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Acceptable Use Policy

Effective Date: January 27, 2026

Introduction

Welcome to SenecaWorks LLC (“SenecaWorks,” “we,” “us,” or “our”). We are committed to providing accessible, inclusive, and user-friendly digital services, including our website (the “Site”), online training materials, products, and related services (collectively, the “Services”). This Acceptable Use Policy (“AUP” or “Policy”) outlines the rules and guidelines for using our Services in a manner that promotes accessibility, respects user privacy, and complies with applicable laws, including the Americans with Disabilities Act (“ADA”), Section 508 of the Rehabilitation Act of 1973, and other federal, state, and local accessibility standards.

By accessing or using our Services, you agree to be bound by this Policy, our Terms of Use, and our Privacy Policy. If you do not agree with any part of this Policy, you must not use our Services. We reserve the right to update this Policy at any time, and we will notify you of material changes by posting the updated Policy on the Site or through email (if you have provided us with your contact information). Your continued use of the Services after such changes constitutes your acceptance of the revised Policy.

This Policy is designed to prevent claims under the ADA and similar laws by ensuring that all users, including those with disabilities, can access and use our Services without discrimination. We strive to maintain our Services in compliance with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards, as recommended by the World Wide Web Consortium (W3C). If you encounter any barriers to accessibility, please contact us immediately at the address provided below so we can address them promptly.

Purpose and Scope

The purpose of this AUP is to:

  • Promote responsible, ethical, and legal use of our Services.
  • Ensure that all users can access our Services equitably, regardless of ability, disability, or other protected characteristics.
  • Prevent misuse that could lead to accessibility barriers, privacy violations, or legal claims under the ADA (42 U.S.C. § 12101 et seq.), the California Unruh Civil Rights Act (Cal. Civ. Code § 51 et seq.), or other anti-discrimination laws.
  • Protect the integrity, security, and availability of our Services for all users.

This Policy applies to all users of our Services, including but not limited to visitors, registered users, customers, and third-party providers. It covers all interactions with the Site and Services, including browsing, registering, submitting content, and participating in training or other activities. Employees, contractors, and affiliates of SenecaWorks are also bound by this Policy and must adhere to it in all professional capacities.

Accessibility Commitments

To prevent ADA claims and ensure inclusive access, we make the following commitments regarding the accessibility of our Services:

1. Compliance with Accessibility Standards

  • WCAG Conformance: Our Services are designed, developed, and maintained to conform to WCAG 2.1 Level AA success criteria. This includes providing alternatives for time-based media, ensuring keyboard accessibility, using sufficient color contrast (at least 4.5:1 for normal text), and enabling compatibility with assistive technologies such as screen readers (e.g., JAWS, NVDA, VoiceOver).
  • Section 508 Compliance: As a provider of digital services that may be used by or on behalf of government entities, we ensure our Services meet the standards of Section 508 of the Rehabilitation Act (29 U.S.C. § 794d), including functional performance criteria for users with visual, auditory, motor, cognitive, and other impairments.
  • ADA Alignment: We align our practices with Title III of the ADA, which requires places of public accommodation (including websites) to be accessible to individuals with disabilities. This includes removing barriers to full and equal enjoyment of our Services.

2. Features for Users with Disabilities

  • Screen Reader Compatibility: All content, including text, images, videos, and interactive elements, is structured with proper HTML semantics (e.g., headings, alt text for images, ARIA labels for dynamic content) to ensure compatibility with screen readers.
  • Keyboard Navigation: All functionality is operable through a keyboard interface without requiring specific timings for individual keystrokes, except where the functionality requires it (e.g., real-time video playback).
  • Multimedia Accessibility: Videos and audio content include closed captions, transcripts, and audio descriptions where applicable. Users can pause, stop, or adjust playback speeds.
  • Form and Navigation Aids: Forms include clear error identification, labels, and instructions. Navigation menus are consistent and predictable, with skip links to main content.
  • Color and Contrast: We avoid relying solely on color to convey information and maintain adequate contrast ratios.
  • Resizable Text: Text can be resized up to 200% without loss of content or functionality.
  • Assistive Technology Support: We test our Services with common assistive technologies and browsers (e.g., Chrome, Firefox, Safari) to ensure broad compatibility.

3. Ongoing Monitoring and Testing

  • We conduct regular accessibility audits using automated tools (e.g., WAVE, Axe) and manual testing by individuals with disabilities.
  • User feedback is actively solicited through an accessibility contact form on the Site.
  • Any third-party content or tools integrated into our Services must also comply with these standards, and we vet vendors accordingly (e.g., referencing cases like Saleh v. Nike, Inc., where session replay software raised privacy and accessibility concerns).

4. Reasonable Accommodations

If you require a reasonable accommodation to access our Services (e.g., alternative formats for documents, extended time for interactive elements, or sign language interpretation for videos), please contact our Accessibility Coordinator at accessibility@senworks.org or by mail at the address above. We will respond within 48 hours and work to provide accommodations in a timely manner, consistent with ADA requirements.

Requests for accommodations will be handled confidentially and without discrimination.

Prohibited Uses

To maintain accessibility and prevent ADA claims, the following uses of our Services are strictly prohibited. Violation may result in immediate suspension or termination of access, and we reserve the right to pursue legal remedies, including reporting to authorities if necessary.

