COPEKIT Terms of Use
Effective Date: June 23, 2024
About these Terms
These Terms of Use describe the terms on which we, COPEKIT, LLC provide the www.COPEKIT.COM website and any other internet websites and applications owned or controlled by COPEKIT, LLC that link to these Terms of Use (collectively, the “Website”). By accessing the Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or to the Privacy Policy, then please do not use the Website.
We may update these Terms of Use and our Privacy Policy from time to time. Accordingly, you should check the date of the Terms of Use and our Privacy Policy and review any changes since the last version. If you are a registered user of the Website, we will use reasonable efforts to notify you of any material updates to these Terms of Use. You agree that your continued use of the Website after any updates to the Terms of Use constitute your acceptance of the updated Terms of Use.
In these Terms of Use, "we", "us" and "our" refer to COPEKIT, LLC and “you” and “your” refers to you, the user or viewer of the Website. If you are using the site on behalf of an entity, then “you” also refers to the entity you are associated with.
From time to time, we may adopt supplemental terms and policies to address specific situations. Those supplemental terms and policies are in addition to these Terms of Use but, if they conflict with these Terms of Use, then the conflicting terms of the supplemental terms and policies will govern regarding their subject matter.
Our COPEKIT App is governed by its own Terms of Use which you may find below, following this Terms of Use.
No Medical Advice
The Website provides products that are intended to assist in relieving stress and provides information regarding coping with stress and trauma. HOWEVER, NOTHING ON THE WEBSITE SHOULD BE CONSTRUED AS PROVIDING MEDICAL DEVICES, MEDICAL TREATMENT OR ADVICE, OR PSYCHOLOGICAL THERAPY SERVICES. WE ARE NOT A HEALTH CARE PROVIDER. YOU SHOULD CONSULT YOUR HEALTH CARE PROVIDER FOR YOUR MEDICAL NEEDS. IF YOU ARE, EXPERIENCING SUBSTANTIAL MENTAL OR EMOTIONAL DISTRESS OR HAVE WORSENING OF THOSE SYMPTOMS, CONTACT YOUR HEALTHCARE PROVIDER, OR IN AN EMERGENCY IN THE UNITED STATES, CALL 911 RIGHT AWAY.
Accuracy of Information on the Website
We make every reasonable effort to have an accurate Website that is free from errors and to show products accurately. However, it is possible for errors to occur, and colors and details of products may vary. We do not make any guarantees, warranties, or representations concerning the accuracy, reliability, fitness for any particular purpose, or completeness of the Website or any information found on the Website. Information and products on the Website are subject to change at any time without notice. THE WEBSITE AND THE CONTENT ON IT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS, AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
Children
You may not use the Website if you are less than 13 years old. You may view the Website if you are 13 years or older. In order to make a purchase on our Website, you need to (a) be 18 or older, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. Children under 18 years of age may not register for the Website, nor may parents or legal guardians register on their behalf.
Orders and Pricing
You agree to provide accurate credit card and other acceptable electronic payment information. You agree to promptly update account and payment information as needed to complete your transaction, if any of your information changes. All prices are in U.S. dollars and are exclusive of applicable taxes, including sales tax, and shipping fees. Prices are subject to change in any time.
If your order is subject to recurring charges, you agree to our charging your payment method on a recurring basis without need for your prior approval for each recurring charge, until you cancel such recurring order.
The information on the Website does not constitute a binding offer to sell products or to sell products to you. We reserve the right to accept or decline all or any part of your orders, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are intended to be valid and effective only in the United States. If a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
We may, in our discretion, limit quantities purchased per person or household.
All accepted orders are noncancellable and all payments are nonrefundable. Ordered product may not be returned except if the product as delivered was materially damaged or if the wrong product was delivered. Please contact us at copestrong@copekit.com if you believe that this is the case before returning any product.
Dangers with Products
Products that we sell through the Website may be harmful if misused. You should always read and understand the safety information and warnings which comes with the products.
Intellectual Property
We, and our suppliers and licensors, own the Website and all graphics, text, design, software, and other material and information found on the Website (collectively, “Content”), all of which is protected by copyright, trademark and other applicable laws. You may access and download Content for your individual, personal use only, provided that you leave intact any copyright or trademark notices. You may not modify, re-distribute, transmit, perform, broadcast, publish, reverse engineer, transfer or otherwise use Content for any other purpose.
COPEKIT® and COPECARD® are registered trademarks of COPEKIT, LLC and may not be used without our permission.
