Terms of Use

May 2, 2011

Welcome to GoodProspectssm (“Site”), which is owned and operated by Goodwill Industries International (GII). The following Terms of Use Agreement (“Agreement”) governs your access to and use of the Site. Please review the entire Agreement carefully. The Site is operated by GII.  By accessing or using our web site at http://goodprospects.goodwill.org/, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of http://goodprospects.goodwill.org/.

1. General

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

2. Eligibility

Membership in the Service is void where prohibited.

3. Privacy

Your use of the Site will be governed by the GII Privacy Policy, which appears on the Registration page of the site. By checking the box indicating you accept the terms of this Agreement, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

4. Term

This Agreement shall remain in full force and effect while you use GoodProspectssm. GII may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. You may terminate your Membership at any time, for any reason, by contacting us by e-mail at virtualvolunteers@goodwill.org. Requests for account termination may be made in writing to:

GoodProspects Program Manager

Goodwill Industries International

15810 Indianola Drive

Rockville, MD 20855

5. Applicable Laws

You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from GII. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and GII does not grant you any express or implied rights to access or use the Site for any other purpose.

6. Registration

To become a GoodProspectssm member, you need to register with the Site.  When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. GII has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current or incomplete.

7. Security

You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify GII of any unauthorized use of your password or username or any other breach of security by sending an e-mail to VirtualVolunteers@Goodwill.org.

8. Storage

You acknowledge that GII may establish general practices and limits concerning use of GoodProspectssm, including without limitation the maximum number of days that messages, submissions, or other uploaded content will be retained by GII, the maximum number of messages or other content that may be sent from or received by an account on GoodProspectssm, the maximum size of any message or other content that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on GII servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access GoodProspectssm in a given period of time. You agree that GII has no responsibility or liability for the deletion or failure to store any messages or other uploaded content maintained or transmitted by GII. You acknowledge that GII reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that GII reserves the right to modify these general practices and limits from time to time.

9. Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content (“Content”), are owned by GII to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without GII’s prior written consent. Requests for permission to reproduce any Content must be made in writing to:

GoodProspects Program Manager

Goodwill Industries International, Inc.

15810 Indianola Drive

Rockville, MD 20855

10. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, and designs of all GII products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to GII and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of GII or any third party.

11. User Content and Communications

Other than personal information, which is covered under the GII Privacy Policy, any information you transmit or post to the Site shall be considered non-confidential and non-proprietary. GII does not claim ownership of any information or materials you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information on, to, or through the Site, you agree that GII shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes.  No compensation will be paid with respect to the use of this information.

You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:

(a)    is copyrighted, unless you are the copyright owner;

(b)   infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

(c)    reveals a trade secret, unless you own it;

(d)   is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by GII in its sole discretion;

(e)   is illegal or otherwise objectionable;

(f)     constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or

(g)    contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

By using this site, you understand and agree that GII may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that GII may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of GII or any third party.

12. Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

  • harvest or collect e-mail addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
  • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another user;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

Violations of system or network security may result in civil or criminal liability. In accordance with these Terms of Use, GII will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

13. Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide GII’s Copyright Agent with the following information:

(a)    identification of the copyrighted work claimed to have been infringed;

(b)   identification of the allegedly infringing material on the Site that is requested to be removed;

(c)    your name, address, and daytime telephone number, and an e-mail address if available, so that GII may contact you if necessary;

(d)   a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e)   a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(f)     an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

GII’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

General Counsel

Goodwill Industries International, Inc.

15810 Indianola Drive

Rockville, MD 20855

GII will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

14. Acceptance of Terms

1.       Electronic Signature. This Agreement is an electronic contract that governs your use of and access to the Site. By checking the box indicating you accept these terms, you create an electronic signature that has the same legal force and effect as a handwritten signature.

2.       Electronic Form. When you check the box indicating your acceptance of the Agreement, you also consent to have the Agreement provided to you in electronic form and agree to receive information about your account electronically. GII reserves the right to send you information about your account by postal mail.

3.       Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign it. To receive a non-electronic copy of the Agreement, please send an e-mail to VirtualVolunteers@goodwill.org

or a letter and self-addressed, stamped envelope to:

GoodProspects Program Manager

Goodwill Industries International

15810 Indianola Drive

Rockville, MD 20855

4.       Withdrawing Your Consent. You have the right at any time to withdraw your consent to have the Agreement provided to you in electronic form. Should you choose to withdraw your consent to have the Agreement provided to you in electronic form, you will no longer be enrolled in the Site and you will not be able to access password-protected areas of the Site. We only will issue you a new username and password for the Site after we receive a signed copy of a non-electronic version of the Agreement, which we will send to you upon request. To withdraw your consent and/or request a non-electronic copy of the Agreement, please send an e-mail to VirtualVolunteers@goodwill.org or a letter and self-addressed stamped envelope to:

GoodProspects Program Manager

Goodwill Industries International

15810 Indianola Drive

Rockville, MD 20855

Your withdrawal of consent will be effective within a reasonable time after GII receives the notice described above, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Agreement.

5.       Access and Retention. In order to access and retain the Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access or retain the Agreement that create a material risk that you will not be able to continue to access or retain it.

15. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS.” GII MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. GII DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GII DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY GII, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY GII OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

GII MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND GII DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

16. Limitation of Liability

IN NO EVENT WILL GII OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE GII FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if GII has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, GII’s liability in such jurisdictions shall be limited to the extent permitted by law.

17. Indemnification

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

18. Choice of Law and Forum

The Agreement is subject to the laws of the State of Maryland.  If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association.

19. Termination

GII reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice.  Otherwise applicable sections of the Agreement shall survive termination.

20. Nondisclosure

Recipient will not use any information about the GoodProspectssm service for any purpose except to evaluate the service and provide feedback to GII. Recipient will not disclose any information about the GoodProspectssm service including but not limited to features, content, screen shots, members to any third party. This restriction will survive until the GoodProspectssm service becomes publicly known and is made generally available through no action or inaction of the user

21. No Waiver

The failure of GII to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

22. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GII as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and GII and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.