1. Accessibility-Discriminatory Conduct

  • Creating or Posting Inaccessible Content: You may not upload, post, or share content (e.g., images without alt text, videos without captions, or documents without tagged PDFs) that fails to meet WCAG 2.1 Level AA standards. This includes any materials that could create barriers for users with disabilities.
  • Interfering with Accessibility Features: Do not disable, bypass, or interfere with accessibility tools, such as screen reader support, keyboard navigation, or high-contrast modes. For example, do not use scripts or extensions that alter the Site’s functionality in ways that reduce accessibility.
  • Discriminatory Practices: You may not use the Services to discriminate against individuals based on disability, including denying access, providing unequal services, or harassing users who request accommodations.

2. Privacy and Data Misuse (Informed by Tracking Concerns)

Drawing from precedents like Ramos v. The Gap, Inc. and Saleh v. Nike, Inc., where third-party tracking (e.g., pixels, cookies, session replay) led to privacy invasion claims under laws like the California Invasion of Privacy Act (CIPA), we prohibit:

  • Unauthorized Tracking or Monitoring: Do not use or deploy tracking technologies (e.g., invisible pixels, cookies, JavaScript trackers) on our Services without our express written consent. All such tools must be disclosed in our Privacy Policy and configured to respect user consent.
  • Data Collection Without Consent: You may not collect, intercept, or disclose personal data (e.g., email interactions, keystrokes, location data) from other users without their explicit, informed consent, in compliance with CIPA (Cal. Penal Code §§ 631, 635) and our Privacy Policy.
  • Session Replay or Similar Tools: Prohibited unless explicitly approved and configured for accessibility (e.g., anonymized data, no capture of sensitive inputs like payment information).

3. Illegal or Harmful Activities

  • Violations of Law: Do not use the Services for any illegal purpose, including fraud, harassment, defamation, or infringement of intellectual property rights.
  • Harmful Content: Prohibit posting obscene, threatening, libelous, or discriminatory content that could violate privacy laws or create an inaccessible environment.
  • Excessive or Disruptive Use: Do not engage in activities that overload the Services, such as automated scraping, denial-of-service attacks, or excessive bandwidth consumption, which could impair accessibility for other users.
  • Commercial Exploitation Without Permission: Do not use the Services for unauthorized commercial purposes, such as advertising or selling products without our consent.

4. Security Violations

  • Unauthorized Access: Do not attempt to access restricted areas, accounts, or data without authorization. This includes hacking, phishing, or using vulnerabilities to gain access.
  • Malware Distribution: Prohibit uploading or distributing viruses, malware, or any code that could compromise the security or accessibility of the Services.
  • Impersonation: Do not impersonate others or misrepresent your identity in a way that could lead to discriminatory treatment or accessibility issues.

User Responsibilities

As a user, you agree to:

  • Provide Accurate Information: When registering or submitting data, provide truthful and complete information. If you have a disability, disclose it only as necessary for accommodations, and we will handle it confidentially.
  • Report Accessibility Issues: Promptly report any barriers you encounter using the contact methods above. Your feedback helps us improve compliance and avoid claims.
  • Comply with Accommodations: If we provide an accommodation, use it responsibly and notify us if it is insufficient.
  • Consent to Monitoring: We may monitor usage to ensure compliance with this Policy and accessibility standards, but only in aggregated, anonymized forms unless required by law.
  • Assist in Investigations: Cooperate with any investigation into potential violations, including providing information about accessibility-related issues.

Enforcement and Reporting

1. Monitoring and Enforcement

  • We reserve the right to monitor usage of the Services to enforce this Policy, detect accessibility violations, and ensure ADA compliance. Monitoring will respect user privacy as outlined in our Privacy Policy.
  • Violations may result in warnings, temporary suspensions, permanent termination of access, or legal action. We will consider the severity of the violation and any mitigating factors (e.g., unintentional errors due to disability).
  • In cases of repeated or severe violations, we may report to relevant authorities, such as the U.S. Department of Justice for ADA enforcement.

2. Reporting Violations

To report a suspected violation of this Policy or an accessibility barrier, contact us at:

  • Email: compliance@senworks.org
  • Phone: (907) 555-0123 (voice/TTY compatible)
  • Mail: SenecaWorks LLC, Attn: Compliance Officer, 721 Depot Drive, Anchorage, AK 99501

Provide as much detail as possible, including screenshots, URLs, and how the issue impacts accessibility. We will investigate promptly and respond within 72 hours.

Anonymous reports are accepted, but providing contact information allows us to follow up.

3. Appeals Process

If your access is suspended or terminated, you may appeal by emailing appeals@senworks.org within 14 days, explaining why the action was unwarranted. We will review and respond within 10 business days.

Dispute Resolution

Any disputes arising from this Policy, including ADA-related claims, will be resolved through binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules, as detailed in our Terms of Use. This includes a waiver of class actions and a requirement for individual arbitration. The arbitration will be held in Anchorage, Alaska, unless otherwise agreed or required by law (e.g., fee waivers for low-income consumers under California or New Jersey statutes).

We encourage informal resolution first. Contact our Legal Department at legal@senworks.org before initiating arbitration.

Limitations of Liability

While we strive for full accessibility, the Services are provided “as is” without warranties of perfect compliance. We disclaim liability for indirect, consequential, or punitive damages arising from accessibility issues, to the extent permitted by law. However, we will not disclaim liability for intentional discrimination under the ADA.

Contact Information

For questions about this Policy, accessibility accommodations, or reporting issues:

SenecaWorks LLC 721 Depot Drive Anchorage, AK 99501

We value your input and are dedicated to fostering an inclusive environment. Thank you for helping us maintain accessible Services for all.

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