use
In General
Your use of the New York State Forum Validation Tool, and all information, products and services in the tool, and all documentation are subject to the binding legal terms set forth below ("Terms"). We may update these terms from time to time without giving you any notice. Unless we let you know by giving you a notice, any new features or updated services that we put on the site will be subject to these terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.
The New York State Forum Validation Tool contains links to web sites, web pages and services that are also operated by HiSoftware Inc, our subsidiaries or other companies not affiliated with us but provided as a resource. Your use of any other site is subject to their specific terms of use. If there is any conflict between the terms set forth below and any of the terms or notices set forth on any other site, then the terms on the New York State Forum Validation Tool will control your use of this site.
Please review the terms of use for the New York State Forum Validation Tool so that you understand all of the terms that will apply. HiSoftware and the New York State Forum are pleased to give you access to this tool free of charge. However, in order to access the tool, you will need to obtain an internet connection through your agency. You will also need equipment to access the tool, including a computer. HiSoftware is not responsible for any costs associated with hardware or internet access procurement.
------------------------------------------------------------------------Who has the rights to use the New York State Forum Validation Tool
New York State Agencies (includes SUNY) web developers and contractors who are contracted to work on State sites are granted unlimited access to the online validation tool. The online validation tool is made available for the sole purpose of testing State of New York Website content for accessibility. Testing results will be provided by way of comprehensive HTML reports. Testers can save these reports by downloading the reports locally for analysis. These reports cannot be distributed or transferred to others in exchange for money or other consideration. You may not mirror the home page or results pages of the tool on your own web site or web page without the express written permission of The New York State Forum and HiSoftware.
How You Can Use the New York State Forum Validation Tool.
You may use the services in the tool for testing your agency site for accessibility. You may download reports locally for analysis. You cannot distribute or transfer the copies to others in exchange for money or other consideration. You may not mirror the home page or results pages of the tool on your own web site or web page without the express written permission of The New York State Forum and HiSoftware.
-----------------------------------------------------------------------Disclaimer of Warranties
ANALYSIS RESULTS: THE GUIDELINES AND STANDARDS CHANGE CONSTANTLY AND NO AUTOMATED VALIDATION CAN COMPLETELY VALIDATE CONTENT FOR ACCESSIBILITY WITHOUT ASSOCIATED HUMAN REVIEW. AS A RESULT, WE DO NOT AND CANNOT GUARANTEE THAT YOUR RESULTS WILL BE COMPLETE OR ACCURATE UNLESS YOU FULLY REVIEW THEM AND YOU ALSO PERFORM THE ASSOCIATED MANUAL QUALITY CHECKS. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES, ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE. WE EXPRESSLY DISCLAIM ANY ENDORSEMENT, RECOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.
------------------------------------------------------------------------Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF THE COMPANIES WE ARE AFFILIATED WITH, OR ANY OF OUR CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, THE SERVICES, ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY. WE ARE NOT responsible for the accuracy of associated companies' information including any changes in or discontinuance of services and/or products, nor any intellectual property infringement made by any party. WE ARE NOT responsible for changes in the services and/or products offered by affiliated companies.
------------------------------------------------------------------------Access Restrictions and Termination
We can terminate your access to the tool at any time. The New York State Forum can also change these Terms at any time, without notice, and your continued use of the services after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
------------------------------------------------------------------------The powered by HiSoftware logo is a trademark of HiSoftware Inc.
You can direct any questions concerning these Terms to:
NYS Forum
Rockefeller Institute of Government
411 State Street
Albany, New York 12203
HiSoftware Inc.
9 Trafalgar Square
Nashua, NH 03063 USA
