Terms of Use

This Web site is owned and operated by California Association of Professional Employees (CAPE). By accessing or using this site, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. CAPE retains the right, at its discretion, to change any of these terms in the future.

Ownership of Copyright?

This site contains material that is owned, licensed, or paid for by CAPE. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software. Provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use.

Additional Rules?

This Web site contains a blog that is governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they form part of these Terms to which you agree through your continued use of this site. Also, please note that your postings to any bulletin boards or forums on this site become immediately public and will be accessible to anyone on the Internet.

Exclusion of Liability?

YOUR USE OF THIS WEB SITE IS "AS IS", AND CAPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT ITS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPE FURTHER DOES NOT WARRANT THAT ITS WEB SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CAPE OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE RANDOMHOUSE.COM SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE GRDPUBLISHING.COM SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAPE RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Other Web Sites?

CAPE has provided links with other internet sites that are maintained by third parties, and may from time to time provide materials from such third party sites on this Web site. Neither CAPE, its parent, subsidiaries or affiliates in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to the CAPE site and you should always review the terms and conditions of any site that you access through a link from this site.

Indemnity?

You agree to defend, indemnify and hold CAPE and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. CAPE shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Termination?

This agreement may be terminated by CAPE at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on CAPE's liability and on your use of CAPE material shall survive.

These Terms and Conditions, along with any additional rules or conditions referred to herein and the CAPE Privacy Policy, constitute the entire agreement and understanding between you and CAPE as to your use of the CAPE Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the CAPE Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction?

This agreement shall be governed by the laws of the State of California without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of California. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.

Contact CAPE?

If you have any questions, please email us. Please include the words "Terms of Use" in the subject line of your e-mail.