This is an agreement between COPE Foundation (“COPE”) and our users and governs your use of COPE website (the “Site”), other COPE websites that we operate, and through the support programs and other services we provide (collectively, the “Services”).[1] Throughout these Terms and Conditions of Use (“Terms”), “COPE,” “we,” “our,” or “us” refers to COPE. “You” or “your” refers to anybody using our Services.

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 are binding for all users of our Services. Please read these Terms carefully and note that we may change the Terms from time to time.

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

If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

Your Agreement to These Terms

By using our 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 Site and Services (your “Company”), have read 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 Site and Services.

Our Site and Services are for adults and not intended for people under 13. 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.

Changes

We may change these Terms from time to time. 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 the Services. You should return to this page from time to time to review the rules applicable to using our Services.

Compliance with Applicable Laws

As a condition of your access to and use of our 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. Our 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, [1] 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 Site and Services is subject to our Privacy Policy.

Electronic Communications

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.

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

Your Data

We will take commercially reasonable steps to ensure 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.

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.

Links to Third Party Websites or Services

Sometimes we may post links to other websites or services. We cannot control the content on other websites or services, and we are not responsible for the content on those websites or services. By linking to such websites or services, we do not agree with or endorse the content or owners of those websites or services. Please be aware that the content of those websites or services may also change from time to time. Even if we linked to something, we are not responsible for what is at the other end of the link.

Communications 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 our Services.

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

No Unlawful or Prohibited Use/Intellectual Property

We grant you a non-exclusive, non-transferable, revocable license to access our Services, as long as you agree with our Terms.

You agree not to use our 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 our 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 our Site and 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.

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

All of the content on our Site and Services 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 Site and 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 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 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.

International Users

If it is against the law to use our Services where you are, or if it is unlawful to transfer your data to the United States, do not use our Services. We make no representation that our Services are appropriate or available for use in locations other than the United States. If you choose to access the Services from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

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 your use of our Site and Services or breach of these Terms. You will cooperate as fully as required by us in the defense or settlement of any claim.

Binding Arbitration & Class Action Waiver

By agreeing to these Terms, 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.

By agreeing to these Terms, 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 is 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.org[1] or by mail at COPE Foundation, PO Box 1251, Melville, NY 11747[2]. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you could be construed as unconscionable by courts, so we’ve proposed making the requirement mutual. first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. 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.org 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.org[1] or by mail at COPE Foundation, PO Box 1251, Melville, NY 11747[2].  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).

Liability Disclaimer

We may make improvements and/or changes to the Site and Services at any time. 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. To the maximum extent permitted by applicable law, the Services and information accessible therein are provided “as is” without warranty of any kind. We disclaim all warranties with regard to the Site and Services and information accessible therein, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall COPE, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Services, the delay or inability to use the Services, or for any information, software, products, services, or related graphics obtained through the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Because some states and/or jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitation may not apply to you.

Representations

You represent and warrant that no materials you submit to us or our Services will violate, plagiarize, or infringe upon the rights of third parties or contain libelous or unlawful material. 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.

Copyright Infringement

If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the Site and Services, mobile apps, or other website or online 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.org

 

Termination/Access Restriction

We reserve the right to prevent you from visiting our Site and Services and using our services, without notice.

 

New York Law and Enforceability

These Terms and our Services 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 our Services.

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

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

If any part of this Agreement is invalid or unenforceable, the rest of the agreement will continue to be valid and enforceable.

This agreement and the Privacy Policy is the entire agreement between you and us. The most recent version of the Terms is the valid version. 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:

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

Last Updated: 11-4-2021