Terms of Service

Introduction & Definitions

This is an agreement between You (collectively “You”, “User”, “Member”, “Your”) and My CP & Me, L.L.C. (collectively “Us”, “We”, “Our”, “My CP & Me”) which governs your use of the https://www.mycpandme.org website as well as any subdomains or pages or services affiliated with the websites. These terms also govern our merchandise site found at https://www.mycpandme.myshopify.com (collectively, the “Site”) The Site as well as services of the Site are offered to you contingent upon your acceptance of these Terms as well as acceptance of our Privacy Policy located at support.mycpandme.org/privacy. If you do not accept these terms located at support.mycpandme.org/terms you are not authorized to use the Site.

My CP & Me is a Blog Site

The purpose of the site is for people with Cerebral Palsy, as well as their loved ones to connect and collaborate with each other

Privacy Policy

Your use of https://www.mycpandme.org is subject to My CP & Me’s Privacy Policy. Please review our Privacy Policy at support.mycpandme.org/privacy which also governs the Site and informs Users of our data collection policies

Electronic Communications

Visiting https://www.mycpandme.org or sending emails to My CP & Me constitutes electronic communications. You consent to receiving electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you via email and electronically on the site satisfy any legal requirements that such communications be in writing

Communications relating to The My CP & Me Store May come from different email addresses or phone numbers communication emails will come from either support@mycpandme.org or store+76826509613@shopifyemail.com communications emails may include (but are not limited to) order processing updates, shipping updates, delivery updates, etc. as well as satisfaction emails and other marketing emails for orders recently placed. We will use email to communicate these things to you whenever possible but if no email was included with your order we will use text to communicate these things to you either by our support number at (317) 824-9524 or our marketing line at 1 (855) 964-0645 These are the methods we use to communicate with on anything relating to a new order or an order recently delivered. By placing your order you agree to receive necessary communications as needed to facilitate getting your order to you from the contact details stated above based on the communication preferences you provide at checkout. We won’t contact you using the information you provide in order except where it’s appropriate to deliver necessary order-related information to you as well as after-order feedback communications related to your experience when placing your order. Placing an order will not subscribe you to our standard email or text notifications.

Email & SMS Marketing

We use a service called Klaviyo for our email and SMS (henceforth, text message) marketing. We gather your data in a number of ways including (without limitation to) (a) visiting our store; (b) signing up to be a member on the mycpandme.org platform (c) having any form of order activity on our store such as (without limitation to) completing a purchase, adding items to your cart and abandoning the cart, starting the checkout process without finalizing a purchase (d) filling out the form for (or otherwise requesting to be added to) the Disability Digest Magazine list. With Klaviyo we also have a number of lists you can be assigned to these lists are (a) Store Purchasers – for customers who have actually finalized at least one purchase on The My CP & Me Store at any time. Finalizing your purchase constitutes consent to being added to this list (b) Disability Digest Magazine – for subscribers of Disability Digest to get their magazine subscriptions (c) Blog Members – for registered members specifically of our community platform at mycpandme.org so they can receive important updates about the platform or their membership. Unsubscribing from this list or requesting removal may result in termination of membership to mycpandme.org at our sole discretion (d) Store SMS (Text) List – for people who have consented to receive text message alerts from our store (e) Store Email List – for people that have consented to receive email alerts from our store. You will remain on any applicable list(s) until you either unsubscribe using a link at the bottom of an email we send you or otherwise contact us to be removed at which point we will delete your data in compliance with data deletion request. To get added to the Store Purchasers list all you have to do is finalize a purchase on The My CP & Me Store. This act will constitute acceptance to be added to this list. We may use this list for win-back and other kinds of emails. To get added to the Disability Digest list fill out the form on https://mycpandme.org/disability-digest/ or otherwise contact us and express interest in getting our magazine to your inbox. To get added to the Blog Members list simply create an account on mycpandme.org. This act will constitute acceptance to being added to this list. To get added to the store text message or email lists fill out the corresponding form at https://themycpandmestore.com/pages/subscribing-to-sms-and-or-email-lists-for-the-my-cp-me-store

You will remain on any applicable list until you unsubscribe or request we remove your data. Your data will be stored securely by Klaviyo for use as this policy previously indicates. We may at our sole discretion and without notice to you remove profiles from Klaviyo that are not associated with any of the before-mentioned lists.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for any third-party access to your account that results from theft or misappropriation of your account. My CP & Me and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

My CP & Me does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. (13) If you are under 18, you may only use the Site with permission from a parent or guardian.

