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Terms of Use

Last Updated:12/28/2016 

Welcome to http://www.shopgoodwill.com/ (our Website), an online marketplace operated by Goodwill Industries of Orange County, d.b.a. shopgoodwill.com (Goodwill, us or we). Please review the following terms and conditions (Terms of Use) and our other policies that govern your visit to our Website, and your use of our Website, and the related products and services available on or through our Website (the Service(s)). Goodwill reserves the right, at any time, to modify or update our Website, policies and these Terms of Use.

Your Consent and Use of our Website

Your use of our Website constitutes your acceptance of, and agreement to follow and be bound by the Terms of Use, Privacy Policy, and any further policies or terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this Agreement). If you do not agree to these terms and conditions, please do not use OUR Website.

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 Childrens 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.

Website Contents and Intellectual Property Rights

 

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 Goodwills express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Disclaimer of Warranties and Limitation of Liabilities

 

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.

 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

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.

 

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.

Release and Indemnification

 

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.

Choice of Law, Arbitration, and Venue

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.

You agree to arbitrate any and all Claims, including all statutory Claims, and any state or federal Claims. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

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 persons 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.

Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials

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.

Any submission of information or copyrightable works of any nature by you to this Website or to Goodwill through the use of this Website shall be deemed to constitute a release by you to the public domain, for use by Goodwill and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Goodwill using this Website or otherwise are not confidential and will become and remain Goodwills property. By submitting any such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction.

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.

If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, Posted Content) at or through our Website, you represent, warrant, and agree that any such Posted Content:

 

(a)                Is not defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;

 

(b)               Is not false, inaccurate, misleading, or fraudulent;

 

(c)                Does not infringe any third partys copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

 

(d)               Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(e)                Does not contain personal identifying information of any person other than you;

 

(f)                Does not contain any advertising of any nature whatsoever;

 

(g)               Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, flooding, spamming, mail bombing or crashing our Website or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and

 

(h)               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.

 

Copyright/ DMCA Notice and Procedure

 

It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify Goodwills designated Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Goodwill may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Goodwills Privacy Policy does not protect information provided in these notices.

 

Notification

 

If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:

 

410 N. Fairview St, Santa Ana, CA 92703

info@shopgoodwill.com

714-242-9274

 

Please note that you may be liable for damages (including costs and attorneys fees) if you materially misrepresent that material is infringing.

 

Your notification must include the following information:

 

(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

(B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

(C) 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.

 

(D) 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.

 

(E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

(F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Note, however, that if you posted any materials on this Website, by submitting, posting or displaying your content on our Website, you grant Goodwill and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms of Use.

 

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.

 

Upon receipt of the written notification containing the information as outlined above:

 

(A) Goodwill shall remove or disable access to the material that is alleged to be infringing.

 

(B) Goodwill shall use reasonable efforts to forward the written notification to such alleged infringer (User).

 

(C) Goodwill shall take reasonable steps to notify the User that it has removed or disabled access to the material.

 

Counter Notification

 

To be effective, a Counter Notification must be a written communication provided to Goodwills designated Copyright Agent that includes substantially the following:

 

(A) A physical or electronic signature of the User.

 

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

 

(C) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

(D) The Users 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 Users 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.

 

Upon receipt of a Counter Notification containing the information as outlined above:

 

(A) Goodwill shall promptly provide you with a copy of the counter notification, and inform you that Goodwill will replace the removed material or cease disabling access to it in 10 business days; and

 

(B) 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 Goodwills 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.

 

Account Termination

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 Goodwills DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.

 

Termination and Denial of Access

This Agreement is effective unless and until terminated by Goodwill. If, in Goodwills 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.

 

Third Party Links

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.

 

Modifications to our Website or Services

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.

 

Your Account Information, Password and Security

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 persons account at any time, without the express permission of the account holder.

 

Auction Bidding and Buying; Non-Paying Bidders

New bidders (buyers with user accounts less than 30 days old) will be restricted to participating in no more than 15 active auctions at one time. As a bidder, if you have the highest bid at the end of the auction period, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, YOU ARE OBLIGATED TO COMPLETE THE TRANSACTION. Bids are not retractable except in exceptional circumstances (e.g., the seller materially changes the description of the item after your bid, clear typographical errors, or when the bidder cannot authenticate the identity of the seller). Bid manipulation is strictly prohibited. In other words, you may not bid in a way that pushes other bidders to their maximum bid, retract your original high bid, and re-bid at a small increment above the legitimate high bidder.

A Non-Paying Bidder is a person who wins the auction through the bidding process but does not follow through with the transaction and instead fails to fulfill his or her obligation to purchase the item(s) he or she won through the bidding process. The seller community of our Website is committed to notifying our staff regarding any Non-Paying Bidder. We take these situations very seriously and will record, monitor, suspend or ban any Non-Paying Bidder, or take other appropriate disciplinary, investigative or legal action, in our sole and absolute discretion.

 

Product Availability and Pricing

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.

 

Product Images, Content and Specifications

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 Goodwills 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.

 

Return Policy

Goodwills return and refund policy is accessible here and is incorporated into this Agreement in its entirety.

 

Shipping Policy and Risk of Loss

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address 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.

 

Eligibility to Order/Purchase

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.

 

Eligibility to Sell

To conduct an auction or sell an item, you must be a registered member of Goodwill Industries International.

 

Pre-Paid Credit Cards and Gift Cards

Terms of payment (whether PayPal, Visa and MasterCard credit cards or debit cards) vary by seller. Please refer to an items 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.

If you are unable to activate the card for online purchases, you will need to use a standard Visa or MasterCard credit or debit card. Please check the item listing page carefully for payment methods accepted by the seller of the item.

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.

 

Miscellaneous

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.

 

Complaints or Concerns

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.



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