We may from time to time change or modify the terms and conditions that govern your use of our Website, Services and this Agreement. Your use of our Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to this Website, or remove any material you may have posted at our Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Goodwill undertakes no obligation to police, supervise, or monitor materials posted to this Website by you or other third parties.
Use of this Website is limited to persons over the age of eighteen (18) who are residents of the United States. This Website is not directed to persons under 18 years old. The policy of Goodwill, as the operator of this Website, is NOT to knowingly collect any personal information from persons under 18, including "individually identifiable information," as defined by the Children's Online Privacy Protection Act (COPPA). If you are under 18, you should leave our Website without providing any information about yourself. Any access to or use of this Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using our Website and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of our Website, Services and this Agreement. By using our Website and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PROHIBITED USES. Goodwill imposes certain restrictions on your permissible use of our Website. You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) using our Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using our Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Goodwill in providing our Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots," spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of our Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to our Website. You may not data mine our Website or in any way cause harm to our Website.
Unless otherwise noted, the design of our Website, our Website as a whole, and all materials that are part of our Website and Services (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Goodwill or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances, and Goodwill reserves and retains all intellectual property rights in and to our Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of Goodwill.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or our Website. Unauthorized use or copying (including electronic copying or downloading) of our Website and Contents without Goodwill's express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN 'AS IS' BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE, PRODUCTS OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OUR WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON OUR WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. BECAUSE OUR WEBSITE IS ONLY A VENUE FOR SELLERS AND BUYERS, AND GOODWILL IS NOT INVOLVED IN THE ACTUAL BIDDING AND SALES TRANSACTIONS BETWEEN SELLERS AND BUYERS, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF SELLERS TO SELL ANY ITEMS, OR THE ABILITY OF BUYERS TO BUY ANY ITEMS. WE CANNOT AND DO NOT CONTROL WHETHER ANY PARTY WILL COMPLETE A TRANSACTION. THUS, YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS WEBSITE. LIKEWISE, GOODWILL DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. GOODWILL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL GOODWILL OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICES. IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR SERVICES, OR ANY MATERIALS ON OUR WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF GOODWILL FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO GOODWILL FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF OUR WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE GOODWILL AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, DISTRIBUTORS, VENDORS AND AFFILIATES (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF OUR WEBSITE AND/OR SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE OUR WEBSITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO OUR WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
This Agreement and any claim or controversy relating to or arising from the use of our Website or Services, including, but not limited to, any transactions made or entered into at our Website, any information, content, products, services or promotions herein contained or provided from our Website, or any functionality, software or programming contained or provided at or from our Website (hereafter, "Claims"), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 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 with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING OUR WEBSITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
As a user of this Website, you may be able to post content on our Website, including, without limitation, by providing testimonials or reviews, leaving comments, etc. You are solely responsible for the content you publish, display or post on our Website or Services, or transmit or display to other users. However, Goodwill reserves the right to block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to Goodwill in its sole discretion. Goodwill reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on our Website, in its sole discretion, without notice. If at any time Goodwill chooses, in its sole discretion, to monitor the content, Goodwill nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that Goodwill shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from our Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
Your submission of such information and material shall further constitute an assignment to Goodwill of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation. By posting content to any public area of our Website, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Shall become and be the property of Goodwill with the full and unrestricted right of Goodwill to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Goodwill to locate the material.
Information reasonably sufficient to permit Goodwill to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
Only DMCA notices should go to the Goodwill Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of DMCA may be ignored.
Goodwill shall remove or disable access to the material that is alleged to be infringing.
Goodwill shall use reasonable efforts to forward the written notification to such alleged infringer ("User").
Goodwill shall take reasonable steps to notify the User that it has removed or disabled access to the material.
The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User's address is outside of the United States, for any judicial district in which Goodwill is located, and that the User will accept service of process from the person who provided notification or an agent of such person.
Goodwill shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless Goodwill's designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at our Website.
Goodwill may, in appropriate circumstances, terminate an account holder or user of our Website if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact Goodwill's DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.
This Agreement is effective unless and until terminated by Goodwill. If, in Goodwill's sole discretion, you fail to comply with any term or provision of this Agreement, Goodwill may terminate your access to or use of this Website. In the event of termination or denial of access by Goodwill, you are no longer authorized to access our Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
This Website may include links to other Internet sites maintained by third parties ("Linked Sites"). Goodwill provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Goodwill of the Linked Sites. You access Linked Sites at your own risk and by accessing them, you leave this Website. Linked Sites are not under the control of Goodwill and Goodwill is not responsible for any content of any Linked Sites.
Goodwill reserves the right at any time to modify or discontinue, temporarily or permanently, our Website and/or Services (or any part thereof) with or without notice in our sole discretion. You agree that Goodwill shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Website and/or Services.
In the course of your use of our Website or Services, we may ask you for certain information, including your name, email address, mailing address and credit card information (collectively, "Account Information"). If you open an account or commence any transaction of business at or on this Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. Please see our FAQs for more information on how to update your information. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will Goodwill be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person's account at any time, without the express permission of the account holder.
The inclusion of any products or Services on this Website at a particular time does not imply or warrant that these products or Services will be available at any time. Products may be out-of-stock, discontinued, or subject to other action by the seller. Prices are quoted in U.S. dollars, are effective for U.S. purchases only, and are subject to change at any time. Discounts are limited time offers and may not be combined with any other offers. Goodwill reserves the right to limit the quantities of any products or Services that we offer through this Website at its sole discretion. For information on shipping, please see our Shipping Policy.
All features, content, specifications, products and prices of products and Services described or depicted on this Website are subject to change at any time without notice. All product descriptions provided by the seller are approximate and are provided for convenience only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Likewise, the product images on this Website may appear larger or smaller than their actual size. While Goodwill attempts to be as accurate as possible in the product descriptions on this Website, Goodwill does not warrant that product descriptions or other content of any Goodwill Service is accurate, complete, reliable, current or error-free. If a product offered by Goodwill is not as described, your sole remedy is to return it in unused condition pursuant to Goodwill's Return Policy.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with respect to the possession, use and sale of any item purchased form this Website. By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner.
Goodwill's return and refund policy is accessible here and is incorporated into this Agreement in its entirety.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping adress is valid and compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for any damaged and/or lost shipments.
To place an order on this Website or set up an account as a bidder, buyer or purchaser, you must be 18 years of age or older.
To conduct an auction or sell an item, you must be a registered member of Goodwill Industries International.
Terms of payment (whether PayPal, Visa and MasterCard credit cards or debit cards) vary by seller. Please refer to an item's listing for a list of payment options acceptable to that particular seller. Pre-paid and gift card credit cards must have a verifiable billing address associated with them and a 3-digit security code on the back of the card to be used to pay for purchases on our Website. If your card does not have a verifiable billing address or a 3-digit security code, you will need to contact the card-issuer for instructions on how to enable the card to be used to pay for items on our Website.
With respect to any credit card use, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on our Website at the time of your order.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Goodwill and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between Goodwill and you with respect to use of our Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
If you have any complaints or concerns regarding our Website or Services, please contact us at info@shopgoodwill.com or 714-640-8370. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.