This Site (www.capublicnotice.com), which serves as repository for public notices in California, is a statewide website established and maintained by CNPA Services, Inc. (CNPA). This Site allows California newspapers to publish online those public notices that also appear in their print newspaper editions. CNPA provides the capublicnotice.com website as a public service to make public notices easily accessible on the Internet.
1. ACCEPTING & UPDATING THESE TERMS
By using the Site you agree to these Terms. CNPA may update those Terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Site, please contact CNPA at firstname.lastname@example.org . Subject to your compliance with the Terms, CNPA grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site for your personal, non-commercial use only.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any content on the Site for commercial purposes; (b) not to alter the Site content in any manner or use such Site content in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; and (d) except with CNPA’s written consent, not to frame, link, associate with advertisements or commercially exploit this Site or Site content.
2. THIRD PARTY CONTENT
The Site consists of public notices submitted by newspapers in California. Because content is submitted by third parties directly, CNPA exercises no control over that content or its accuracy, nor does CNPA assume any responsibility for the timely publication of these notices. You agree that CNPA shall not be responsible or liable for any loss caused or alleged in connection with use of the Site.
California newspapers are not required by law to upload notices to this Site. CNPA does not charge newspapers a fee to upload these notices but reserves the right to charge a fee for participation in this Site. As a condition of uploading notices to this Site, each participating newspaper certifies that it meets the statutory requirements of California law to be a qualified publisher of those notices. CNPA takes no responsibility for that certification.
Each person or public body placing a notice for publication with a newspaper is responsible for selecting a newspaper which meets the specific requirement for each notice. The requirements of each statute which requires the publication of the notice should be reviewed to determine which newspaper or newspapers are eligible to publish the notice. CNPA assumes no responsibility for the selection of the appropriate newspaper for publication.
3. DISQUALIFICATION AND TERMINATION
Except for smart search subscribers, CNPA does not collect names or addresses of Site users. Unless required by law, CNPA does not sell, rent, barter mailing lists of users or disclose users' names, addresses, or other personally identifying information except that it may, at its discretion, make this information available to partners that have a specific, contractual relationship to act as a sales agent for this Site.
5. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS IS." CNPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED BY WAY OF THE SITE SHALL CREATE ANY WARRANTY BINDING CNPA.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
You agree to indemnify and hold CNPA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorneys' fees, made by any third party arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the Site.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CNPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CNPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (d) ANY OTHER MATTER RELATING TO THE SITE. UNDER NO CIRCUMSTANCES SHALL CNPA BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE USE OF THE SITE.
8. GOVERNING LAW & JURISDICTION
The Site is compiled and made available to the public by CNPA from its offices in Sacramento, California, United States of America. If you choose to access this database from outside California you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Site shall be governed by California law and adjudicated by the Sacramento County Superior Court or the United States District Court for the Central District of California, and you consent to the personal jurisdiction of those courts.
9. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between CNPA and you and govern your use of the Site, superseding any prior agreements between you and CNPA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. CNPA’s failure to act with respect to a breach by you or others does not waive CNPA’s right to act with respect to subsequent or similar breaches. By using the Site, you represent that you can form legally binding contracts. These Terms and all writings incorporated by reference into the Terms set forth the entire agreement between us with respect to the Public Notice Database.