Membership Account and Charitable Donations

To use some services provided by My CP & Me (such as, but not limited to, submitting user content, and sending instant messages) you are required to have an account. There is no fee to your account. Current membership levels can be found at https://mycpandme.org/membership-account/membership-levels

These fees, or lack their of are subject to change at our sole discretion. If fees change you will be contacted by My CP & Me support via email regarding the change. The email will be sent a minimum of 10 calendar days before any change is effective and your continued use of the Sites account-based features after the change is effective constitutes your acceptance of any such changes and any fees that may apply (if any)

My CP & Me does allocate a portion of profits we earn from our store to charitable donations. We donate to Cerebral Palsy based charity organizations regularly.

Alternatively, you can also donate to My CP & Me by visiting https://www.mycpandme.org/donate

All donations are 100% voluntary and help to allow us to keep providing the site to you.

Cancellation/Refund Policy

Your acceptance of these Terms and/or use of the site hereby constitutes acknowledgment and acceptance of our Cancellation & Refund Policy located at https://support.mycpandme.org/cancellation-refund/

Please contact us at support@mycpandme.org with any questions

This policy applies solely to the mycpandme.org website and does not necessarily apply to the store. See the next section down “Merchandise Store” for details on the cancellation and refund policies that apply there

Merchandise Store

My CP & Me offers you a merchandise store at https://mycpandme.myshopify.com (the “Store”) We update this store with new products for you to purchase regularly. The store is provided thanks to a few different services. Information on these services (henceforth, “Suppliers”) can be found at https://mycpandme.myshopify.com/pages/suppliers including their policies and terms for each individual supplier. We are not affiliated with or liable for the actions of a supplier. We offer a 30-day no-questions-asked return policy. More on our return and other store policies can be found at the bottom of the store website at https://mycpandme.myshopify.com All sales are also subject to the terms and policies of any applicable supplier. My CP & Me hereby disclaim any liability should an issue arise while you are using the store. We may attempt to contact the supplier as necessary to get orders and other issues resolved on your behalf and while we strive to fulfill all merchandising orders we cannot 100% guarantee fulfillment or any timetable of successful fulfillment due to issues with the third party supplier outside of our control.

The My CP & Me, L.L.C. mobile message service (the “Service”) is operated by My CP & Me, L.L.C. (“My CP & Me”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to My CP & Me’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of My CP & Me through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with My CP & Me. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (855) 964-0645 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other My CP & Me, L.L.C. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +1 (855) 964-0645 or email support@mycpandme.org or you can text/call our support team at +1 (317) 824-9524 within regular business hours of Everyday 10 a.m. – 4 p.m. EST Holiday hours may vary

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy

The My CP & Me Store also has a mobile app where you can place orders and receive relevant store notifications more efficiently. The My CP & Me Store has apps for both IOS & Android. You can find the iOS app by going to themycpandmestore.com/app/ios

You can download the android app by going to themycpandmestore.com/app/android

By agreeing to these terms and conditions you also constitute acceptance of the following policies in their entirety. Our Return/Refund/Order Cancellation policy found at https://themycpandmestore.com/pages/return-refund-policy our shipping policy found at https://themycpandmestore.com/pages/shipping-policy our store maintenance policy found at https://themycpandmestore.com/pages/maintenance-policy and our price match policy found at https://themycpandmestore.com/pages/price-match-guarantee

Order History Retention for The My CP & Me Store

Order history may only be retained at our sole discretion so long as your profile on our store is active per the inactive accounts clause of this policy

Involuntarily Account Closure

In certain cases (such as, without limitation to, your violation of Terms) we reserve the right, in our sole discretion, without notice to you to at any time and for any reason close your account. This is referred to as an Involuntary Account Closure. Unlike Voluntary Account Closures where you close the account and have the option to keep paid services until your term lapses (see “Cancellation/Refund Policy” for more information) Involuntarily Account Closures don’t come with the same protections. Your account will be closed immediately regardless of term cycle and your access to paid services revoked. In the event of an Involuntary Account Closure you consent to waive any right to any refunds for Services (partial or otherwise) except where required by law.

