Privacy Policy

GOODWILL INDUSTRIES OF THE BERKSHIRES AND SOUTHERN VERMONT

Effective as of July, 2024

Goodwill Industries of the Berkshires and Southern Vermont (“Goodwill Berkshires”, “we”, “us”, or “our”). respects your privacy and is committed to protecting it as set forth in this privacy policy (“Privacy Policy”). This Privacy Policy describes what personal information we collect about you, including how we collect it, how we use it, and with whom we may share it. This Privacy Policy applies to personal information collected on our website located at https://www.goodwill-berkshires.org/ (the “Website”), as well as personal information collected in or through our services and programs or otherwise through any interaction you have with us (collectively with the Website, the “Services”).

If users have questions about the types of information collected on this Website or would like to request a correction of any information collected, then please contact us at [email protected].

Changes to Our Privacy Policy

We may change this Privacy Policy at any time. The most recent version of the Privacy Policy is reflected by the effective date at the top of this Privacy Policy. All amendments to this Privacy Policy will be effective immediately upon notice thereof, which we may give by any means, including by posting a revised version of the Privacy Policy or other notice on the Website.

What Is Personal Information?

By using the term “personal information” in this Privacy Policy, we mean any information that can be used to directly or indirectly identify a specific individual.

What Personal Information Do We Collect?

Goodwill Berkshires collects personal information from a variety of sources, including information that you provide directly and information that we automatically collect when you access and use the Services.

Personal Information You Provide. You may provide personal information to us and our third-party service providers through the Services, when you apply for or inquire about employment with us, make a donation, inquire about partnering with us or becoming a sponsor, or when you e-mail, call, or otherwise communicate with us. The types of personal information you provide differ depending on how you choose to interact with us, but may include name, email, phone number, address, and payment card or bank account information, etc., or any other personal information you choose to provide to us.
Information Collected Automatically. We and our third-party service providers may collect information automatically from you when you access and use the Services. Such information may include personal information and includes the following:

Usage Information. We may collect information about how you interact with the Services. This may include information such as the dates and time you visit the Services, the page you view, referring / exit URLS, your browser type, and the domain name of your internet service provider. In some cases, we may collect this information through cookies and similar technologies. To learn more about these technologies, please see the “Cookies and Similar Technologies” section below.

Device Information. We may collect information about the devices you use to access the Services, including your device make and model, IP address, inferred geolocation information, operating system, and unique device identifiers.

Cookies and Similar Technologies

When you visit our Services, we may obtain certain information by automated means, such as cookies, web beacons, and other similar technologies and techniques. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon”, also known as an Internet tag, pixel tag, or clear GIF, links web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server. The information that we and our third party service providers may track with cookies, web beacons, and similar technologies may include the type of browser (such as Google Chrome or Internet Explorer) and Internet-connected devices being used to access the Services, your IP address, your home domain or Internet service provider, your referrer URL (the URL for the website that you were viewing prior to visiting the Services), how you were directed to the Services, which specific pages you access on the Services, how long you view each page, the time and date you access our Services, and the total number of visitors to the Services and any portions thereof.

Most popular Internet browser applications will allow you to adjust the browser so as not to accept cookies. For mobile devices, you can manage how your device and browser share certain data by adjusting the privacy and security settings on your mobile device. However, making such adjustments may, in certain instances, prevent you from taking full advantage of the Services (or some portion thereof) and its capabilities, or cause some features of the Services to function improperly or more slowly.

Google Analytics and Other Analytics Services

We may use Google Analytics, a web analysis service provided by Google, together with other analytics services, in order to better understand your use of the Services and how we can improve them. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other directly identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a persistent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google Analytics uses its cookie(s) and the information Google Analytics collects to track your online activities over time and across different websites when you use our Services, and other websites. Google’s ability to use and share information collected by Google Analytics about your visits to the Services are governed by the Google Analytics Terms of Service and the Google Privacy Policy. Google may utilize the data collected to track and examine the use of the Services, to prepare reports on its activities, and share them with other Google services. To more fully understand how Google may use the data it collects through the Services, please review “How Google Uses Information From Sites or Apps That Use Our Services” (located here).

