Terms of Use
1. Agreement to Terms
These Terms of Use (these "Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Capitol Daybook ("Capitol Daybook," "we," "us," or "our") governing your access to and use of the website located at capitoldaybook.com (the "Site") and all services, features, content, and functionality made available by or through the Site, including, without limitation, the Capitol Brief and all newsletters and job posting services (collectively, the "Services"). By accessing, browsing, registering for, or otherwise using the Site or the Services, you represent, warrant, and covenant that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site or the Services. If you access or use the Services on behalf of an employer, company, governmental body, campaign, or other entity, you represent and warrant that you are authorized to bind such entity to these Terms, and references herein to "you" shall be deemed to include such entity.
2. Eligibility and Accounts
The Services are intended for persons who are eighteen (18) years of age or older, and by using the Services you represent that you satisfy the foregoing requirement. Certain features of the Services require registration and the maintenance of an account, which accounts are administered on our behalf by SentryLogin or another designated provider. You agree to provide information that is accurate, current, and complete; to maintain and promptly update such information; to maintain the confidentiality and security of your credentials; to refrain from disclosing your credentials to, or sharing your account with, any other person; and to accept responsibility for all activities that occur under your account, whether or not authorized by you. We reserve the right to suspend, restrict, or terminate any account, and to refuse registration to any person, in our sole discretion, with or without notice, for any reason or for no reason, including, without limitation, any actual or suspected breach of these Terms.
3. Subscriptions and Billing
(a) Subscriber benefits. A subscription confers upon the individual subscriber, and upon no other person, the right, during the term of the subscription, to access subscriber-only job listings in full and to receive the subscriber edition of our email newsletter. (b) Free trial; conversion. Unless otherwise stated in writing at the time of enrollment, the first month of a new subscription is provided without charge, and, unless you cancel prior to the expiration of such free month, your subscription shall automatically convert to a paid subscription at the conclusion thereof. (c) Recurring charges. The subscription fee is presently five dollars (USD $5.00) per month, payable in advance, and is charged to the payment method you provide through our payment processor, Stripe, on a recurring monthly basis until cancelled. By enrolling, you authorize Capitol Daybook, by and through Stripe and SentryLogin, to charge such payment method for all fees as they become due. (d) Price changes. We may change the subscription fee or any other fee upon not less than thirty (30) days notice, which may be furnished by electronic mail or by posting on the Site, and any such change shall apply prospectively to billing periods commencing after the effective date thereof. (e) Taxes. Fees are exclusive of any sales, use, value added, or similar taxes, which, if applicable, shall be borne by you. (f) Cancellation. You may cancel your subscription at any time through your account, through the member login facilities, or by contacting us, and cancellation shall be effective as to future renewals as of the end of the then-current billing period or, during a free month, immediately upon processing. (g) Correction of erroneous charges; refunds. If you are charged for a subscription after having duly cancelled it, notify us and we will correct the charge. Except as expressly provided in the preceding sentence, as required by applicable law, or as otherwise stated in these Terms with respect to employer listings, all fees are non-refundable.
4. Employer Services; Job Postings
(a) Posting. Employers and their authorized representatives may submit job postings for publication on the Site for the durations and at the prices set forth on the Post a Job page, as such durations and prices may be revised from time to time. A posting shall be published, and the purchased period shall commence, upon our confirmation of payment, which confirmation is effected by our payment processor and communicated to our systems automatically. (b) Featured placement. Where featured placement is purchased, the corresponding listing shall, for a period of ten (10) days commencing upon publication, be displayed at or near the top of the applicable job listings and shall bear a "Featured" designation, subject to availability (featured inventory being limited) and to the ordinary ordering, formatting, and display practices of the Site; provided, however, that we make no representation or warranty as to the number of impressions, views, clicks, or applications that any listing, whether featured or otherwise, shall receive. (c) License. By submitting a posting or other content, you grant to Capitol Daybook a non-exclusive, royalty-free, fully paid up, transferable, and sublicensable license to use, reproduce, publish, display, distribute, adapt, abridge, format, and otherwise exploit such content, in whole or in part, in connection with the Site, the Services, and our newsletters, in any medium now known or hereafter devised, for so long as such content is published and thereafter in our archives. (d) Employer representations. Each employer, by submitting a posting, represents, warrants, and covenants that: (i) the posting is accurate, current, and not misleading in any material respect; (ii) the position described is bona fide and available; (iii) the posting and the underlying employment comply with all applicable federal, state, and local laws and regulations, including, without limitation, equal employment opportunity and anti-discrimination laws; (iv) the employer holds all rights necessary to submit and publish the posting; and (v) the posting contains no material that is defamatory, infringing, unlawful, or in violation of the rights of any person. (e) Review and removal. We may, in our sole discretion and without notice or liability, edit for length, clarity, or formatting, decline to publish, or remove, any posting at any time, including, without limitation, postings that we believe to be inaccurate, expired, duplicative, or inconsistent with these Terms; provided that our election to review or edit any posting shall not give rise to any duty to review or monitor any other posting, and we assume no responsibility for the accuracy, completeness, or legality of any posting. (f) No agency. Capitol Daybook is not an employer, employment agency, recruiter, or staffing firm with respect to any listing, is not a party to any application, interview, offer, or employment relationship, and makes no representation as to the qualifications, identity, or bona fides of any applicant or employer.
