Goodwill Industries of Greater New York and Northern NJ, Inc. (“Goodwill” or “We”) provides to you this website at www.goodwillnynj.org (the “Goodwill Site” or “Site”) for your personal informational, educational and use. By accessing and using the Goodwill Site, you accept and agree to the following conditions and terms (“Terms of Use”) without limitation or qualification. If you do not agree with these Terms of Use, you may not use the Goodwill Site. If you have questions regarding any portion of these Terms of Use, feel free to inquire further with us via the contact information listed below.
All materials provided by Goodwill contained on this web site are either copyrighted by Goodwill or are licensed or otherwise published with the permission of the copyright owners of the material. The design, layout and materials contained on the Site includes elements protected by trade dress, trademark, copyright or other intellectual property laws, and may not be copied or imitated in whole or in part except as expressly allowed by this Terms of Use. No text, logo, graphic, sound, or image from this web site may be copied, except in connection with the Authorized Uses, defined below, or retransmitted without the express written permission of Goodwill. Other than the limited rights expressly granted here to you, all rights, title and interest in the Site and Site materials are reserved to Goodwill and the respective owners of such content.
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.
Any Authorized Uses that include reproduction of Site content permitted under this Terms of Use Agreement must contain the following notice: “©Copyright 2012 Goodwill International of Greater New York and Northern NJ, Inc. All rights reserved.”
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.
GOODWILL RESERVES THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.
Our Site may contain links to third-party websites, materials and resources (“Third Party Sites”). Goodwill is not responsible or liable for: (a) the availability, accuracy or applications on or of such Third Party Sites; or (ii) the content, products, software or services on or available from such Third Party Sites. Links to such Third Party Sites do not imply any endorsement by Goodwill. You are solely responsible for and assume all risk arising from your use of any such Third Party Sites. Such Third Party Sites may also offer their own privacy policies and your use of any of these Third Party Sites will be controlled by its privacy policy and not the Goodwill Privacy Policy applicable to this Site. You should therefore read, understand and agree to any such applicable Third Party Sites’ privacy policies and terms of use before using the Third Party Site.
Goodwill reserves the right to change, suspend, discontinue, add or modify any services, content, materials or information Goodwill provides or contributes to this Site, in whole or in part, at any time. Further Goodwill may at any time revise these Terms of Use by updating this page, and in such cases will update the modification date found at the bottom of this page. You agree that your continued use of the Site following any such modifications indicates your agreement and consent to be bound by such revisions and should therefore visit this page to review the current Terms of Use from time to time.
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.
Goodwill values the privacy of those who visit our Site and choose to provide information to us through the Site. The Goodwill Privacy Policy (linked below) governs our collection and use of your information on this website and provides details on what you may expect as to how we use and treat information collected or provided by you to Goodwill. Your authorized use of the Site is contingent on your acceptance in full of both these Terms of Use and the Privacy Policy, which is incorporated into this Terms of Use by reference. Click to review our Privacy Policy here.
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 here.
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.
Any Content you submit, post or upload to the Site may be “mirrored,” that is copied and cross-posted, to Goodwill’s social media pages on Facebook, Twitter or other social networking outlets Goodwill elects to use in its sole discretion. The appearance of any of your Content that does appear on such third party social networking outlets, whether through such mirroring or your own actions on Goodwill’s social networking pages, are subject to the specific terms of use and privacy policies provided by such social networking sites. You should be aware of and review the policies and user agreements of these third party social networking sites.
Goodwill may also elect to utilize login authentication offered by such Third Party Sites (i.e., Facebook’s login authentication) to give you an easy method of identifying yourself in posts and Content. Many popular websites use these methods as a courtesy allowing you to avoid the need to create and remember another user account. In the event we do so and you correspondingly utilize it, the user name and password you provide are handled and controlled by the Third Party Site and its terms of use agreements and privacy policies.
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.
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
Email: CopyrightAgent@goodwillnynj.org
You agree to indemnify, defend and hold Goodwill and its business partners and affiliates, including their officers, directors, owners, employees, subsidiaries, agents, information providers, service providers, vendors, and contractors (collectively “Goodwill Parties”) harmless from any actual or alleged liability, losses, costs, claim and expense, including reasonable attorneys’ fees and expenses, incurred by the Goodwill Parties in connection with any actual or allege claim against any Goodwill Party in connection with or arising from your acts or omissions in using the Site or alleged or actual violation of these Terms of Use, including but not limited to, use of your account or your passwords by any person, whether or not authorized by you, violations of the rights of privacy, rights of publicity, copyright or other intellectual property infringement, or other rights of third parties in or to your submitted Content, use of Interactive Services and/or any other violation of law or breach of contract obligations relating to any use, feedback, comments or submissions made by you or at your direction to us on or through the Site. Each Goodwill Party reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify and/or defend the Goodwill Parties, and you agree to cooperate with the Goodwill Parties’ defense of these claims.
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.
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.
These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of New York, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the federal or state courts sitting in New York and you consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Goodwill Site, your access and use or these Terms of Use.
These Terms of Use may not be assigned by you. Goodwill may assign its rights and obligations set forth in these Terms of Use at any time. Should any part of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Goodwill’s failure to enforce any provision of these Terms of Use or any other applicable terms shall not be deemed a waiver of the specific provisions nor of Goodwill’s right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Goodwill.
These Terms of Use, our Privacy Policy and Web Accessibility Policy are the entire and exclusive agreement between Goodwill and you regarding the Site (excluding any services for which you have a separate agreement with Goodwill that is explicitly in addition or in place of these Terms of Use), and these Terms of Use supersede and replace any prior agreements between Goodwill and you regarding the Site.
If you have any questions or comments regarding these Terms of Use please contact us using the information below:
Goodwill Industries of Greater New York and Northern NJ, Inc.
4-21 27th Avenue
Astoria, NY 11102
Email: info@goodwillny.org
Phone: (718) 728-5400
About Goodwill
Last Updated June 2012