SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT

Website Accessibility Evaluation

30. Within one (1) year after the Effective Date of this Agreement (the “Initial Audit Deadline”), the independent Website Accessibility Consultant shall provide the parties a written evaluation (“Website Accessibility Evaluation”) concerning the conformance of www.edx.org, edX’s mobile applications and the Platform with, at minimum, WCAG 2.0 AA.  The evaluation shall: (a) identify any ways that www.edx.org, the mobile applications, or the Platform are out of conformance with WCAG 2.0 AA; and (b) make recommendations to improve the accessibility of www.edx.org, the mobile applications, and the Platform.  EdX shall address all of the recommendations contained in the Website Accessibility Evaluation and remedy any areas of non-conformance with WCAG 2.0 AA no later than the Website, Mobile Application, and LMS Deadline; provided that, recommendations to remedy non-conformance of the CMS are to be addressed by the CMS Deadline. 

31. On an annual basis after the Initial Audit Deadline (no later than each anniversary of the Initial Audit Deadline), the independent Website Accessibility Consultant shall provide the parties a Website Accessibility Evaluation concerning conformance of www.edx.org , edX’s mobile applications and the Platform with, at a minimum, WCAG 2.0 AA.  The evaluation shall: (a) identify any ways that www.edx.org , the mobile applications, or the Platform are out of conformance with WCAG 2.0 AA; and (b) make recommendations to improve the accessibility of www.edx.org , the mobile applications, and the Platform.  EdX shall address the recommendations contained in the Website Accessibility Evaluation and remedy any areas of non-conformance with WCAG 2.0 AA within ninety (90) days of receiving the Website Accessibility Evaluation and report its actions to the Department in the next report due under Paragraph 33; provided that recommendations to remedy non-conformance of the CMS are to be addressed by the CMS Deadline.  Following the CMS Deadline, edX shall address any recommendations to remedy non-conformance of the CMS in any Website Accessibility Evaluation within ninety (90) days of receiving the Website Accessibility Evaluation.

32. If during any Website Accessibility Evaluation the Website Accessibility Consultant identifies Course Content that does not conform with WCAG 2.0 AA or cannot be used by individuals with disabilities, the Website Accessibility Consultant shall report such information to edX, which shall deliver such information to the Content Provider, and shall report the generalized nature of such information to the United States pursuant to Paragraph 33.