Terms And Conditions

Please read these Terms and Conditions (“Terms”) carefully. These Terms are an agreement between COPE Foundation (“COPE”) and you governing your use of the COPE website copefoundation.org (the “Site”), other COPE websites that we operate, and the support programs and other services we provide (the Site, such other websites, and such programs and services are collectively referred to in these terms as the “Services”). Throughout these Terms, “COPE,” “we,” “our,” or “us” refers to COPE and “you” or “your” refers to anybody using the Services. BY USING OR ACCESSING THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND ALL OTHER RULES, POLICIES, AND PROCEDURES RELATING TO THE SERVICES AND YOUR USE THEREOF THAT COPE MAY PROVIDE YOU FROM TIME TO TIME.

These Terms contain a mandatory arbitration agreement, requiring any dispute between you and COPE, subject to limited exceptions, to be resolved by final and binding arbitration on an individual basis and requiring you to forego jury trials, class or collective actions or proceedings, and all other types of court proceedings of any kind. Unless you opt out of the arbitration agreement following the opt-out procedures in section “Binding Arbitration & Class Action Waiver” section below, you will be bound by this arbitration agreement. By entering this agreement, you acknowledge that you understand and expressly agree to the mandatory arbitration agreement.

These Terms and the Privacy Policy collectively constitute the entire agreement with respect to your access to and use of the Services.

Your Agreement to These Terms

By using the Services, you acknowledge and agree that you, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Services (your “Company”), have read and agree to these Terms.

You agree that all disputes with us will be resolved through arbitration (as discussed below). You accept and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Services.

The Services are for adults and not intended for people under 13 unless otherwise specified by COPE with parent or guardian consent for the minor seeking to participate in the Services. We do not knowingly collect or store any personal information about children under 13 years of age, unless provided by a parent, guardian, or other adult seeking our services on behalf of a child. You represent that you are at least 18 years old and that you are legally able to agree to these Terms. If you are not at least 18 years old, you may only use the Services if your parent or guardian consents and assumes full responsibility for your use of the Services.

Where consent from a parent or guardian is required to allow their child or ward to receive the Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to the Services for the minor seeking to use the Services and are not legally mandated to confer with or get consent from any other parent or legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor.

Changes

We may change these Terms from time to time in our sole discretion. The most recent version will replace and supersede all previous versions. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Services or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within or available through the Services. You should return to this page from time to time to review the rules applicable to using the Services.

Services

While we hope the Services are beneficial to you, you understand, agree and acknowledge that they are not a substitute for certain mental health needs that might require in-person therapy services.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE SERVICES ARE NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND WE CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

THE SERVICES ARE NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE THEM IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS. THEY ARE ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SERVICES.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE SERVICES.

Compliance with Applicable Laws

As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws, regulations, policies of all relevant jurisdictions, local rules regarding online conduct, and any conditions or restrictions imposed by these terms. The Services are offered for your personal and non-commercial use only, and you are prohibited from using and are expressly not granted the right to use the Services for any other purpose.

Privacy Policy

Please also review our Privacy Policy, which is incorporated in these Terms. Our Privacy Policy explains what data and/or personal information we collect about you and how we use and share your data and/or personal information. Information that you provide to us or that we collect about you and your Company through your access to and use of the Services is subject to our Privacy Policy.

Electric Communication

You agree to receive emails and other electronic communications from us. You agree that electronic messages we send to you are communications “in writing” for legal purposes.

Your Data

We will implement measures designed to protect the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible for someone hacking your account or any unauthorized access to our use of our systems.

We may change the services we offer or suspend or cease performance of the services at any time or for any reason. We also reserve the right to cancel or refuse services. We may also remove or edit content or delete accounts.

Communication Between Us and You

If you sign up for our email list and indicate that you want to receive such information, you agree that we or our third party partners or service providers may communicate with you from time to time regarding the Services.

We reserve the right to contact you by email for purposes of informing you of changes to the Services or these Terms. We may also contact you regarding surveys or feedback regarding the Services.

No Unlawful or Prohibited Use/Intellectual Property

All rights, title, and interest, including all related intellectual property rights, in and to the Services (including the Site) are owned by COPE, its licensors, or other providers thereof. “COPE Foundation”, “copefoundation.org”, and all related names, logos, product and service names, designs, and slogans (“COPE Marks”) are trademarks of COPE or its affiliates or licensors. You may not use the COPE Marks without the prior written permission of COPE. All other names, logos, product and service names, designs, and slogans displayed in connection with the Services (including the Site) are the trademarks of their respective owners.

Subject to your compliance with these Terms, COPE grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use and access the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by COPE and its licensors.

You agree not to use the Services to do anything illegal. You also agree that you will not do anything that violates these Terms. You agree that you will not try to hack us or try to sabotage the Services in any way. You agree that you will not try to access another user’s data or do anything that prevents someone else from using the Services. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the content made available through or in connection with the Services.

You may not access, use, or copy any portion of the Services (including the Site) through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms.

All of the content we make available through or in connection with the Services (including the Site) is protected by various laws. That means all articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content that is collected online, or other content that is combined with information collected online, are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries, or by other applicable laws and regulations. All individual articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are also copyrighted works. All copyrights in the Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.

You represent and warrant that no materials you submit to us or the Services will violate, plagiarize, or infringe upon the rights of third parties or contain libelous or unlawful material. You agree not to use, publish, reproduce, distribute, enter into a database, display, perform, modify, create derivative works, transmit, or exploit in any way our materials, except that you may make use of the content we make available through or in connection with the Services for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.

