eFMLA, Inc.

1 Acceptance of Terms

Welcome to eFMLA, Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at adacinc.com (the "Website") and any services, consulting, or products provided by eFMLA, Inc. (collectively, the "Services").

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website with an updated "Effective Date." Your continued use of the Website or Services after any changes constitutes your acceptance of the modified Terms.

These Terms constitute a legally binding agreement between you and eFMLA, Inc. Please read them carefully.

2 Definitions

For the purposes of these Terms, the following definitions apply:

"Client" or "You"

Any individual, business, or organization that accesses our Website or engages our Services.

"Services"

All ADA compliance consulting, assessments, training, documentation, and related professional services provided by eFMLA, Inc.

"Website"

The eFMLA, Inc. website, including all pages, content, features, and functionality.

"Content"

All text, images, graphics, documents, data, software, and other materials available on our Website or provided through our Services.

"Deliverables"

Any reports, assessments, recommendations, documentation, or other work products created by eFMLA, Inc. for a Client.

"Confidential Information"

Any non-public information disclosed by either party to the other in connection with the Services.

3 Description of Services

eFMLA, Inc. provides professional ADA compliance consulting services, including but not limited to:

• ADA compliance assessments and audits
• Accessibility evaluations for facilities and digital properties
• Reasonable accommodation consulting
• ADA policy development and review
• Training and education programs
• Documentation and form preparation assistance
• Expert consultation and advisory services

Service Agreements

Specific services will be detailed in a separate Service Agreement, Statement of Work, or Engagement Letter that outlines the scope, timeline, fees, and deliverables for each engagement. In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail.

Professional Standards

We commit to providing our Services with professional care, skill, and diligence consistent with generally accepted industry standards. However, we do not guarantee any specific outcomes or results from our Services.

4 User Obligations and Responsibilities

Acceptable Use

When using our Website and Services, you agree to:

• Provide accurate, current, and complete information
• Use the Website and Services only for lawful purposes
• Comply with all applicable federal, state, and local laws and regulations
• Respect the intellectual property rights of eFMLA, Inc. and third parties
• Maintain the confidentiality of any account credentials

Prohibited Conduct

You agree NOT to:

• Use the Website or Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Website or its systems
• Interfere with or disrupt the Website's functionality or security
• Transmit any viruses, malware, or other harmful code
• Copy, reproduce, or distribute our Content without authorization
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems to access or scrape the Website
• Engage in any conduct that restricts or inhibits others' use of the Website

Client Cooperation

For consulting engagements, Clients agree to:

• Provide timely access to necessary facilities, personnel, and documentation
• Designate a primary contact person for communication
• Review and provide feedback on deliverables within agreed timeframes
• Pay all fees as specified in the applicable Service Agreement

5 Intellectual Property Rights

Our Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, software, and the overall design and arrangement, is the property of eFMLA, Inc. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The eFMLA, Inc. name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of eFMLA, Inc. You may not use such marks without our prior written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. This license does not include:

• Any resale or commercial use of the Website or its contents
• Any collection or use of product listings, descriptions, or prices
• Any derivative use of the Website or its contents
• Any downloading or copying of account information
• Any use of data mining, robots, or similar data gathering tools

Deliverables

Upon full payment for Services, Client shall own all rights to the specific Deliverables created exclusively for that Client. However, eFMLA, Inc. retains ownership of:

• All pre-existing materials, templates, and methodologies
• General knowledge, skills, and experience gained during the engagement
• Any tools, processes, or techniques of general applicability

6 Disclaimers

No Legal Advice

eFMLA, Inc. provides ADA compliance consulting services. We are not a law firm, and our Services do not constitute legal advice. Our recommendations are based on our professional expertise and interpretation of ADA requirements, but they should not be relied upon as legal opinions. We strongly recommend that Clients consult with qualified legal counsel for specific legal questions or concerns.

No Guarantee of Compliance

While we strive to provide accurate and helpful guidance, we cannot guarantee that following our recommendations will result in full ADA compliance or protect you from legal claims. ADA requirements are complex and subject to interpretation by courts and regulatory agencies.

Website Availability

We do not warrant that the Website will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice.

Third-Party Links

Our Website may contain links to third-party websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites.

7 Limitation of Liability

In no event shall our total liability to you for all claims arising from or related to the Website or Services exceed the greater of:

• The total fees paid by you to eFMLA, Inc. during the twelve (12) months preceding the claim, or
• One Hundred Dollars ($100.00)

These limitations apply regardless of the legal theory upon which the claim is based, whether arising from contract, tort (including negligence), strict liability, or any other basis, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

8 Indemnification

You agree to defend, indemnify, and hold harmless eFMLA, Inc., its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Website or Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any applicable laws or regulations
• Any content or information you submit or transmit through the Website
• Any claims by third parties arising from your use of our Deliverables or recommendations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

9 Termination

Termination by Us

We may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Termination by You

You may terminate your use of the Website at any time by simply discontinuing use. For active consulting engagements, termination procedures will be governed by the applicable Service Agreement.

Effect of Termination

Upon termination:

• Your right to use the Website and Services will immediately cease
• Any outstanding fees remain due and payable
• Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, and indemnification

10 Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Fairfax County, Virginia.

Dispute Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us directly to attempt to resolve any dispute informally. Most concerns can be quickly resolved through direct communication.

Waiver of Class Action

Any disputes arising out of or related to these Terms or the Services shall be resolved on an individual basis. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with any applicable Service Agreements, constitute the entire agreement between you and eFMLA, Inc. regarding the use of the Website and Services, superseding any prior agreements.

11 Miscellaneous Provisions

No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemic, government actions, or failures of third-party services.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Electronic Communications

By using the Website or Services, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

12 Contact Information

If you have any questions about these Terms of Service, please contact us:

These Terms of Service were last updated on January 1, 2025. We encourage you to review this page periodically for any changes.