TERMS OF SERVICE
OVERVIEW
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site or services of Cope Notes LLC (hereto referred as Cope Notes), you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services. In the event of noncompliance with this agreement, Cope Notes is released from any liability whatsoever. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
This website is operated by Cope Notes. Throughout the site, the terms “we”, “us” and “our” refer to Cope Notes. Cope Notes offers this website, including all information, tools, and services available as free or paid products or services to the user, conditioned upon the user's acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site, purchasing something, and/or utilizing our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies, such as the Privacy Policy and Legal Disclaimer, incorporated herein by reference and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation; users, browsers, vendors, customers, merchants, and/or contributors of content.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website without notice. Since we do not require individual email addresses for past, present, or future users, it is your responsibility to check this page periodically for changes. Active users of our services may be notified of changes to terms of service via text message of the enrolled mobile phone number, and/or via email, if an address is on file. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service.
SERVICE TERMS
By agreeing to these Terms of Service, you affirm that you are at least the age of majority in your state or province of residence, or that you are the parent or legal guardian for the minor/dependent for whom the subscription is activated, and you have given us your consent to allow any of your dependents to use this site and our services.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not send, connect, or replicate malicious code such as viruses, worms, malware, data capture/forwarding script, intrusion programs, or other code of a destructive nature to Cope Notes, our users, or our partners. You shall not make unauthorized, fraudulent, or inaccurate submissions or changes to account settings, contact information, payment information, subscription options, or any other data governed by Cope Notes, enterprise managers, or individual users.
By entering contact information, including phone numbers and email addresses, into any form on our website, you agree that the information belongs to you or someone you have a professional or personal relationship with, that the information is accurate, and that you are authorized, in verbal or written form, or through the nature of your relationship (such as in the case of legal guardianship or professional care) to submit said information on their behalf.
Through any submission, you confirm that the individual to whom the information belongs consents to receive any communications from Cope Notes that may arise as a result of your submission, and/or that you take full responsibility of consenting on their behalf. You shall not enter any information belonging to someone who has denied consent to share their information with or receive communications from Cope Notes. You shall not collect information from or about Cope Notes subscribers or administrators, or make any attempt to identify subscribers or administrators who have anonymously opted into our services.
Cope Notes is not held liable for the collection of consent beyond the verbiage included in each form which confirms that, upon submission, the submitting party agrees to Cope Notes’ legal, terms, and privacy policies. If contact information should change or become inaccurate, users are responsible for updating this information via update.copenotes.com. Cope Notes is not required to verify the accuracy of any user-provided information beyond basic automated validation, website form submissions, and updates made via update.copenotes.com. Additionally, Cope Notes is not held liable for contacting non-consenting users via contact information provided through inaccurate submissions, typos, form malfunctions, unauthorized or malicious submissions, or any other errors, or any issues, financial or legal implications, or other events that may arise as a result of this contact.
A breach or violation of any of the Terms will result in an immediate termination of your services, notification of activity to your employer, enterprise manager, and other pertinent authorities, and prosecution of criminal activity as permitted by law.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, as permitted by law.
You agree not to share, capture, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, content sent to you or any user from the Service, access to the Service, or any contact on the website through which the Service is provided, by any means without express written permission by us, or as is made public by the company, such as through a social media post.
You agree that all contact information you provide in our forms and via email, phone, text, or otherwise is accurate and personal to you, your child or legal dependent, or a party that has granted you permission to share their details. Your submission of personal information is governed by our Privacy Policy.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, available, or current. The material on this site is 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 this site is at your own risk.
This site may contain certain historical information. This historical information may or may not be cited, stored, recorded, or available. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice. Any price changes will be reflected at the end of the established user/enterprise billing cycle, prepaid subscription, or contract. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. In the event the company or its services are discontinued, any pre-paid fees are non-refundable.
OPTIONAL TOOLS
We may provide you with access to third-party tools (including but not limited to; features, services, offers, or other resources) which we do not monitor or have any control or influence over. These tools may be integrated with the Service, offered to users, or available to the public.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or representations of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional or paid third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. 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 website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content and services available via our Service may include materials from third-parties.
Third-party links may direct you to third-party websites that are not affiliated with us. 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.
We are not liable for any harm or damages related to the purchase of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party services or products should be directed to the third-party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, phone, text, postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address or phone number, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to our Service, that may occur via user error, administrative error, computer error, server error, or other means that may result in data corruption, inaccuracy, or loss. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
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.
If such errors occur by the user or agent of Cope Notes, and results in a failure or delay of product or service delivery paid by the user, you agree to hold Cope Notes free of any liability to refund, extend service, or otherwise compensate for the consequence of the error.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content, or Cope Notes systems or services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website and engage or cooperate with law enforcement with your information for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT ASSUME RESPONSIBILITY FOR INTERRUPTIONS OF THE SERVICE DUE TO CARRIER ERRORS, SMS PROVIDER ERRORS, USER ERRORS, INACCURATE CONTACT INFORMATION, OR ANY OTHER THIRD-PARTY ISSUES.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, USEFUL, OR AVAILABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDETERMINATE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO CASE SHALL COPE NOTES, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF SERVICES, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO; SYSTEM DOWNTIME OR SERVICE AVAILABILITY, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ACCOUNT/USER DATA, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE, DATA STORED, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cope Notes and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may, at any time, end your agreement to these Terms of Service at any time by notifying us in writing or email that you no longer wish to use our services, or when you cease using our site. This notification is subject to a 30-day processing timeframe for Cope Notes to take appropriate action.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Florida and United States law.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
FORCE MAJEURE
Neither party will be held liable to the other for failure to perform their obligations herein if and to the extent that such failure to perform results from causes beyond their control.