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Terms of Use, Confidentiality Agreement, and Disclaimers

The American Bar Association (“ABA”) Death Penalty Representation Project created this National Capital Standards Database (“Standards Database”) for the benefit of and exclusive use by capital defenders. By accessing this Standards Database, you represent that you currently meet these criteria and that you will abide by the terms of this Agreement as stated below.

Authorized Users and Access

Access to this Standards Database and use of these materials is restricted exclusively to persons who have been approved by the ABA Death Penalty Representation Project because they are capital defenders or persons representing death-sentenced prisoners in collateral proceedings (“Authorized Users”).

You agree to not share your username and password with anyone, including other members of your office or defense team.  In order to maintain the security of this Standards Database, each individual must register separately.

Confidentiality and Use of Materials

By accessing this database, you agree to keep all materials confidential.  You agree not to disseminate or otherwise provide any material obtained from the Standards Database to any person not currently an Authorized User as defined under this Agreement. Prohibited dissemination includes, but is not limited to, publishing or posting content to other websites or any listserves. Any non-confidential use must be authorized in writing and in advance by either the author of the document or the ABA Death Penalty Representation Project.

You may use this Standards Database and the materials you obtain from it only in connection with capital defense work.  Use for any other purpose, including training seminars, must be approved in advance in writing by the ABA Death Penalty Representation Project.

You must cease use of this Standards Database, destroy any materials you have already obtained from this website, and immediately notify the Death Penalty Representation Project at deathpenaltyproject@americanbar.org if you cease work as a capital defender.  Former capital defenders who are no longer working on capital cases are not authorized to use this Standards Database.

Removal of Materials

This Standards Database contains resources and materials developed by the ABA as well as other organizations/individuals. If the author of any materials in the Standards Database no longer wants his or her work on the Standards Database, that author should send a message to support@capstandards.org, and the administrators will remove the author’s materials from the Standards Database immediately.

Disclaimer of Warranties

The Standards Database is provided to you on an as-is and as-available basis. You agree that your use of the Standards Database is at your sole risk. You understand and agree that the ABA makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the Standards Database content; that the content will meet your requirements; that access to the Standards Database will be uninterrupted, timely, secure, or error free; or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied.

No Attorney-Client Relationship

Use of these materials in no way creates an attorney client relationship between any users and the employees of the ABA, attorneys and organizations contributing to the Standards Database, or authors of materials found in the Standards Database. The materials offered in the Standards Database do not constitute legal advice, legal services, or practice of law in any state or federal jurisdiction. Use of the information located on this site is not intended as a substitute for legal advice or representation by qualified counsel. The material found on this site should not be used by persons acting without legal counsel.

Adherence to Privacy Policy

You acknowledge that you have read and understood the ABA Privacy Policy, which applies to all ABA websites, and agree that the ABA may collect, use, and distribute information pursuant to that policy.

Adherence to Copyright Policy

You acknowledge that you have read and understood the following Copyright Policy.

Copyright Policy

It is the ABA’s policy to respond to notices of alleged copyright infringement. The ABA Death Penalty Representation Project may, in appropriate circumstances and at its discretion, remove certain content or disable access to content claimed to infringe the copyright or other intellectual property rights of others. If you believe that a copyright has been violated by material available through the Standards Database, please provide the ABA Death Penalty Representation Project with the following information:

  • Identification of the copyrighted work subject to alleged infringing activity
  • An exact description of where the material is located within the Standards Database
  • Your address, telephone number, and email address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you that the above information in your notice is accurate
  • Your electronic or physical signature

If you have any questions or concerns, please contact the Standards Database administrator at support@capstandards.org. Should you need to provide any of the information listed above, please do so in writing.

Revocation of Access

Failure to abide by any of these terms will result in the immediate revocation of your access and other actions as may be deemed necessary to ensure the continuing confidentiality of materials and security of the Standards Database.  The ABA reserves the right to revoke any user’s access for any reason without advance warning.  Concerns about misuse of any materials on this website or unauthorized access should be directed to support@capstandards.org.

Standard ABA Terms

All users of this site must agree to comply with the standard terms of use that apply to all American Bar Association websites in addition to any specific terms listed here.  You can review those terms via the following links:

Questions or Concerns

Any questions about these terms or use of the Standards Database should be directed to the Site Manager at support@capstandards.org.