Inactive Accounts

If there is no indication of account access or activity by you after a period of 3 months or approximately 90 consecutive calendar days your account, in our sole discretion, may be classified inactive and your account permanently deleted . To avoid this you must make a “qualified action” on your account at least once every 90 days. A qualified action for My CP & Me is (a) submitting at least one post to the blog every 90 days; a qualified action for The Store is (a) making at least one purchase from the store every 90 days If your account is marked as inactive you will be notified via email or text by our support team one calendar month before account deletion is to occur (one calendar month meaning if you are notified on May 15th of inactivity your account will be deleted on June 15th if a qualified action isn’t taken. You will always be notified of inactivity one month before account closure even if we don’t notice the inactivity until after the 3 month window you will still receive the one month warning as described above); along with steps on how to reactive your account before your account is permanently deleted. If you use a phone number as your communication method on the store instead of an email you will receive warning from our support team text line at +1(317) 824-9524 in the same way you would receive a warning email about inactive store accounts. Inactive accounts are not eligible for refunds (partial or otherwise) except where required by law. After your account is suspended due to inactivity payments will stop (if applicable) until the account is reactivated. If your account is inactive due to you canceling a membership and allowing the membership to expire we don’t consider this to be inactive we consider it expiring.

We define inactive as: Any active and not in any way terminated or expiring account that has no indication of access or activity for a period of 90 consecutive days or longer.

You will only be notified of store account (profile) deletion if we have records of you having made an actual purchase on our store. If you have a profile on our store for any other reason that doesn’t relate to any finalized purchase records we may delete or retain your profile at any time and without notice to you. Some reasons you may have a profile on our store without purchasing are (a) you visited our store (b) you received an automated email after interacting with our store (c) you started an order but never finalized the purchase – if these actions did not lead to a purchase we may delete or retain your profile at any time and without notice to you

Advertisements

My CP & Me may have advertising on our website relating to the purpose of the Site. Such as, without limitation to, an advertisement for a physical therapists office or maybe a walker. My CP & Me does collect revenue from your clicks on the advertisements and that revenue in turn goes towards funding the Site operations. My CP & Me may also occasionally endorse products or services though an affiliate link. This is known as affiliate marketing. We will disclose if any affiliate links are posted on any post or page. While we will receive commissions for affiliate links we would never endorse a product we didn’t truly believe in or think would help others. All advertisements on the website are provided courtesy of Google AdSense. Google AdSense provides us with a method of integrating their advertising system into the Site and then they display ads relevant to the Site content on our behalf. We do not have control over the specific advertisements Google AdSense provides us. Therefore, we herby disclaim any liability should any ads provided by AdSense be, without limitation to, (a) irrelevant to the purpose of the site, (b) inappropriate for some viewers (c) offensive to some viewers. If there is an issue with any advertisement we of course will work with Google AdSense to get it resolved as quickly as possible. My CP & Me also disclaims any liability should a product or service purchased by you as a result of our affiliation with said product or service not live up to your expectations in any way, shape, or form. While we strive to only endorse trusted products and services; and while we do vet the providers of these products or services we cannot be held liable for issues pertaining to a third party affiliate.

Payment Processing Services & Payment Gateways

Since the blogging platform is a free service we don’t have a payment method you will have to submit information through for our blogging platform. We do accept payment for the store through various payment methods. We do have a payment gateway set up (our membership platform requires it) and that is through Stripe. If we do ever charge a fee for our blogging platform Stripe will process these payments but since we don’t charge a fee you won’t have to submit payment information and nothing will be submitted to Stripe for processing for the blogging platform.

Links To Third Party Sites & Third Party Services

We may contain links to other websites (“Linked Sites”) the linked sites are not under the control of My CP & Me and we are not responsible for the content of any linked site, including without limitation to any link found on a linked site or any changes or updates that may occur on a linked site. We are providing these links to you solely as a convenience, and any link provided does not imply endorsement by us nor does the inclusion of any links imply any association with the operators of the linked site

No Unlawful or Prohibited Use/Intellectual Property

You are granted, a non-exclusive, non-transferable, revocable license to access and use https://www.mycpandme.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to My CP & Me that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information though any means not intentionally made available or provided for thought the Site.

