Terms of Service

Welcome to DAPEN.org, operated by Digital Accessibility Protection & Education Network, LLC (“DAPEN,” “we,” “us,” or “our”).
DAPEN provides educational resources, accessibility certification, and digital protection services for websites created using modern website builders.

By using our website, registering as a DAPEN Partner, or purchasing a DAPEN Certificate, you (“you,” “user,” “Partner,” or “Business Owner”) agree to these Terms of Service (“Terms”). If you do not agree, please do not use DAPEN.org or any related services.

1. Overview of Services

DAPEN.org provides:

• Educational Content – Free and paid resources to help users understand and apply accessibility principles through the Website Builder Accessibility Guidelines (WBAG).
• DAPEN Partner Program – A program for qualified website designers or developers (“Partners”) to submit client websites for certification.
• DAPEN Certification & Protection Plans – Annual website certification and legal protection services (“Certificates”) for business owners (“Business Owners”).

DAPEN is not a law firm or insurance provider. Any legal support we provide is coordinated through independent, licensed attorneys engaged by DAPEN on your behalf under a service contract, not as legal representation or insurance coverage.

2. Eligibility and Accounts

You must be at least 18 years old to use our services.
You agree to provide accurate, complete information when creating an account or submitting a website, and to keep your login credentials secure.
DAPEN reserves the right to suspend or terminate accounts that violate these Terms or misrepresent information.

3. Use of the Website and Educational Resources

All content, text, and materials on DAPEN.org are provided for informational purposes only.
You may not reproduce, resell, or distribute any DAPEN materials without written permission.

4. DAPEN Certification & Protection

4.1. WBAG Certification

A website becomes eligible for DAPEN Certification once it substantially follows the Website Builder Accessibility Guidelines (WBAG) and is reviewed by DAPEN or an approved DAPEN Partner.

Certification indicates that the website meets DAPEN’s internal accessibility standards as of the certification date.
DAPEN does not guarantee full compliance with the Web Content Accessibility Guidelines (WCAG) or any other legal framework unless explicitly stated in writing.

4.2. Legal Support (DAPEN Defense)

If a certified website receives an ADA or digital accessibility demand letter, DAPEN will:

• Hire and pay for a licensed attorney to review and respond to the claim;
• Hire and pay for a developer to fix all accessibility issues specifically mentioned in the demand;
• Coordinate communication between the Business Owner and the legal representative.

Coverage applies only to active DAPEN Certificates in good standing (no overdue or canceled payments).
DAPEN’s obligation is limited to covering the cost of attorney response and remediation for issues cited in the demand letter.
DAPEN is not responsible for any additional damages, settlements, or attorney’s fees beyond this scope.

5. DAPEN Partner Program

5.1. Eligibility

DAPEN Partners are independent website designers, developers, or agencies approved by DAPEN.
Partners may promote themselves as “DAPEN Partners” or “WBAG Certified Builders” only while their account remains active and in good standing.

5.2. Responsibilities

Partners must:

• Submit websites that, to their knowledge, comply with WBAG standards.
• Represent their relationship with DAPEN truthfully and not imply they are employees or agents of DAPEN.
• Avoid submitting websites that contain illegal, offensive, or discriminatory content.

5.3. License

DAPEN grants Partners a non-exclusive, non-transferable, revocable license to use DAPEN Partner materials, logos, and certificates for marketing purposes.
DAPEN may revoke this license at any time for misuse or noncompliance.

6. Business Owner Responsibilities

Business Owners retain full responsibility for all website content, products, and services offered through their website.
DAPEN is not liable for user-generated content or any business activity conducted through a certified website.

Business Owners agree to:

• Keep their website active and accessible;
• Notify DAPEN of significant website redesigns or rebuilds;
• Allow DAPEN to perform audits or reviews as part of the certification process.

Failure to maintain accessibility practices may result in revocation of certification without refund.

7. Fees, Payments, and Renewals

All prices are listed in U.S. dollars.

• Annual fees are charged at the time of certification and renew automatically each year unless canceled.
• Cancellations must occur before renewal to avoid being charged for the next term.
• DAPEN does not offer refunds for partial service periods or revoked certifications.

If payment fails or remains overdue for more than 30 days, DAPEN may suspend certification and related protection.

8. Limitation of Liability

To the maximum extent permitted by law:

• DAPEN shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of the use of our services.
• DAPEN’s total liability shall not exceed the total amount paid by you in the 12 months preceding the claim.
• DAPEN makes no warranty that certification guarantees legal immunity from ADA lawsuits.

9. Disclaimer of Warranties

DAPEN provides all services “as is” and “as available.”
DAPEN makes no warranties, express or implied, regarding website accessibility compliance or uninterrupted service availability.

10. Intellectual Property

All DAPEN.org content, including the WBAG framework, trademarks, logos, text, and code, are owned by Digital Accessibility Protection & Education Network, LLC.
You may not copy, modify, or distribute any content without prior written permission.

11. Indemnification

You agree to indemnify and hold harmless DAPEN, its officers, directors, and contractors from any claims, damages, or expenses arising out of your use of the services, your website content, or violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

Any dispute arising under these Terms shall be resolved through binding arbitration in Orange County, California, in accordance with the rules of the American Arbitration Association.

13. Amendments

DAPEN may update these Terms at any time by posting a new version on our website.
Continued use of the site after changes become effective constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms or your DAPEN account, please contact:
📧 support@dapen.org
📍 Digital Accessibility Protection & Education Network, LLC
Huntington Beach, California

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