Sam Whittaker | Mar 11, 2021 | 0
Website Accessibility Policy
At Boureston Media, we’re committed to accessibility. It is our policy to ensure that everyone, including persons with disabilities, has full and equal access to our digital offerings.
Do you need assistance accessing something on our website? Email us at [email protected]. We will make every reasonable effort to make our site accessible.
Boureston Media strives to meet the following accessibility standards: Web Content Accessibility Guidelines v 2.0 AA (WCAG 2.0 Level AA).
We are committed to accessibility and we are always seeking to improve. If you know of a way we can improve, we’d love to hear more. You can email us at [email protected].
For more information on web accessibility and legal requirements, here are helpful resources:
Areas for Improvement and Timelines
We are aware there are parts of the website where we could improve accessibility. We are currently working to achieve this. We hope that this website will achieve “Level AA” conformance to the Web Content Accessibility Guidelines (WCAG) 2.0 by December 31, 2021.
Photos: We are in the process of auditing the alt-text for our photos. We hope to complete the audit and accessibility of the photos on all our posts by December 31, 2021. If you have problems reading the photos email us at [email protected].
Videos: Our videos generally do not have any voice instructions and just written text. If you have issues with any of our videos please let us know at [email protected].
Link Text: We will audit and review our link texts so that they become more accessible. We hope to have improved that by December 31, 2021.
Site design: We are working with developers and testing the site using both WAVE and Lighthouse to check for accessibility. We expect our site usability to improve by December 31, 2021.
AGREEMENT TO ARBITRATE
If you use or access this website you agree that your only remedy for any claims concerning the accessibility of this website under the Americans with Disabilities Act or other local, state or federal law concerning access for those with disabilities is arbitration as described below.
Every claim under the Americans with Disabilities Act or any other federal, state or municipal law governing the accessibility of websites or mobile applications by those with disabilities that arises from or relates to the use of or access to this website shall be subject to mandatory arbitration as provided herein. By using or accessing this website You agree to waive any judicial remedy and any right to trial by jury, including the right to participate in a class-action lawsuit. You also agree that the procedures described below are the exclusive remedy for claims covered by this Agreement and for disputes concerning the application, interpretation of and scope of this Agreement. We, the Owners and Operators of this website, also agree to this waiver and the exclusive remedy provided herein.
As used in this Agreement :
“Owner” or “Operator” means Boureston Media, Inc. and all of its affiliates.
“Website” means any website owned and operated by Boureston Media, Inc. including all linked web pages operated or under the control of Owner and Operator.
“You” means any person who uses or accesses the Website.
“Claimant” means any person asserting a claim within the scope of this Agreement.
“Party” means any one of You, the Owner or the Operator.
“Parties” means any two or more of You, the Owner and the Operator.
You agree that as soon as You believe you have claim or potential claim You will notify all other Parties in writing, including a reasonably detailed description of the claim and conditions or events giving rise to it. The Parties agree that after receipt of such notice they will endeavor to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration. The Parties further agree that any unresolved controversy or claim arising out of or relating the use of or access to the Website shall be settled by arbitration administered by the AAA in accordance with its Commercial Arbitration Rules subject to the limitations and conditions below, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Owner and/or Operator agree to pay such fees (not including attorneys’ fees) as may be required for the mediation described above. Each Party agrees to pay their own fees (not including attorneys’ fees) for any arbitration herein.
Claims shall be heard by a single arbitrator who shall be an expert in information technology design and accessibility as they relate to websites as determined by the AAA.
Arbitration shall be by the presentation of documents to the arbitrator in such order and at such times as the arbitrator may determine. The arbitrator may convene one or more telephone conferences in the arbitrator’s sole discretion, but there shall be no in-person hearings or presentations.
Except for claims under federal law, the arbitration shall be governed by the laws of the State of Texas without regard to its choice of law rules; provided, however, that no individual claimant shall be deemed to have waived their rights under any consumer protection or disability rights law of the state or city of their residence if such law forbids such waiver.
No discovery shall be permitted except as follows:
- The Claimant shall submit to the other Parties and arbitrator, no less than 90 days before the case is submitted for decision:
- A report or reports of Claimant’s expert(s) complying with the requirements of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure,
- A written statement under penalty of perjury from the Claimant that includes the following information:
- The full name and residence address of the Claimant.
- The date and time of every effort by Claimant to access or use the Website. This list is limited to efforts by the Claimant and excludes efforts by any agent or attorney of the Claimant.
- A detailed list of alleged barriers to access in the Website including the web page on which the barrier was encountered and the effect of the alleged barrier on the claimant’s ability to use and enjoy the Website.
- A list including the case name, court, and docket number for every lawsuit or arbitration concerning the accessibility of websites or mobile applications to which Claimant is a party,
- A list of parties against whom Claimant has made a demand concerning the accessibility of a website or mobile application that is not included in the preceding list.
- If the Claimant asserts Claimant was seeking to obtain goods or services from the Website, a description of the goods and services sought.
- No less than forty-five (45) days before the case is submitted for decision, Owner, Operator, or other responding party shall submit to the Claimant and arbitrator:
- A report or reports of its expert(s) complying with the requirements of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure,
- A written statement under penalty of perjury from an appropriate officer or agent of the responding party that includes any rebuttal with respect to the Claimant’s declaration not included in the responding party’s expert report.
The arbitration will be based on the submission of the documents listed above and any brief or legal argument the parties submit subject to any limitations or requirements of the arbitrator.
With respect to any claim that the Website is not accessible to an individual with a disability the arbitrator may find in favor of the Claimant only if the arbitrator finds that the Claimant was denied meaningful access to the goods or services offered by Website unless the arbitrator finds that a different standard is required by a particular law.
The arbitrator will have no authority to award damages of any kind not specifically provided for in the statute or statutes under which the claim is made. In no event shall the arbitrator have authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. The arbitrator may allocate the costs of the arbitration process among the parties in the arbitrator’s sole discretion, but will only have the authority to allocate attorneys’ fees if a particular law permits them to do so. The arbitrator may award injunctive relief, but such relief is limited to the correction or remediation of specific access barriers that denied Claimant meaningful access. The award of the arbitrator shall be accompanied by a reasoned opinion if requested by any Party, but the Party requesting such opinion shall pay any fees associated with that opinion notwithstanding any other division of fees and expenses awarded by the arbitrator. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, evidence provided, content, or results of any arbitration hereunder without the prior written consent of all Parties.
Last Update: April 14, 2021