Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This is a Password Protected Site

For quality assurance and security reasons, all network activity inside the domain http://www.capcentralMCLE.org (hereinafter "training site") may be monitored and/or logged from time to time. Central California Appellate Program (hereinafter "web manager" or "CCAP") reserves the right to terminate usage rights to anyone who loans their password to a third party, or in any other way misuses the training site. "Misuse" includes but is not limited to: displaying training presentations to a third party, whether or not for personal gain; repeated violations of Forum Netiquette Guidelines (see below); copying, distributing, or downloading for distribution any portion of a presentation from the training site to a third party; or any copyright violation.

By using this training site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this training site following the posting of changes to these terms constitutes an acknowledgment that you agree to abide by these terms and conditions and any amendments or changes to them that may occur from time to time.

Although this may appear to be a list of "don’ts," you should also realize that there’s a much larger list of things you are free to "do" with respect to using this training site. This freedom, however, carries with it some degree of responsibility – not a legal responsibility, but a professional responsibility – needed to keep the training site functioning within its purpose of facilitating user-friendly project training to enhance and develop the education, practice skills, and research/writing skills of appellate panel practitioners.

Who Are The Site Users?

The list of participants for this site is presently "closed," meaning the users are only project attorneys and those attorneys designated by the California appellate indigent defense projects – CCAP, ADI, CAP-LA, FDAP, and SDAP (collectively referred to as the "CAP projects"), as a currently active panel member (hereinafter referred to as "statewide panel"). A user may belong to one or more CAP project panels to be on the statewide panel. The training site user list will be periodically compared to a statewide panel list; non-statewide panel members may be removed from the users list by the webmaster with or without notice by termination of the user’s password. (Statistics for MCLE purposes will be preserved according to MCLE provider requirements even if a user is removed. Please contact CCAP for MCLE verification.)

Privacy Policy

Please refer to our Privacy Policy posted separately.

Technical Questions

Technical questions or comments regarding this training site may be directed to resources@capcentral.org Sending an email results in a single email message that reaches the training site webmaster. Please do not send legal questions regarding the presentations to this email. (And if you like the site, we would like to hear that, too!)

Forum Netiquette Guidelines

1. A Comment & Discussion Forum is a grouping of related comments or threads of discussion about a particular video. A video Forum contains 1 or more threads or may have none at all if nothing has been posted by viewers.

2. Do not expect the presenter/speaker to reply to your post or the thread. The Comment & Discussion Forum associated with each video is for the users to post opinions, questions, comments, etc., for others to read and respond to concerning the topic presented. The presenter/speaker is unlikely to monitor the threads for this purpose and should not be expected to respond, give advice, or answer a specific question.

3. Unnecessary threads are discouraged. Generally, the "Hey, that happened to me too," post alone is little use to anyone. On the other hand, a "Hey, that happened to me too, and here’s what I did . . . ." does belong on the thread and will enhance the overall learning experience of the users. We hope to increase the knowledge base in appellate practice and these latter comments can help others.

4. Never post in a thread anything you would not write on a postcard. Consider that a large diverse audience will see your posts. That audience may include both your colleagues and your project staff buddy. Take care in what you write. Keep in mind that someone might forward your comments outside the Forum. That might be in violation of the Guidelines (see the next item), but it can happen and it can be very embarrassing.

5. You may not copy, paste, forward or otherwise distribute Forum postings by a user to a non-user unless you first obtain permission from the original author(s) and the training site web manager.

6. Be brief and to the point. Avoid wandering off topic. When posting a response thread, it is unnecessary to repeat the previous message thread. Edit out all irrelevant material.

7. Never post technical comments on the Forum. Keep technical/computer questions off the Forums; instead direct them to the webmaster for assistance at: resources@capcentral.org

8. Use mixed case in posts. UPPER CASE LOOKS AS IF YOU'RE SHOUTING!

9. Assume that individual users speak for themselves, and what they say does not represent a CAP project (unless stated explicitly).

10. Advertising via the site Forums of any publicly or privately sponsored events, materials, blogs, web sites, goods, products, or services is prohibited. Examples of prohibited postings include advertising/announcing the sale of a book or publication, training workshop, seminar, video/audio tapes, newsletters, employment opportunities, office space available for lease, computer equipment for sale, or promoting web sites or events not sponsored or co-sponsored by the CAP projects.

11. Violations of the Guidelines may result in either a warning or the termination of a user’s password with or without notice. Warnings for first-time violations or terminations for repeated violations of the Guidelines may be appealed to the CCAP Executive Director. You are hereby notified that a decision rendered by the Executive Director will be the final resolution of the dispute.

12. Your use of the training site Forums constitutes an acknowledgment that you agree to abide by these Guidelines.

Disclaimer

The training site is available on a 24-hours-a-day, 7-days-a-week, non-guaranteed basis. The web manager accepts no responsibility for errors or inaccurate information in training site presentations or materials, whether by a CAP project or a guest speaker. Every reasonable attempt has been made to maintain accuracy, but no guarantees of such can be made. All data on the training set is informational only. Users are strongly encouraged to Shepardize everything, regardless of the creation date noted for a presentation. The user assumes the entire risk as to results and performance. The information on the training site is subject to change without notice.

The web manager assumes no liability for any loss or damage from errors or omissions in the training site whether arising in contract, negligence or otherwise.

The information supplied on this web site should not be relied upon to make legal decisions. If you need a lawyer or legal advice, you should contact the bar association or a lawyer referral service for the county you live in, or where the case is scheduled. The information supplied on this web site is provided by CAP project employees, panel members and non-members. While the web manager makes every effort to present accurate and reliable information on this web site, the web manager does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by the web manager. The web manager, including its Board of Directors, Executive Director, attorneys, assistants, webmaster, employees and agents, assumes no responsibility for consequences resulting from the use of the information herein, or from use of the information contained at linked Internet addresses, or in any respect for the content of such information, including, but not limited to, errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. The web manager is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. No guarantees or warranties, including, but not limited to, any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by the web manager with respect to such information.

If you have questions regarding any of these terms and conditions of use of the training site, you should contact the web manager via email at resources@capcentral.org for further information and clarification.