5. Content You Submit; Tips and Messages
In addition to job postings, you may submit news tips, press releases, announcements, messages, and other materials (collectively with job postings, "User Content"). You retain whatever ownership you hold in your User Content, subject to the licenses granted herein, and you grant to Capitol Daybook a non-exclusive, royalty-free, perpetual (with respect to editorial use), irrevocable license to use, reproduce, publish, and attribute User Content submitted as news tips or announcements in the Capitol Brief and related editorial products, with or without attribution, in our editorial discretion. You are solely responsible for your User Content and for all consequences of its submission and publication.
6. Prohibited Conduct
Without limiting any other provision of these Terms, you shall not, directly or indirectly, by any means or device: (a) use the Site or the Services for any unlawful purpose or in violation of any applicable law or regulation; (b) post, submit, or transmit any content that is false, misleading, defamatory, libelous, obscene, harassing, threatening, discriminatory, or that infringes or misappropriates the intellectual property, privacy, publicity, or other rights of any person; (c) post any job listing for a position that does not exist, that requires the payment of a fee by the applicant as a condition of consideration, or that is otherwise not a bona fide employment opportunity; (d) scrape, crawl, spider, harvest, data mine, or otherwise systematically extract data, listings, or subscriber information from the Site by automated means, except by bona fide search engine operators in accordance with our robots.txt directives; (e) circumvent, disable, or interfere with any access control, paywall, authentication, or security feature of the Site, including the subscriber access controls administered by SentryLogin; (f) share, resell, redistribute, or permit any third party to use your subscription or account credentials, or reproduce or republish subscriber-only content; (g) impersonate any person or entity, or misrepresent your affiliation with any person or entity; (h) introduce viruses, malware, or other harmful code, or engage in any conduct that imposes an unreasonable load upon our infrastructure or interferes with the operation of the Site; or (i) attempt to do, or assist, encourage, or permit any other person to do, any of the foregoing.
7. Intellectual Property
All content, materials, software, text, graphics, logos, trademarks, trade dress, and other elements of the Site and the Services, other than User Content, are and shall remain the exclusive property of Capitol Daybook or its licensors and are protected by applicable intellectual property and other laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and the Services for your personal, non-commercial purposes or, in the case of employers, for your internal recruiting purposes. No right, title, or interest in or to the Site or the Services is transferred to you by virtue of these Terms or your use of the Services, and all rights not expressly granted are reserved.
8. Copyright; Notice and Takedown
If you believe that any content on the Site infringes a copyright that you own or control, you may submit a notification to admin@capitoldaybook.com or to Capitol Daybook, Post Office Box 1639, Sacramento, CA 95814, US, setting forth: (a) an identification of the copyrighted work claimed to have been infringed; (b) an identification of the allegedly infringing material and its location on the Site; (c) your name, address, telephone number, and electronic mail address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf, together with your physical or electronic signature. Upon receipt of a facially sufficient notification, we may remove or disable access to the material in question and, where appropriate, may terminate the accounts of repeat infringers.
9. Third Party Services and Links
The Services integrate with, link to, and rely upon third party services, including, without limitation, Stripe (payments), SentryLogin (membership accounts and access control), and MailerLite (electronic mail distribution), and job listings link to websites and application systems operated by employers and other third parties. Such third party services and websites are governed by their own terms and policies; we do not control, endorse, or assume responsibility for any third party service, website, content, or practice, and your use thereof is at your own risk.
