Website Terms and Condition of Use
Last Updated: September 28, 2021
1. Website Terms
Welcome to the website of Goodwill Industries of North Central Wisconsin, Inc. (Goodwill NCW), located at https://www.goodwillncw.org (however accessed and/or used), whether via personal computers, mobile devices or otherwise. Other interactive features, applications or downloads that are operated by us and available through this website are also covered by these Terms and Conditions of Use. (“Website”) owned and operated by Goodwill NCW (“we” and “us”). In addition to the Content on the website and the services provided by Goodwill NCW through the website (“Services”), the website provides various opportunities to submit Content and participate in community Services. By accessing this website, you agree to be bound by these website 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 the website. The materials contained in this web site are protected by applicable copyright and trademark 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 WEBSITE AND ANY AFFILIATE WEBSITES 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 website, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by Goodwill NCW, its licensors, vendors, agents and/or its Content providers. All elements of the website, 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 website may be used only for the intended purpose for which such website and services are being made available.
b. All trademarks, service marks and trade names of Goodwill NCW 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 Goodwill NCW 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 Goodwill NCW’s prior written consent.
c. Permission is granted to temporarily download one copy of the materials (information or software) on Goodwill NCW’s website 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:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Goodwill NCW’s website;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Goodwill NCW at any time.
3. Submission Policy
Where Goodwill NCW has specifically invited or requested submissions, Goodwill NCW 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 Goodwill NCW that they have created for consideration in connection with the website 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 website, you expressly grant Goodwill NCW a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable 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 non-confidential, and Goodwill NCW 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. Goodwill NCW may reject any submissions or postings in which Goodwill NCW 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, Goodwill NCW 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 website. You further understand and agree that sending unsolicited e-mail advertisements to the website or any user of the website 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 website. 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 website. In consideration of your use of such portions of the website, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the website’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 Goodwill NCW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Goodwill NCW has the right to suspend or terminate your account and refuse any and all current or future use of the website (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 website. We have the right to provide authorities with 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).
6. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the website 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 website or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the website.
a. The materials on Goodwill NCW’ website are provided “as is”. Goodwill NCW 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, Goodwill NCW does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Goodwill NCW 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 Goodwill NCW’s Internet site, even if Goodwill NCW or a Goodwill NCW 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 WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN NO EVENT SHALL GOODWILL NCW’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 Goodwill NCW harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the website or the Internet or your placement or transmission of any message or information on this website 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 Goodwill NCW; or (f) any other party’s access to and use of the website 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 website, you release Goodwill NCW (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 website 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 website 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.
12. Revisions and Errata
The materials appearing on Goodwill NCW’s website could include technical, typographical, or photographic errors. Goodwill NCW does not warrant that any of the materials on its website are accurate, complete, or current. Goodwill NCW may make changes to the materials contained on its website at any time without notice. Goodwill NCW does not, however, make any commitment to update the materials.
Goodwill NCW has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Goodwill NCW of the site. Use of any such linked website is at the user’s own risk.
14. Governing Law
Any claim relating to Goodwill NCW’s website shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.
These Terms and Conditions are the entire agreement between the user and Goodwill NCW 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 Goodwill NCW 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.
16. 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 [email protected].
17. MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the website. Goodwill NCW has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Goodwill NCW 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 Goodwill NCW 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 Website 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 Goodwill NCW, Attn: Marketing, 1800 Appleton Road, Menasha, WI 54952, or [email protected].
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the website that you claim is infringing, with enough detail so that we may locate it on the website;
- 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
Your use of the Goodwill NCW mobile message service (the “Service”) constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, however charges and fees associated with text messaging may be imposed by your wireless provider. Message and data rates may apply.
To opt-in to the Service, text JOIN and/or COLOR to 855-309-2438 or visit https://goodwillncw.org/subscribe. The Service will send SMS/MMS text messages to you using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. Message frequency for JOIN subscribers will not exceed 1-2 messages per month. Message frequency for COLOR subscribers will not exceed 4-5 messages per month.
If you have opted into the keyword JOIN or COLOR, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from Goodwill NCW via messages through your wireless provider to the mobile number you provided. All promotions and updates received through the Service are only valid for Goodwill NCW retail stores and training centers locations cannot be redeemed at the Goodwill NCW Outlet.
To cancel the Service, text the single keyword command STOP, followed by the keyword you’d like to unsubscribe from (JOIN or COLOR), to 855-309-2438 to opt out at any time. You’ll receive a one-time opt out confirmation text message. For Service support or assistance, text HELP to 855-309-2438 or email [email protected].
We may change the long code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a long code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number. If you port your existing number to a new mobile carrier you must opt into the Service again from the new carrier. If you get a new phone number, you must opt in again from your new phone number to attain the Service.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the Service, and you agree that Goodwill NCW will not be liable to you if this occurs.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
19. Email Marketing
Your use of Email Marketing (“Service”) constitutes your agreement to these terms and conditions (“Email Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Email Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
A user opts into the Service by:
- Joining the Good Points rewards program and providing their email address at the register
- Signing up for the Service through a webform hosted on Goodwill NCW’s website or Facebook
- Expressing interest to join the Service through affiliated Goodwill NCW programs and community partners
You may opt out of the Service at any time by following the instructions and links provided at the bottom of any email from Goodwill NCW. You may also change the frequency you receive promotional emails from Goodwill NCW to once a month. By unsubscribing, you will stop receiving promotional emails. If you would like to continue receiving transactional emails related to your Good Points account, you have the option to specify that when you opt out of promotional emails.
You may also opt out by responding to any email from Goodwill NCW asking to be unsubscribed, or by emailing [email protected] with written consent to opt you out of the Service. Allow three (3) business days to fulfill your request.
20. Copyright Notice
All website design, content, graphics, text selections, arrangements and all software are Copyright © 2021, Goodwill NCW. ALL RIGHTS RESERVED.