All content included as part of the Service (except where otherwise stated) such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is the property of My CP & Me or its suppliers and protected by copyright and other laws that protect intellectual property and property rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, reverse engineer, transmit, participate in the transfer or sale, create derivative works, or in any way, exploit any of the content, in whole or in part, found on the Site. The content on My CP & Me is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of My CP & Me and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied to the intellectual property of My CP & Me or our licensors except as expressly authorized by these Terms. Your acceptance of these terms also hereby constitutes acceptance of our Digital Millennium Copyright Act Policy found at support.mycpandme.org/dmca

Code of Conduct

You agree to conduct yourself in a manner that is beholden to this Code of Conduct (the “Code”) at all times while operating under the Site.

Any User shall NOT

Use swearing on the Site
Submit, transmit, disseminate, or in any other way provide illegal, unethical, immoral, profane, derogatory, or in any other way insensitive or inappropriate material to the Site
Provide (in any way) material to the Site which could jeopardize the Site Security or functionality. Such as (without limitation to) viruses, malware, spyware
Discriminate, harass, or belittle any other member on the basis of (without limitation to), Gender, Gender Identity, Age, Race/Nationality, Religious Beliefs, Disability, Pregnancy, Veteran Status, Employment Status
Invade or attempt to infringe upon another’s rights, including (but not limited to,) the right to privacy
Bully or abuse any other User for any reason
Attempt to access (without Our express written permission) areas of the Site which are solely intended for use by us, such as (without limitation to) the Site backend area
Plagiarize or otherwise provide materials (in any form) to My CP & Me without providing proper accreditations to the original content creator

This Code dictates that you will at all times:

Conduct yourself in an appropriate and professional manner.
Enjoy healthy discussions but understand when that discussion turns into an unhealthy one and know when to disengage from conversation.
Be respectful of others opinions even if you don’t share them yourself.
Always practice kindness and curiosity with your fellow members.
Respect others right to privacy and confidentiality.
Respect any other reasonable boundaries set forth by your fellow members.

Any violation of the Code should be brought to the attention of My CP & Me. You can alert us by sending an email with relevant details on the violation to the email address provided in the “Contact Us” section at the bottom of this policy.

Username Guidelines

This section outlines the guidelines for username selection. Your account is subject to immediate deactivation for violating username guidelines criteria. Your username must NOT violate the code of conduct, your username must NOT give a false impression of authority that you are a member of My CP & Me, L.L.C. staff (unless such authority is expressly granted to you by us) Therefore, your username must NOT contain words such as (without limitation to) support, compliance, My CP & Me, legal, etc. Seeing as how your username cannot violate code of conduct criteria swear words and/or other inappropriate or offensive terms are also restricted. Usernames that could lead to a misrepresentation of public figures or organizations are also not allowed (such as the Username “IAmDonaldTrump”) Usernames, once selected, cannot be changed (even by us) which is why violating the Username Guidelines criteria will result in deactivation of your account as it is our only recourse. You are welcome to resubscribe under a new appropriate username at any time. Violating these terms multiple times will result in us taking steps (at our sole discretion) to restrict you from creating accounts in the future; this will commonly be achieved by blocking your IP address from accessing our site

Use of Communication Services

The Site may contain bulletin, board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”) you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the purpose of the Site

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as right of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purposes; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable law or regulations.

My CP & Me has no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. My CP & Me reserves the right to terminate your access to any and all of the Communication Services at any time without notice for any reason whatsoever.

My CP & Me reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. My CP & Me does not control or endorse the content, messages, or information found in any Communication Service and, therefore, My CP & Me specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized My CP & Me spokespersons, and their views do not necessarily reflect those of My CP & Me

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials

Materials Provided to mycpandme.org or Posted on Any My CP & Me Web Page

My CP & Me does not claim ownership of the materials you provide to https://www.mycpandme.org (including feedback and suggestions) or post, upload, input, or submit to any My CP & Me Site or our associated services (collectively “Submissions”) However, by posting, uploading, imputing, providing or submitting your Submission you are granting us, or affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly preform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid to you (or us) with respect to the use of your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

All Submissions to the Site are subject to approval by us. After you submit your Submission to us it will be reviewed for approval to the Blog area of the Site (henceforth, the “Blog”) Your Submission to the Blog will not be viewable by you or the public after your Submission of it until We approve it. We attempt to approve Submissions in a timely manner, and always strive to do so. However, we cannot guarantee timely approval of your Submission. We reserve the right, in our sole discretion and without notice to you, to deny your Submission at any time after you Submit it, as well as for any reason.