You may not use frames or framing techniques or technology to enclose Content without our express written consent. Further, you may not utilize our trademarks or any Content in any meta tags or any other "hidden text" techniques or technologies without our express written consent.
You agree not to access the Website using automated, non-human means, such as by using scripts or bots.
Your Account
You have the option to create an account and provide information about yourself, such as your name, address, and email address. By registering, you agree to keep this information accurate and current.
You must keep your account login information secret. In particular, you should not re-use any password that you use on any other website or services. You are responsible for all activities performed from your account. If you have any reason to believe that your account password has been used without your authorization, please notify us.
Links
Our Website may contain links to other websites that are operated by third parties. These links are provided for convenience, and we do not make any warranty or representation regarding the content to which they link or even that the link itself will be functional. When you follow a link, you will be subject to the terms of use and privacy policy applicable to the linked-to website, which will be different than those that apply to this Website. We are not responsible for any losses, damages or other liabilities incurred because of your use of any linked websites.
Applicable Law and Arbitration
These Terms of Use and our Privacy Policy and your use of the Website are all governed by North Carolina substantive law.
All claims or disputes that arise in connection with these Terms shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its applicable Arbitration Rules. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including (but not limited to) administration fees, filing fees and arbitrator fees. The site of the arbitration shall be Raleigh, North Carolina. You agree that, despite this arbitration clause, we may in our discretion file a claim for injunctive relief in a court of competent jurisdiction to protect our intellectual property rights and/or other of our rights under these Terms of Use.
Miscellaneous
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, then the remaining provisions of these Terms of Use will remain in place and enforceable, and the relevant provision will be deemed stricken from these Terms of Use. We shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, regardless of whether any such claim is based on a theory or theories of breach of contract, breach of warranty, tort (including negligence), product liability, or any other cause of action. Our total liability to you is limited to the amount you paid to us for the product at issue, even if we are advised in advance that you may incur harm beyond such amount. If we do not insist upon or enforce strict performance of any provision of these Terms of Use, then that failure shall not be construed as a waiver of any provision or right. No waiver in any one instance shall be deemed to be a waiver in any other instance. We may assign or subcontract our rights and duties under these Terms of Use or our Privacy Policy to any party at any time without notice to you. You may not assign these Terms of Use or any of your rights or duties under them. These Terms of Use, our Privacy Policy, and our supplemental terms and policies (as described above) collectively constitute the full and complete agreement between you and us related to the Website and your use of the Website.
COPEKIT App Terms of Use
Effective Date: June 23, 2024
About these Terms
These Terms of Use describe the terms on which we, COPEKIT, LLC, a North Carolina limited liability company, provide our COPEKIT apps for mobile devices (collectively, the “App”). These Terms of Use form a legally binding agreement between us and you and should be read in conjunction with the App’s Privacy Policy. If you do not agree to be bound by these Terms of Use, then you are not permitted to use the App.
We may update these Terms of Use from time to time. When we do so, we will update the Effective Date above.
In these Terms of Use, "we", "us" and "our" refer to COPEKIT, LLC and “you” and “your” refers to you, the user of the App.
Annual Subscription Fees and Subscriptions
The App is provided on a subscription basis at a price of $14.99 per year (the “Annual Subscription Fee”). We offer a free 7-day initial trial period. You may cancel your account within this 7 day trial period without charge. If you do not cancel your account (as described below) within this 7-day period, then we will automatically charge the Annual Subscription Fee to you as described in the “Payment Method” section below.
We may revise the Annual Subscription Fee from time to time in our discretion. We will notify you of any change either via email or through the App.
Renewals
Your subscription to the App will automatically renew for successive one-year renewal terms unless you cancel your account before the renewal. The then-current Annual Subscription Fee will be due upon renewal, and we will charge the Annual Subscription Fee to your payment card.
Cancellations
You may cancel your subscription at any time through the “Cancel Subscription” option shown in the app or by sending an email from the email address we have on file for you to support@copekit.com. Cancellations will be effective at the end of your current one-year subscription.
NOTE: Uninstalling the App from your mobile device will not cancel your subscription.
Payment Method
When you purchase a subscription, you must provide an accurate and up-to-date payment method. You authorize us to charge the initial Annual Subscription Fee, and the Annual Subscription Fee for any renewals to this payment method., along with any applicable taxes and fees.
