Last modified: Jun 6, 2022
DO NOT USE THIS PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (OR YOUR EMERGENCY SERVICE NUMBER).
IF YOU ARE THINKING ABOUT SUICIDE, CONSIDERING HARMING YOURSELF OR OTHERS, FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE.
THE INTENTION OF THE PLATFORM IS NOT TO BE USED IN ANY OF THE CASES ABOVE. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF THE INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
Welcome to CopingCard. At CopingCard, we help you help yourself. CopingCard is owned and operated by CopingCard, Inc. (“Company” or “we”).
These Terms & Conditions apply to all visitors, users, and others who access or use CopingCard. The term “you” used throughout refers to the individual user of CopingCard.
Please read the Terms & Conditions carefully before you access CopingCard. By using the Site, you represent and warrant that (i) you are at least 16 years of age, (ii) you have legal authority to enter into a legally binding obligation for yourself or for the person on whose behalf you are acting, and (iii) you will only use CopingCard for legitimate reasons.
The Company may update these Terms & Conditions at any time upon prior written notice (typically by email). Your continued use of CopingCard after our written notice signals your acceptance to continue to be bound by these Terms & Conditions. If you find these updated Terms & Conditions to be unacceptable, you may not use CopingCard.
Depending on our role in your healthcare strategy, CopingCard may be required to protect your health and medical information under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state and local laws.
Under HIPAA, we are obligated to maintain the confidentiality of and limit the use of your Protected Health Information or PHI (as defined in HIPAA).
If CopingCard serves as a provider of healthcare, then we may be deemed a “covered entity” under HIPAA. As a covered entity, we rely on professional ethics and best judgment in deciding when/if your PHI may be disclosed and to whom, but only in situations that concern the treatment, payment, and health care activities or when required to do so pursuant to law.
If we are acting on instruction from your therapist/mental health specialist, then we may be deemed a “business associate” under HIPAA. If you are a business associate, you acknowledge that we are acting solely upon instructions from your medical provider. You acknowledge that as a business associate, we are free to collect and share your PHI pursuant to a Business Associate Agreement between us and your medical care provider.
For more information on our HIPAA obligations, please contact us at firstname.lastname@example.org.
Any reference to CopingCard includes the website https://copingcard.com, the mobile and tablet application and the services offered through the application.
Among the services available through CopingCard are tools to support your Cognitive Behavioral Therapy (CBT). Our Dysfunctional Thoughts Test uses the ABC Model (Activating Events, Beliefs, Consequences) to assist you in making sense of your situation and environment. We also offer digital cards to promote positive thinking. These cards may be customized by you for personalizing your needs. We also offer data analytics concerning your usage of CopingCard so you can monitor your usage statistics and progress.
CopingCard may be used in conjunction with a treatment plan developed by your counselor.
To access most features of CopingCard, you must create an account. When you create an account, you will be asked to create a username. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; or (ii) use a name that we, in our sole discretion, deem offensive.
You may request to deactivate your account at any time by contacting at email@example.com
We have the right to disable any user-name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
We reserve the right to withdraw or amend CopingCard in our sole discretion without notice. We will not be liable if for any reason all or any parts of CopingCard is unavailable at any time or for any period. From time to time, we may restrict access to some parts of CopingCard, to users, including registered users.
You may only use CopingCard for your personal, informational, and non-commercial use only. You acknowledge that any access you may have on CopingCard is provided to you without any transfer of any rights. You may not share your account or provide access to your account to any person.
CopingCard is not intended to substitute for professional advice, diagnosis, and treatment. We highly encourage you to seek a medical and/or professional expert. We accept no responsibility for the use and/or reliance upon CopingCard for your health needs. You acknowledge that we disclaim all responsibility for any injury, harm, damage, or otherwise of any kind you suffered as a result of your use or reliance upon CopingCard.
You agree not to use CopingCard for any purpose other than as permitted in Section 4.2.
Non-Acceptable and Prohibited Uses. You must abstain from the following actions or risk temporary or permanent suspension:
If you have conducted any fraudulent, illegitimate, or any unauthorized activity, the Company reserves the right to take any necessary legal action, and you may be liable for monetary losses to the Company, including litigation costs and damages.
The Company will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity.
You acknowledge that CopingCard and any underlying technology used in connection with CopingCard, and all contents, features, services, and functionality software, material, information, communications, text, graphics, icons, scripts, links, electronic art, animations, audio, video, photos, and other data and the selection, and arrangement thereof (collectively, the “Content”) are provided by the Company or third-party providers and are the intellectual property of the Company and/or such third parties. Content is owned or licensed by the Company and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws.
The Company grants you a limited license that is non-exclusive and not transferable, to access, and use the Company’s Content for your personal and private use only while using CopingCard.
You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of CopingCard or the Company’s or third party’s Content, in whole or in part. You may not store any portion of any Content owned by, or licensed to the Company in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” CopingCard or any Content on any other server.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of CopingCard and/or Content, your right to use CopingCard will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to CopingCard or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of any Content not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
The Company name, the term CopingCard, the Company logo, and all related names, logos, domain names, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on CopingCard are the trademarks of their respective owners.
The information presented on or through CopingCard is made available solely for general information purposes.
You acknowledge and agree that CopingCard and the Company are not responsible for any damages or liability that may result from using CopingCard.
You understand that we cannot and do not guarantee or warrant CopingCard will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
COPINGCARD IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT GUARANTEE ANY RESULTS THROUGH THE USE OF COPINGCARD. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF COPINGCARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS COPINGCARD OR USE COPINGCARD, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO COPINGCARD’S RECORDS, PROGRAMS, OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF COPINGCARD, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING COPINGCARD.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF COPINGCARD, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH COPINGCARD IS AT YOUR OWN RISK. COPINGCARD, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH COPINGCARD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT COPINGCARD, INCLUDING ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH COPINGCARD, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT COPINGCARD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT COPINGCARD MEETS YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, COPINGCARD, INCLUDING ANY CONTENT ON COPINGCARD, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES COPINGCARD’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. applicable to agreements executed and fully performed therein. It is agreed that any action or proceeding which involves a controversy will be brought only in a state court or the federal Southern District of New York.
If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect.
No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
Unless otherwise stated, all feedback, comments, requests for technical support, and other communications relating to CopingCard should be directed to firstname.lastname@example.org