Correspondence

We appreciate your questions and comments about the Services and welcome your messages through our “Contact Us” page. If you correspond with us, we may collect personal information, including the content of, and metadata regarding, any correspondence you may provide us. We may share your messages with those within our organization or with local member organizations to address the issues contained in your message.

How Can I Opt-Out of Promotional Correspondence?

We may send you e-mails with promotional offers. If you would no longer like to receive this information from us, please click the unsubscribe link at the bottom of any such e-mail you receive from us and follow the instructions. Please allow us a reasonable amount of time in order to satisfy your request, as some communications may already be in process.

How Do We Use The Personal Information That We Collect?

We collect and use personal information for reasons that include, but are not limited to:

providing our Services to you;
accepting and processing donations;
operating and providing the Website;
improving our Services, user experience, and our business/nonprofit mission;
security purposes, including monitoring, risk assessment, addressing integrity and security issues related to the Services, and fraud and crime prevention/detention;
sending information that you request from us, including responding to inquiries or requests for information about or from us;
sending promotional or marketing materials;
evaluating your qualifications for career positions with us;
other business purposes, including, without limitation, verifying your identity, age, and/or payment details, investigating complaints about the Services, research and analysis, marketing, advertising, and dispute resolution;
in connection with a merger or similar consolidation into or with another entity;
complying with law enforcement, government agencies, or a governmental mandate;
complying with or as permitted by any Goodwill Berkshires policies and any applicable legal requirements; and
engaging in other activities discussed under this Privacy Policy or by Goodwill Berkshires in its discretion.

With Whom Do We Share Personal Information That We Collect?

In addition to the uses mentioned or described elsewhere in this Privacy Policy, we may add personal information to our database.

We may share personal information with third parties, such as trusted business partners and service providers, to help provide the Services, deliver our products and services, process payments, perform statistical analysis, protect against potential fraud, or perform any other functions consistent with the operation of the Services. We may also share personal information with professional advisors, such as lawyers, auditors, bankers, and insurers, in the course of the professional services they render to us.

We may also disclose personal information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose personal information to establish or exercise our legal rights, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

As we grow and develop, it is possible that out organization might change or that it might merge or otherwise combine with another organization. In any such transactions, personal information generally is, and should be expected to be, one of the transferred business assets. Also, if any bankruptcy, liquidation or reorganization proceeding is brought by or against us, your personal information may be considered a company asset that may be sold or transferred to third parties.

How Do We Protect Personal Information Collected About You?

We take commercially reasonable measures to secure and protect personal information on the Services. We restrict access to personal information to employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to appropriate confidentiality obligations. Nevertheless, no security system is impenetrable. We cannot guarantee that personal information that users of the Services transmit or otherwise supply will be secure.

How Long Do We Keep Your Personal Information?

We will only keep your personal information for so long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is permitted or required by law (such as tax, accounting, or other legal requirements).In some cases, your personal information is retained by third-party service providers subject to their privacy policies and retention periods.

Linked Websites

For your convenience, some hyperlinks may be posted on the Services that link to other websites not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those websites or pages not under our control or of any companies that we do not own or control. We do not endorse any of those websites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages.

User-Provided Content

Except as expressly set forth in this Privacy Policy, any information, communications, or material that you submit to the Services is done at your own risk and without any expectation of privacy.

Social Media Platforms

Any information, communications, or material that you submit to any pages associated with Goodwill Berkshires on social media platforms is done at your own risk and without any expectation of privacy. All such submissions are subject to the terms of use and privacy policy of such social media platforms.

Children’s Personal Data

The Services are intended for a general audience and are not intended for use by children under 13 years of age. We do not knowingly collect information about children or sell products to children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.

