TERMS OF USE
Effective Date: March 21, 2024
OVERVIEW
These are the Terms of Use (“Terms”) for Stop and Cope, LLC d/b/a Coping Bracelets. These Terms apply when you visit our websites at copingbracelets.com or any associated pages (our “websites”), interact with us in any way, become our vendor or content creator, shop in store or online, attend events, or use any and all of our products and services (collectively, our “services”). These Terms, our SMS Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Stop and Cope LLC, superseding any prior agreements between you and Stop and Cope LLC with respect to our services.
Please read these Terms carefully before accessing or using our websites and services. By using our websites or any of our services, you agree with the terms of the Privacy Policy and our Terms of Use. If you do not agree with our Terms, policies and practices, please discontinue use of our websites and services immediately. We reserve the right to refuse service to anyone for any reason at any time.
AGE RESTRICTIONS
By accepting these Terms through your use of our websites or services, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the websites and services under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the websites. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the websites, including all financial charges and legal liability that such child may incur.
REPRESENTATIONS AND WARRANTIES TO Stop and COpe
By using our services, you represent, warrant, and agree:
- You meet all age and eligibility requirements expressed in these Terms;
- You will only purchase products from us solely for your own personal, non-commercial use. You may not purchase any products or use any of our services to further distribution or resale or for any other commercial or business purposes;
- You will only use our services for lawful purposes, and will not use our services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You own or control all rights in and to any information or property shared with us;
- You will not transmit any worms, viruses, or any code of a destructive nature on any of our services;
COMMUNICATIONS
As part of your use of our websites and services, you consent to receive electronic notifications from Stop and Cope. You may opt-out of receiving certain notifications in association with our services by completing the opt-out process provided in each message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain services, announcements or notifications even if you have opted-out from other messages.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the websites and services are not accurate, complete or current. All materials on the websites and services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the website and services is at your own risk.
The websites and services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the websites at any time, but we have no obligation to update any information on the websites and services. You agree that it is your responsibility to monitor changes to the websites and services.
Occasionally there may be information on our websites or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
PRODUCTS AND SERVICES
ONLINE PRODUCTS
Our products are available exclusively online through the websites. These products or may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the websites. We cannot guarantee that your computer monitor’s display of any color will be accurate. The products on the websites are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by Stop and Cope, there are inaccuracies in the presentation on the websites, Stop and Cope shall in no event incur any liability therefor. Stop and Cope does not warrant that item descriptions or other content of the websites is accurate, complete, reliable, current, or error-free. If a product offered on the websites is not as described, your sole remedy is to return it in unused condition for a refund.
LIMIT OF SALES
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the websites is void where prohibited.
QUALITY OF PRODUCTS AND SERVICES
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
MODIFICATIONS
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the services (or any part thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the services (or any part thereof).
USER ACCOUNTS
Some of the products and services available through or in connection with our websites require you to register for an account. There is a limit of one (1) account per individual.
To establish an account, you must complete the free registration process on the websites. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
BILLING, PAYMENT, AND ACCOUNT INFORMATION
PLACING ORDERS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
ACCURATE INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECURITY
You understand that your content (not including credit card information), may be transferred without encryption and involves (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
OPTIONAL TOOLS
We may provide you with access to third party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the websites are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
THIRD PARTY LINKS AND SOURCES
THIRD PARTY CONTENT
Certain content, products and services available via our service may include materials from third parties. Third party links on the websites may direct you to third party websites that are not affiliated with Stop and Cope. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. Any activities you engage in connection with third party services are subject to that third party services’ privacy policy and terms of use which you should read before engaging in such activities.
TERMS APPLICABLE FOR APPLE IOS AND OTHER PLATFORMS AND DEVICES
If you are accessing or using the service through Apple, Android, or other third party platforms or services, those third party services’ own terms and policies apply to such access and usage.
DEALINGS WITH THIRD PARTIES
Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the service (including on or via third party services or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). As permitted by applicable law, Stop and Cope disclaims all liability in connection therewith.
INTELLECTUAL PROPERTY
SERVICE CONTENT, SOFTWARE AND TRADEMARKS
You acknowledge and agree that our websites and services may contain content or features (“service content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Stop and Cope, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our services or any service content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our services. You may not access our services through robots, scraping tools or similar data-gathering or extraction methods.
THIRD PARTY MATERIAL
Under no circumstances will Stop and Cope be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Stop and Cope does not have a duty to pre-screen content, but that Stop and Cope and its designees will have the right in their sole discretion to refuse or remove any content that is available via our services. This includes the right to remove any content that violates these Terms or is deemed by Stop and Cope to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
FEEDBACK TRANSMITTED THROUGH OUR SERVICES
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our services (“feedback”), provided by you to Stop and Cope is non-confidential, and Stop and Cope will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Stop and Cope may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Stop and Cope, its users and the public. You understand that the technical processing and transmission of our services, including your content, may involve (v) transmissions over various networks; and (vi) changes to conform and adapt to technical requirements of connecting networks or devices.
COPYRIGHT POLICY
Stop and Cope respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. Stop and Cope will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, Stop and Cope may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Stop and Cope may terminate access for users of the Stop and Cope services who are infringers. Stop and Cope reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
In accordance with the DMCA and other applicable law, Stop and Cope has adopted a policy of terminating, in appropriate circumstances and at Stop and Cope’s sole discretion, users who are deemed to be repeat infringers.
NOTIFYING Stop and Cope OF COPYRIGHT INFRINGEMENT
Stop and Cope will process and investigate notices of alleged infringement and will take appropriate actions consistent with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
To provide Stop and Cope with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Department” at Info@copingbracelets.com that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
- A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
- A detailed description of where the material that you claim is infringing is located or found on the websites or services;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner’s behalf.
PROVIDING Stop and COpe WITH COUNTER-NOTIFICATION
If Stop and Cope removes or disables access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide Stop and Cope with a counter notification by written communication to the attention of “DMCA Counter Notification Department” at info@copingbracelets.com that sets forth the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
If a counter-notice is received by the Copyright Agent, Stop and Cope will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
INDEMNIFICATION
INDEMNITY AND RELEASE
You agree to release, indemnify, and hold harmless Stop and Cope, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of websites and services, your violation of these Terms, or your violation of any rights of another.
GENERAL
MODIFICATION
We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or our services after the date of any such changes become effective constitutes your acceptance of these Terms.
GOVERNING LAW
Terms will be governed by the laws of Florida without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Stop and Cope agree to submit to the personal and exclusive jurisdiction of the local courts located in Broward County and the federal courts located in the United States District Court for the District of Florida. Stop and Cope may assign or transfer these Terms, in whole or in part, without restriction.
NO WAIVER
The failure of Stop and Cope to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
SEVERABILITY
In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
CLAIM LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of our products or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