Usage Releases

By submitting any information (pictures, text, blog posts, etc.) excluding personally identifiable information (order history, payment information, etc.) to My CP & Me, L.L.C. or any of its divisions such as (without limitation to) The My CP & Me Store, CP Talks with Tre, Disability Digest you consent to My CP & Me reusing and redistributing the content you provide to other forms, and do so hereby grant My CP & Me license, consent, and your permission to repurpose and redistribute the content you provide onto our other platforms. Some examples of this consent would be you submitting a review with an image on a product you purchased on The My CP & Me Store, and the act of submitting this review you are consenting to us taking your review (and any included images) and featuring them in a release of Disability Digest (at our sole discretion). The same can apply to any blog post submitted to our platform; as well as any other content you provide in any way to any platform controlled by My CP & Me. You do so hereby authorize us to use any content you provide (excluding personally identifiable information like credit card details or account login information) in any way we see fit for marketing and other purposes at our sole discretion so long as the content is accessible to us and we have received no request for deletion of the content on the original source from which it was accessible. We may include your name as it is publicly shown on the source material in other uses as necessary or appropriate for attribution. To simplify any information you provide to My CP & Me or its divisions that is publicly accessible to anyone may be reused by us in any way we see fit (at our sole discretion) such as with (without limitation to) social media postings or magazine release. Requesting deletion of source material will not alter past reuses already finalized only prevent future ones

International Users

The Service is controlled, operated, and administered by My CP & Me from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the My CP & Me content accessed through https://www.mycpandme.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless My CP & Me, its officers, directors, employees, agents, and third-parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules, or regulations. My CP & Me reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with My CP & Me in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of work concerning these Terms and Conditions , or any provisions hereof, whether in contract, tort, or otherwise, at law, or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terns and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agrees that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and My CP & Me agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THOUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MY CP & ME AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MY CP & ME AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS Is” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MY CP & ME AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY CP & ME AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THOUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MY CP & ME OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AMD EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

My CP & Me, in its sole discretion reserves the right to terminate your access to the Site as well as related Services at any time without notice. We also reserve the right in our sole discretion to block and otherwise restrict your IP address from connecting to or accessing our servers at any time without notice to you. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this section.

You agree that no joint venture partnership, employment, or agency relationship exists between you and My CP & Me as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimer and liability limitations set fourth above, then the invalid or unenforceable provisions will be deemed suspended by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and My CP & Me with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and My CP & Me with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes To These Terms

My CP & Me reserves the right, in its sole discretion, without notice to you to alter, change, or amend (both in part and in whole) the Terms under which the Site is provided. The most current version posted to the Site at https://support.mycpandme.org/terms henceforth will supersede and nullify all prior versions. My CP & Me encourages you to periodically review the Terms to stay informed on policies which govern the Site and its Services. Your continued use of the Site or Services after any such changes constitutes your acceptance of those changes in their entirety.

Archives

We keep archives of this document for your convenience. You can access archives of this document at https://themycpandmestore.com/pages/archives-terms-of-service these archives are for transparency purposes that you can access anytime. Archives may be deleted after 5 years based on last revised date on document. Archives may be deleted after 2 years based on last revised date on document. Always keeping the last out of date copy (the newest archive) regardless of time elapsed.

Contact Us

My CP & Me welcomes any questions or concerns you may have about these Terms and We encourage you to contact us by email or phone. You may direct all questions about this policy to support@mycpandme.org or by calling or texting our support team at +1 (317) 824-9524 Everyday 10 a.m. – 4 p.m. EST Holiday hours may vary, or by mail using the details below

My CP & Me, L.L.C.

8465 Keystone Crossing, Suite 115 #636

Indianapolis, IN 46240

Last Revised Friday October 11, 2024 7:59 PM EST