Web Site Terms and Conditions of Use
Last Updated: March 5, 2012
Welcome to the web site of Seattle Goodwill, located at www.seattlegoodwill.org (however accessed and/or used), whether via personal computers, mobile devices or otherwise, and other interactive features, applications or downloads that are operated by us that are available through this web site and post these Terms and Conditions of Use. ("Web site") owned and operated by Seattle Goodwill Industries ("we" and "us"). In addition to the Content on the web site and the services provided by Seattle Goodwill through the web site ("Services"), the web site provides you with various opportunities to submit Content and participate in various community Services. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
2. Use License
a. All of the content featured or displayed on the web site, including without limitation text, graphics, photographs, images, moving images, sound and illustrations ("Content"), is owned by Seattle Goodwill, its licensors, vendors, agents and/or its Content providers. All elements of the web site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The services and the web site may be used only for the intended purpose for which such web site and services are being made available.
b. . All trademarks, service marks and trade names of Seattle Goodwill or its partners, vendors or licensors used herein (including, but not limited to, the Goodwill name and the Goodwill logo) (collectively "Marks") are trademarks or registered trademarks of Seattle Goodwill or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity, without Seattle Goodwill's prior written consent.
c. Permission is granted to temporarily download one copy of the materials (information or software) on Seattle Goodwill Industries' web site for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Seattle Goodwill Industries’ web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
d. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Seattle Goodwill Industries at any time.
3. Submission Policy
Where Seattle Goodwill has specifically invited or requested submissions, Seattle Goodwill encourages members of the public to submit user published Content or user Content (e.g., postings to chat rooms, comments to our blogs, applications for employment or to volunteer, participation in communities, videos, tips, etc.) to Seattle Goodwill that they have created for consideration in connection with the web site and any related programs, books and broadcasts ("User Submissions"). User Submissions remain the intellectual property of the individual user. By posting User Submissions on our web site, you expressly grant Seattle Goodwill a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such User Submissions and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed nonconfidential, and Seattle Goodwill shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
4. Inappropriate Materials and Submissions
You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any other material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender's agents to civil and criminal penalties. Seattle Goodwill may reject any submissions or postings in which Seattle Goodwill believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, Seattle Goodwill reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the Web site. You further understand and agree that sending unsolicited e-mail advertisements to the Web site or any user of the Web site or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable "anti-spam" laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Web site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
5. Account Registration and Security
You understand that you may need to create an account to have access to certain portions of the web site. In consideration of your use of such portions of the web site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the web site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Seattle Goodwill has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Seattle Goodwill has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the services and web site. We have the right to provide user account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business).
Seattle Goodwill offers you the opportunity to buy gift cards from our partner through the Website. You may only purchase products for personal use by either yourself or your intended recipient of the products. Seattle Goodwill may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by Seattle Goodwill. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the acquisition and use of any Seattle Goodwill gift cards.
6. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the web site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the web site or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the web site.
a. The materials on Seattle Goodwill Industries’ web site are provided "as is". Seattle Goodwill Industries makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Seattle Goodwill Industries does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Seattle Goodwill Industries or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Seattle Goodwill Industries’ Internet site, even if Seattle Goodwill Industries or a Seattle Goodwill Industries authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL SEATTLE GOODWILL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).
You agree to defend, indemnify and hold Seattle Goodwill harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (a) the use of the web site or the Internet or your placement or transmission of any message or information on this web site by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to Seattle Goodwill; or (f) any other party's access to and use of the web site with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the web site, you release Seattle Goodwill (and our officers, trustees, directors, employees, agents, successors and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of this web site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our web site in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
13. Revisions and Errata
The materials appearing on Seattle Goodwill Industries’ web site could include technical, typographical, or photographic errors. Seattle Goodwill Industries does not warrant that any of the materials on its web site are accurate, complete, or current. Seattle Goodwill Industries may make changes to the materials contained on its web site at any time without notice. Seattle Goodwill Industries does not, however, make any commitment to update the materials.
Seattle Goodwill Industries has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Seattle Goodwill Industries of the site. Use of any such linked web site is at the user's own risk.
15. Governing Law
Any claim relating to Seattle Goodwill Industries’ web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.
These Terms and Conditions are the entire agreement between the user and Seattle Goodwill and supersede any prior understandings or agreements (written or oral). If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Seattle Goodwill in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections “Access and Interference”, “Limitations of Liability”, “Indemnity”, “Release”, and “General” of these Terms and Conditions shall survive any termination or expiration of these Terms and Conditions.
17. Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at firstname.lastname@example.org.
18. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Company has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Betsy McFeely, Communications Director, 700 Dearborn Place S, Seattle, WA 98144, (206) 329-1000, email@example.com.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Web Site that you claim is infringing, with enough detail so that we may locate it on the Web Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
19. Copyright Notice
All web site design, content, graphics, text selections, arrangements and all software are Copyright © 20012, Seattle Goodwill. ALL RIGHTS RESERVED.