If you have any concerns regarding any transactions made using your payment method, you must raise those concerns with us first, and not cancel or reverse charges through your payment method provider unless you have first made a reasonable attempt to resolve the issue directly with us.
We may verify your identity and reserve the right not to accept your payment for any reason.
Your payment card information is stored by Stripe, which we use for processing payments. Stripe’s use of this information is governed by the: Stripe Consumer Terms of Service
Email Communications
By providing us your email, you agree that we may send you information about upcoming subscription renewals, charges to your payment method, changes in these Terms of Use or Privacy Policy and information about the App.
No Use by Children
The App is only intended for use by adults. Children under 18 years of age may not register for the App, nor may parents or legal guardians register on their behalf. By registering your account, you warrant that you are at least 18 years old.
Your Account
We require you to register an account using your email address and to select a password in order to use the App. You must keep your account password secret. We recommend against re-using any password that you use on any other website or services. You are responsible for all actions performed from your account.
No Medical Advice
The App is intended to help you cope with stress and trauma. HOWEVER, THE APP SHOULD NOT BE CONSTRUED AS PROVIDING MEDICAL DEVICES, MEDICAL TREATMENT OR ADVICE, OR PSYCHOLOGICAL THERAPY SERVICES. WE ARE NOT A HEALTH CARE PROVIDER. YOU SHOULD CONSULT YOUR HEALTH CARE PROVIDER FOR YOUR MEDICAL NEEDS. IF YOU ARE EXPERIENCING SUBSTANTIAL MENTAL OR EMOTIONAL DISTRESS OR HAVE WORSENING OF THOSE SYMPTOMS, CONTACT YOUR HEALTHCARE PROVIDER. IF YOU ARE EXPERIENCING AN EMERGENCY AND YOU ARE IN THE UNITED STATES, CALL 911 IMMEDIATELY.
Warranties
The App provides tools to help you manage and cope with stress and trauma, but we do not guarantee that the App will be useful to you or that you will achieve any particular outcome. We do not make any guarantees, warranties, or representations concerning the accuracy, reliability, or completeness of the App. THE APP IS PROVIDED ON AN “AS IS, WHERE IS” BASIS, AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
Intellectual Property
We, and our suppliers and licensors, own the App and all graphics, text, design, software, and other material and information found on the App (collectively, “Content”), all of which is protected by copyright, trademark and other applicable laws.. You may not modify, re-distribute, transmit, perform, broadcast, publish, reverse engineer, transfer or otherwise use Content for any other purpose.
COPEKIT® and COPECARD® are registered trademarks of COPEKIT, LLC and may not be used without our permission.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES OR ANY OF OUR SERVICE PROVIDERS BE LIABILE FOR ANY INDIRECT, CONSEQUENTUAL, PUNITIVE, OR SPECIAL DAMAGES ARISING FROM THESE TERMS OF USE, THE APP OR YOUR USE OF THE APP. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE APP IN THE TWELVE-MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY.
Indemnification
You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and service providers harmless from and against any liability, damages, costs , expenses and reasonable attorney’s fees arising out of your use of the App or your violation of these Terms of Use.
Applicable Law and Arbitration
These Terms of Use are governed by North Carolina substantive law.
All claims or disputes that arise in connection with these Terms or your use of the App shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its applicable Arbitration Rules. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including (but not limited to) administration fees, filing fees and arbitrator fees. The site of the arbitration shall be Raleigh, North Carolina. You agree that, despite this arbitration clause, we may in our discretion file a claim for injunctive relief in a court of competent jurisdiction to protect our intellectual property rights and/or other of our rights under these Terms of Use.
Miscellaneous
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, then the remaining provisions of these Terms of Use will remain in place and enforceable, and the relevant provision will be deemed stricken from these Terms of Use. We shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, regardless of whether any such claim is based on a theory or theories of breach of contract, breach of warranty, tort (including negligence), product liability, or any other cause of action. Our total liability to you is limited to the amount you paid to us for the product at issue, even if we are advised in advance that you may incur harm beyond such amount. If we do not insist upon or enforce strict performance of any provision of these Terms of Use, then that failure shall not be construed as a waiver of any provision or right. No waiver in any one instance shall be deemed to be a waiver in any other instance. We may assign or subcontract our rights and duties under these Terms of Use to any party at any time without notice to you. You may not assign these Terms of Use or any of your rights or duties under them. These Terms of Use are the full and complete agreement between you and us related to the App and your use of the App.