DISCLAIMER
Stop and Cope disclaims all warranties with regard to the information provided on these websites (copingbracelets.com) (stopandcope.com), or other sites “hot linked” to this site including all express or implied warranties of merchantability. In no event will Stop and Cope be liable for any direct, incidental, special, indirect, consequential damages, or punitive damages whatsoever resulting from loss of use, data, business interruption, sales, or profits, whether in a contract, negligence, or other tortious action, arising out of access to, use of, or in connection with the use, inability to use, accuracy, suitability, or performance of this information.
DISCLAIMER OF WARRANTIES RELATED TO OUR SERVICES
YOUR USE OF OUR WEBSITES, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STOP AND COPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
STOP AND COPE MAKES NO WARRANTY THAT (I) OUR WEBSITES, PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR PROCUTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STOP AND COPE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STOP AND COPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES, OR PRODUCTS, OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL STOP AND COPE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID STOP AND COPE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITES AND SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR WEBSITES AND SERVICES.
DISPUTE RESOLUTION
GOVERNING LAW; JURISDICTION; DISPUTES. YOU AGREE THAT ALL DISPUTES, ACTIONS, AND CLAIMS RELATING TO OUR COLLECTION, USE, OR SHARING OF YOUR PERSONAL INFORMATION AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND OUR SERVICE, INCLUDING WITHOUT LIMITATION THE SITE’S PRIVACY NOTICE (EXCEPT FOR LEGAL ACTION TAKEN TO SEEK AN INJUNCTION OR OTHER EQUITABLE RELIEF RELATED THERETO OR CLAIMS RELATED TO THE VALIDITY OR ENFORCEABILITY OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS) (COLLECTIVELY “DISPUTE”) WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA), FEDERAL ARBITRATION LAW, AND LAWS OF THE STATE OF INDIANA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FAA. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.
IN THE EVENT OF A DISPUTE, YOU OR STOP AND COPE MUST GIVE THE OTHER A NOTICE OF DISPUTE, WHICH IS A WRITTEN STATEMENT THAT SETS FORTH THE NAME, ADDRESS AND CONTACT INFORMATION OF THE PARTY GIVING IT, THE FACTS GIVING RISE TO THE DISPUTE, AND THE RELIEF REQUESTED. YOU MUST SEND ANY NOTICE OF DISPUTE BY U.S. MAIL TO STOP AND COPE, 1729 NW SAINT LUCIE WEST BLVD 1217, PORT SAINT LUCIE, FL 34953, ATTN: PRIVACY COMPLIANCE OFFICE, SUBJECT: DISPUTE NOTICE). YOU AND STOP AND COPE WILL ATTEMPT TO RESOLVE ANY DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN 60 DAYS FROM THE DATE THE NOTICE OF DISPUTE IS SENT. AFTER 60 DAYS, YOU OR STOP AND COPE MAY COMMENCE ARBITRATION. YOU ARE NOT REQUIRED TO WAIT 60 DAYS TO FILE A SMALL CLAIMS ACTION.
THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES (“ARBITRATION FEES”) WILL BE GOVERNED BY THE AAA’S RULES. YOU AGREE TO COMMENCE ARBITRATION ONLY IN YOUR COUNTY OF RESIDENCE OR BROWARD COUNTY FLORIDA. WE WILL REIMBURSE TO YOU ARBITRATION FEES YOU PAID FOR CLAIMS TOTALING LESS THAN $5,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. STOP AND COPE WILL NOT SEEK ATTORNEYS’ FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSION, OR IN PERSON BY FOLLOWING THE AAA RULES. IN A DISPUTE INVOLVING $5,000 OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD.
YOU AGREE THAT THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE TO WHICH THIS SECTION APPLIES MUST BE FILED WITHIN ONE YEAR IN SMALL CLAIMS COURT OR IN ARBITRATION WITH THE AAA. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE COULD FIRST BE FILED. IF SUCH A DISPUTE IS NOT FILED WITHIN ONE YEAR, IT’S PERMANENTLY BARRED.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
United States Only. All materials on the websites are provided solely for the purpose of promoting Stop and Cope’s operations, services and products in the United States, its territories, possessions and protectorates. Stop and Cope makes no representation that the materials on the websites are appropriate or available for use in other locations. If, despite these conditions, you use the websites from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.