Visiting The Services From Outside The United States

If you are visiting the Services, or any part thereof, from outside of the United States, your personal information may be transferred to, stored and processed in the United States. The data protection and other laws of the United States may not be as comprehensive as those in your country. By using any portion of the Services, you consent to the transfer of your personal information to our servers and databases in the United States and those third parties with whom we share such personal information as described in this Privacy Policy.

European Economic Area (“EEA”) and the United Kingdom (“UK”)

This portion of our Privacy Policy applies to residents of the EEA and the UK only and applies only to the extent of any inconsistency with the information above. All terms not otherwise defined in this portion shall have the meanings as defined under the General Data Protection Regulation, the Data Protection Act 2018, or the UK General Data Protection Regulation, as applicable.

Contact Details and Data Protection Officer

The controller is: Goodwill Industries of the Berkshires and Southern Vermont, 158 Tyler Street, Pittsfield, MA, USA, 01201

You may contact Company’s Privacy Officer at [email protected].

Legal Basis for Processing Personal Data

Our legal basis for processing your personal data will depend on the personal data collected and the specific context in which we collect it. We process personal data from you when:

We have your consent to do so;
We have a contract with you and it is necessary to process your personal data to perform our contract with you, including to operate our business, provide our products and services, and provide you with the benefits of the Services;
The processing is in our legitimate interests, such as operating our nonprofit organization, providing our products and services, improving and developing the Services, communicating with you, marketing and advertising our organizational nonprofit mission, products and services, to identify and protect fraud, protect you, us, or others from security threats by enhancing the security of our network and information systems, and complying with applicable laws and industry regulations; and
To comply with legal requirements, including applicable laws and regulations.

International Data Transfers

If personal data is transferred outside of the EEA or the UK, we take commercially reasonable efforts to protect such personal data, such as by entering into certain Standard Contractual Clauses as approved by the European Commission or the International Data Transfer Agreement or the International Data Transfer Addendum to the Standard Contractual Clauses, as approved by the United Kingdom’s Information Commissioner’s Office.

Automated Decision-Making

We do not engage in any automated decision-making as a part of our services.

Exercising Your Rights

If you are a resident of the EEA or the UK, you have the following rights regarding your personal data:

Right to Access, Rectify, or Erasure. You may request to access, to rectify inaccurate personal data concerning you, or to delete your personal data. Please note that even if you request for your personal data to be deleted, certain aspects may be retained by us to meet our legal or regulatory compliance, exercise, establish or defend claims, and to protect against fraudulent or abusive activity on our Services.
Right to Object to Processing. In certain circumstances, you have the right to object to our use of your personal data, such as if we are using your personal data for direct marketing; for our or a third party’s legitimate interests or the public’s interest; or for scientific or historical research and statistics.
Right to Restrict Processing. Under some circumstances, you may request that we limit how we use your data or “Restrict Processing.” Simply a difference of opinion or view does not necessarily justify a restriction.
Right to Data Portability. At your request, you may request portability of your personal data. We are happy to provide your personal data to you in a machine-readable or “portable” format.
Right to Withdraw Consent. If we have collected and processed your personal data with your consent, you are free to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of processing we conducted prior to such withdrawal, nor will it affect processing of your personal data conducted in reliance on a legal basis other than consent.
Right to File a Complaint. If you have a complaint about how we use your personal data, we hope that you will contact us according to the contact information below and we will promptly address your concern. However, you can always file a complaint with the supervisory authority in your jurisdiction. For more information, please contact your local data protection authority (contact details for data protection authorities in the EEA are available at https://edpb.europa.eu/about-edpb/board/members_en. Contact details for the data protection authority in the UK is available at https://ico.org.uk/.

How to Exercise Your Rights

You can exercise any of the rights described in the previous section by contacting us at [email protected].

LAST UPDATED: July 14, 2024

TERMS OF USE

Last Updated: These Terms of Use were last updated on July 15, 2024. Please check back periodically for updates and changes.