10. Disclaimer of Warranties
THE SITE AND THE SERVICES, INCLUDING ALL LISTINGS, NEWSLETTERS, AND OTHER CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPITOL DAYBOOK DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY LISTING IS ACCURATE, CURRENT, COMPLETE, OR LAWFUL; THAT ANY POSITION REMAINS OPEN OR AVAILABLE; THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE; OR THAT ANY DEFECT WILL BE CORRECTED.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAPITOL DAYBOOK, OR ANY OF ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST OPPORTUNITIES, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, ANY LISTING, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR THESE TERMS SHALL IN NO EVENT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (USD $100.00) OR (B) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO CAPITOL DAYBOOK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Indemnification
You agree to indemnify, defend, and hold harmless Capitol Daybook and its owners, officers, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, in each case arising out of or relating to: (a) your User Content, including any job posting submitted by or on behalf of you; (b) your use of, or inability to use, the Site or the Services; (c) your violation of these Terms or of any applicable law or regulation, including employment and anti-discrimination laws; or (d) your violation of any right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification hereunder.
13. Arbitration Agreement; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. (a) Agreement to arbitrate. Except as provided in subsection (d), any dispute, claim, or controversy arising out of or relating to the Site, the Services, or these Terms, including the formation, interpretation, breach, or termination hereof and the arbitrability of any dispute, shall be resolved exclusively by binding individual arbitration administered in Sacramento County, California, by a single arbitrator under the rules of the American Arbitration Association then in effect, and judgment on the award may be entered in any court of competent jurisdiction. (b) Waivers. YOU AND CAPITOL DAYBOOK EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS OR TO PRESIDE OVER ANY SUCH PROCEEDING. (c) Fees. Each party shall bear its own attorneys' fees and costs, and the arbitrator's fees shall be allocated as the arbitrator directs, in each case except as otherwise required by applicable law. (d) Exceptions. Nothing in this Section shall prevent either party from (i) pursuing an individual claim in a small claims court of competent jurisdiction, or (ii) seeking provisional or injunctive relief from a court of competent jurisdiction in aid of arbitration or to prevent infringement of intellectual property rights. (e) Opt out. You may opt out of this arbitration agreement by delivering written notice to Capitol Daybook, Post Office Box 1639, Sacramento, CA 95814, US, postmarked within thirty (30) days after you first accept these Terms, in which event this Section shall be of no force or effect as to you. (f) Severability. If any part of this Section is held invalid or unenforceable, the remaining parts shall continue in full force and effect, except that if the class action waiver in subsection (b) is held unenforceable as to a particular claim, that claim shall be severed and brought in court in accordance with Section 14.
14. Governing Law and Venue
These Terms, and any dispute arising out of or relating hereto or to the Services that is not subject to arbitration under Section 13, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, and the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Sacramento County, California, and waive any objection based upon forum non conveniens.
15. Termination
We may suspend, restrict, or terminate your access to the Site and the Services, and may remove any User Content, at any time, with or without notice, in our sole discretion, including upon any actual or suspected breach of these Terms. You may terminate your use of the Services at any time by discontinuing use and, where applicable, cancelling your subscription in accordance with Section 3. Sections 4(c), 4(d), 5, 7, 8, 10, 11, 12, 13, 14, and 16, and any payment obligations accrued prior to termination, shall survive any termination or expiration of these Terms.
16. General Provisions
(a) Entire agreement. These Terms, together with the Privacy Policy and any other terms expressly incorporated herein by reference, constitute the entire agreement between you and Capitol Daybook with respect to the Site and the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the subject matter hereof. (b) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be reformed to the minimum extent necessary to make it valid and enforceable, or, if reformation is not possible, shall be severed, and the remaining provisions shall continue in full force and effect. (c) Waiver. No waiver of any provision of these Terms shall be effective unless in writing, and no waiver shall constitute a waiver of any other or subsequent breach or provision. (d) Assignment. You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent; any purported assignment in violation hereof is void. We may assign these Terms freely, including in connection with a sale, merger, or reorganization. (e) Notices. Notices to you may be given by electronic mail to the address associated with your account or by posting on the Site; notices to us must be given to admin@capitoldaybook.com or to Capitol Daybook, Post Office Box 1639, Sacramento, CA 95814, US. (f) Headings; construction. Headings are for convenience only and shall not affect interpretation. No presumption or rule of construction shall apply against any party as drafter. The words "including" and "include" shall be deemed followed by "without limitation." (g) No third party beneficiaries. Except as expressly provided herein, there are no third party beneficiaries of these Terms. The effective date of these Terms is October 24, 2026.