Third Party Content

The Services may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

Indemnification

You agree to indemnify and hold harmless COPE, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of any claim relating to (a) your access to or use of the Services; (b) your violation of any applicable law or third party right, including, without limitation, any intellectual property right, publicity; confidentiality, property or privacy right in connection therewith; or (c)your breach of these Terms. You will cooperate as fully as required by us in the defense or settlement of any such claim. This clause shall survive expiration or termination of these Terms.

Binding Arbitration & Class Action Waiver

By agreeing to these Terms, you and COPE mutually agree to waive their respective rights to trial by jury. You agree that all disputes, claims, or causes of action arising from or related to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as set further below.

In case of any Disputes between us that cannot be resolved through informal discussions, you and COPE agree to submit such disputes to a neutral arbitration organization appointed by the AAA and in accordance with the Federal Arbitration Act (“FAA”). The arbitrator’s decision and award are final. You and we also both agree not to disclose the contents of the arbitrator’s decisions related to the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).

The arbitration will cover all Disputes regarding these Terms, including tort claims, direct claims, or indirect claims. You and COPE agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator can issue rulings on any substantive or procedural issues arising in the Dispute, including the scope of the Dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason.

Class Action Waiver

You acknowledge and agree that you and COPE are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, representative, or consolidated action or proceeding. Unless both you and COPE agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the entirety of the arbitration agreement set forth in this “Binding Arbitration & Class Action Waiver” section shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, you and COPE each retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.

Opt-Out Procedures

You can choose to reject this arbitration agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at legal@copefoundation.com or by mail at COPE Foundation, PO Box 1251, Melville, NY 11747, using the subject line “Arbitration Opt-Out”. Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt-out of the arbitration agreement, all other parts of the Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may enter with COPE.

Rules, Procedures & Governing Law

You must contact us within one year of the date of the event or facts giving rise to a Dispute or you will have waived the right to pursue a claim based on such event or facts.

In the event of a Dispute, you or COPE must send to the other party a notice of dispute, setting forth in a written statement the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of dispute by email at legal@copefoundation.com or by mail at COPE Foundation, PO Box 1251, Melville, NY 11747. We will send any notice of the dispute to you at the contact information we have for you. You and COPE each agree to give the parties 60 days from the date the notice of dispute is received to try to resolve the Dispute before requesting arbitration.

The arbitration will be administered by AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (the “AAA Rules”), except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at (800) 778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. Notwithstanding any choice of law or other provision in the Terms, you and COPE agree and acknowledge that this arbitration agreement evidences a transaction involving interstate commerce and that the FAA will govern its interpretation and enforcement of proceedings pursuant thereto. It is the intent of the parties that the AAA Rules and FAA shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and FAA are found to not apply to any issue that arises under this arbitration agreement or the enforcement thereof, then that issue shall be resolved under the laws of New York, without regard to its choice or conflict of law provisions.

If you and we have to participate in arbitration of disputes between us, such arbitration shall take place in New York, New York or at another mutually agreed location. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought in the state or federal courts located in New York, New York. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or (800) 778-7879.

Your right to a hearing will be determined by the AAA Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.

Changes to Arbitration Agreement

Notwithstanding the provisions of this “Binding Arbitration and Class Action Wavier” section, if COPE changes any of the terms of this “Binding Arbitration and Class Action Wavier” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at legal@copefoundation.com or by mail at COPE Foundation, PO Box 1251, Melville, NY 11747. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this arbitration agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and COPE in accordance with the provisions of this arbitration agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Disclaimer of Warranty and Limitation of Liability

We may make improvements and/or changes to the Services at any time in our sole discretion. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site, or information accessible therein. We make no representation that the Services and their content are free of viruses or other disabling devices or harmful components.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THESE TERMS AND ANY AND ALL USE OF THE SERVICES WILL NOT EXCEED $100.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (Disclaimer of Warranty) and Limitation of Liability shall survive the termination or expiration of these Terms.

Copyright Infringement

If you are a copyright owner or an agent of a copyright owner, and you believe that any content we make available through the Services infringes such copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
contact information of the complainant, such as an address, telephone number, and, if available, an e-mail address;
a statement that the complainant has a good faith belief that use of the material is not authorized; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and e-mail to the following address:

COPE Foundation
PO Box 1251
Melville, NY 11747
(516) 832-COPE (2673)
legal@copefoundation.com

Termination/Access Restriction

We reserve the right to prevent you from using the Services (including visiting our Site) in our sole discretion and without notice.

New York Law and Enforceability

These Terms are governed by the laws of the State of New York. You and your Company agree that the courts of the State of New York have exclusive jurisdiction over any matters, disputes, and claims relating to the content, use of, or any other matter relating to the Services, and waive any objection to the resolution of any such matters, disputes, and claims by such courts or the service of process by such courts in connection therewith.

If you are in a location that does not permit any of the terms in these Terms, you agree you will not use the Services.

Using the Services does not mean that any joint venture, employment, or partnership relationship exists between or among us.

If any part of these Terms is invalid or unenforceable, the rest of these Terms will continue to be valid and enforceable.

These Terms and the Privacy Policy is the entire agreement between you and us. The most recent version of these Terms is the version that applies to your use of the Services. Please review the Last Updated date at the bottom of these Terms.

Contact Us

If you have any questions or comments, please contact us. We welcome your questions regarding these Terms: