1) Goodwill Content and Proprietary Materials
In exchange for your agreement to the terms and conditions herein, we are granting you a limited, nonexclusive, revocable license for you to view, share, print or download material from the Goodwill Site for your personal, non-for-profit or educational purposes (“Authorized Uses”). You are expressly not granted the right to license, distribute, assign, sublicense, transfer, sell, prepare derivative works of or utilize any materials found on the Goodwill Site for commercial purposes. You may not access or use the Goodwill Site in any way that could or is intended to damage or impair the Goodwill Site, or any server or network underlying the Goodwill Site, or interfere with anyone else's use and enjoyment of the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site and any content on the Site so long as the link does not portray Goodwill, or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by Goodwill.
2) Acceptable Uses of the Site
You may not engage in, encourage, promote, facilitate, instruct or encourage others to engage in any of the following activities:
A. in whole or in part, copy, photocopy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Site, except to the extent required by applicable law;
B. remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Site;
C. intercept, “mine,” extract data from, or otherwise collect information from or through the Site, including without limitation by using any software, robot, scraper, or other data mining technology, unless authorized in writing by Goodwill in its sole discretion;
D. sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Site, or authorize all or any portion of the Site to be copied onto another user’s computer except as permitted hereunder;
E. intercept, emulate, or redirect the communication protocols used by the Site in any way, for any purpose, or engage in any activity that interferes with or disrupts the Site or Goodwill’ or its vendors’ servers or other infrastructure;
F. facilitate, create, or maintain any unauthorized connection to the Site, including without limitation:
(a) any connection to any unauthorized server that emulates, or attempts to emulate, Goodwill’s or its vendors’ servers; and
(b) any connection using programs or tools not approved by Goodwill in its sole discretion;
G. frame, mask, extract data from, copy or distribute the Site’s content or proprietary materials, including without limitation by using any robot, scraper, or other data mining technology;
H. upload or transmit to the Site or any servers, computer or networks connected to or accessible via the Site, or use any device, software or routine that contains any malicious code, virus, Trojan horses, worm, time bombs, or other computer programming routines that may interfere, or attempt to interfere with, the normal operation of Site or any servers, computer or networks connected to or accessible via the Site;
I. corrupt, damage, steal, or access or use without authorization, any information stored, processed or transmitted by the Site or any servers, computer or networks connected to or accessible via the Site; or
J. use the Site for illegal purposes or to violate any laws, regulations or legal orders, or to engage in any fraudulent, unfair or deceptive practices or activities.
3) Links to Third Party Sites
Goodwill also reserves the right to investigate suspected violations of this Agreement or any unlawful, fraudulent or suspicious activity, and any such violation or activity may be referred to law enforcement authorities.
This Agreement is effective until terminated. You may end this legal agreement with Goodwill at any time for any reason by discontinuing your use of the Site and Goodwill’s services. Goodwill may terminate this Agreement at any time for any reason, with or without notice to you. Upon termination for any reason, the license granted to you in Section 1 will immediately terminate. Excluding any grant of rights by You to Goodwill, the provisions in Sections 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12 will survive any termination.
6) Web Accessibility Policy
Goodwill seeks to keep its Site accessible to all visitors. The standards we currently implement in this area are detailed in our Web Accessibility Policy at www.goodwill.org/web-accessibility-policy.
7) User Submissions, Comments, Feedback, Social Networking
We encourage your comment and feedback on the Goodwill Site, our services and operations. To foster this dialog with you we provide a form page and contact us information, and may, but are not obligated to, offer various discussion forums, blogging efforts, tie-ins to social media services (such as Twitter, Facebook etc.) and other such options for your submissions of Content (collectively “Interactive Services”). For purpose of this agreement any text, graphics, images, videos, photos or other information materials you publicly post, upload to the Site or cause to appear on the Interactive Services shall collectively be referred to as "Content”. You retain your rights to any Content you submit or post through the Interactive Services. By submitting or posting Content to our Site, Interactive Services or to us, you grant us a worldwide, unrestricted, non-exclusive, transferable, royalty-free license to use, copy, distribute, perform, translate, host, store, reproduce, process, adapt, modify, publish, transmit, display and distribute all or a portion of such Content in any and all media or distribution methods (now known or later developed).
You are responsible for your use of these Interactive Services, for any of your Content and any consequences resulting from your Content. Any of your Content may be accessible by other users of the Interactive Services. You should only provide Content that you are comfortable sharing with others under these Terms. Goodwill does not endorse, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Site or Interactive Services. You understand that by using the Site and Interactive Services, you may be exposed to Content that might be offensive, inaccurate or otherwise inappropriate, or in some cases mislabeled. Under no circumstances will Goodwill be liable for any Content in any way or any loss or damages of any kind that result from your use of any Content posted, emailed, transmitted or otherwise made available via the Site or Interactive Services.
Any suggestions, communications or comments you transmit or submit directly to Goodwill may be (a) treated as non-confidential and non-proprietary by Goodwill, (b) become the property of Goodwill, who shall exclusively upon your submission own all rights, title and interest therein, and (c) may be used without restriction by Goodwill licensees and affiliates without any obligation, compensation or other liability to you. Such uses may be for any purpose whatsoever, including, but not limited to, training, reproduction, publication, broadcast and posting in whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. And while Goodwill will in good faith attempt to respond to any of your questions we are under no obligation to respond to any such communications.
Please take note that: UNDER NO CIRCUMSTANCES DOES GOODWILL OR THIS SITE PROVIDE MEDICAL ADVICE.
As the Content and information provided by or appearing on the Site is for informational purposes only it is not a substitute for medical advice. Nothing contained on this Site or offered in a response to your comments, feedback, posts or questions, whether by Goodwill or other visitors, is intended to be a medical diagnosis or treatment plan. You should therefore not rely on it. It may not be complete, accurate and is not designed to nor does adequately or professionally cover health issues, medical diagnosis, advice or treatments. Therefore, you should any never use any information on this Site in place of or as a substitute for a consultation with your doctor or other health care provider. Goodwill does not recommend self-management of health problems, nor does it endorse any particular type of medical treatment. If you suspect you have a medical condition, problem, or if you have any health care related questions, please promptly call or see your physician or other health care provider.
You may contact us with general questions regarding our Site, products, services, business solutions, financial gifts, careers at Goodwill, donation of goods, programs offered or under consideration, and the location of local Goodwill shops and outlets, but do not send us any specific medical, therapeutic or treatment questions.
8) Copyright Policy
Goodwill respects the intellectual property rights of others and expects you to do the same. We will review and respond to notices of alleged copyright infringement that comply with applicable law and are provided to us in accordance with this Copyright policy. If you reasonably believe your Content has been copied or posted on the Site in a way that constitutes copyright infringement, please provide us with the following information in your notice to us:
- a physical or electronic signature of the copyright owner (whether you or a third person) or of a person authorized to act on your or their behalf;
- identification of the specific copyrighted work you claim is being infringed;
- identification of the material that you request be removed or access to disabled reasonably sufficient to allow us to locate the material;
- your contact information, including your address, telephone number, and a valid email address;
- a concise statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information you have provided in the notification is accurate, and, that under penalty of perjury you are authorized to act on behalf of the copyright owner.
We reserve the right to remove any Content properly alleged to be infringing without prior notice, at our sole discretion and without any liability. In certain circumstances, Goodwill will also terminate the account or access of a visitor reasonably determined to be a repeat infringer of our copyright policy and of copyright law. Our designated copyright agent for receipt of notice of alleged copyright infringement appearing on the Site and Interactive Services is:
Goodwill Industries of Greater New York and Northern NJ, Inc.
Attn: Copyright Agent
4-21 27th Avenue
Astoria, NY 11102
10) Disclaimer of Warranties
THE SITE AND INFORMATION CONTAINED ON THIS SITE OR ANY LINKED SITE, INCLUDING ALL RELATED CONTENT, SOFTWARE, SERVERS, NETWORKS, FEATURES AND FUNCTIONS, FOR ANY PURPOSE ARE PROVIDED “AS IS”AND “AS AVAILABLE”. GOODWILL MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SITE AND THE CONTENT ON IT OF ANY KIND, AND ALL WARRANTIES, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. NO INFORMATION OBTAINED BY YOU FROM GOODWILL THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED HEREIN. WITHOUT ANY LIMITATION, GOODWILL DISCLAIMS ANY AND ALL WARRANTIES REGARDING (1) THE AVAILABILITY OF THE SITE OR THAT ANY MATERIALS ON THE GOODWILL SITE WILL BE ERROR-FREE, (2) THAT ANY DEFECTS IN THE SITE OR MATERIALS WILL BE TIMELY CORRECTED OR CORRECTED AT ALL, (3) THAT THE SITE, CONTENT, MATERIALS OR ANY LINKED OR THIRD PARTY SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK, AND ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. IF YOU ARE DISSATISFIED WITH THE SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
11) Damages and Limitation of Liability
IN NO EVENT SHALL ANY GOODWILL PARTIES OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SITE AND ITS PAGES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF GOODWILL, LOSS OF BUSINESS, ECONOMIC LOSS, DATA LOSS OR LOST PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, NEGLIGENCE, OR OTHER ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE GOODWILL SITE AND ITS CONTENT, EVEN IF THE GOODWILL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IN NO EVENT SHALL GOODWILL’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, UNDER ANY THEORY OF LAW, WHETHER CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TEN DOLLARS ($10). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE), AND WHETHER OR NOT GOODWILL HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY LOSS OR DAMAGES THAT ARISE OUT OF GOOWILL’S ACTS, ERRORS OR OMISSIONS, THE LOSS OR DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. CALIFORNIA CIVIL CODE §1542 STATES: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13) Entire Agreement
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