Please read the following terms and conditions (the “Terms of Use”) carefully. These Terms of Use govern your access to and use of the Goodwill Berkshires website located at www.goodwill-berkshires.org (together with its webpages “the “Site”), any associated Content (as defined below) (the Site, together with the Content, are collectively referred to as the “Platform”), and the services, features, functionality, and offers made available through the Platform (the “Services”).

In these Terms of Use, “you” and “your” refer to the business entity on whose behalf an individual or electronic agent is accessing the Platform and/or using the Services; and “Goodwill Berkshires”, “we”, “us” or “our” refers to Goodwill Industries of the Berkshires and Southern Vermont Inc. and all of its respective subsidiaries, directors, officers and employees.

These Terms of Use constitute a contract between you and Goodwill Berkshires. By using the Site, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full.

Changes to the Terms of Use

We may update or modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the date on which it was most recently updated, on the Platform. We may give notice of such updates and modifications by any means, including without limitation, by posting a revised version of these Terms of Use on the Site, or providing other notice on the Platform (“Notice”). All Notices will be effectively immediately. You should view these Terms of Use often to stay informed of any changes that may affect you. Your continued use of the Platform and/or the Services thereafter signifies your acceptance to such changes.

The version of these Terms of Use posted on the Platform on each respective date you visit the Platform will be the Terms of Use applicable to your access and use of the Platform and Services on that date. Our electronically or otherwise properly stored copies of the Terms of Use shall be deemed to be the true, complete, valid, and authentic copy of the version of the Terms of Use that was in force on each respective date you visited the Platform. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue access to the Platform or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.

Ownership of the Platform and the Services and Access License; the “Content”

You understand and agree that Goodwill Berkshires owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the following (collectively the “Content”): the Platform and the Services, as well as any applications that Goodwill Berkshires uss, makes or may make available through the Platform and Services. Included within the definition of the Content is all brand standards manual, specifications, standards, operating procedures and rules for the operating and maintaining and marketing using licensed Goodwill® trademarks, logos, and trade names (“Marks”), information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, as well as the compilation, collection, design, selection, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.

You acknowledge that the Content, Platform, and Services are proprietary to Goodwill Berkshires and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the Content, Platform or the Services by accessing and using either.

Subject to these Terms of Use, Goodwill Berkshires grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Platform and the Services solely to benefit the local Goodwill organization that you have been authorized to operate under the Marks and subject to the condition that you do not (and do not allow any third party to) copy, record, reproduce, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Platform, the Services, or any other Content available via the Platform or the Services. All rights not expressly granted to you in these Terms of Use are reserved and retained by Goodwill Berkshires.

Confidentiality of the Content

You acknowledge that the Content is our confidential information and you acknowledge that any unauthorized use or disclosure of the Content would be an unfair method of competition and a breach of trust and confidence and will result in irreparable harm to us and other Goodwill members. All Content furnished to you (i) shall be deemed proprietary, (ii) shall be held by you in strict confidence, (iii) shall not be copied, disclosed or revealed to or shared with any person except as specifically allowed under separate terms within the Services, or to individuals or entities specifically authorized by us in advance, and (iv) shall not be used in connection with any other business or capacity.

Use of the Platform and Services

Goodwill Berkshires reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Platform, the Services, or any portion thereof, for any reason; (ii) modify or change the Platform, the Services, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the Platform, the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

You represent and agree that all information that you provide to Goodwill Berkshires in connection with your access to and use of the Platform and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.

Any use or attempted use of the Platform and/or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Platform or the Services; (iv) to gain unauthorized access to any other accounts, computer Platforms or networks connected to any server or Platforms through hacking, password mining or any other means; (v) to access Platforms, data or information not intended by Goodwill Berkshires to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Platform and the Services, you agree you will not:

upload or transmit any message, information, data, text, software or images, or other content that is known at the time of posting or later learned to be false, unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Goodwill Berkshires representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
use any of the Platform’s or Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g. flooding continuous posting of repetitive text);
upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
violate any applicable local, state, national or international law;
upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
delete or revise any material posted by any other person or entity, except that Goodwill Berkshires reserves the right to delete or revise any material posted by you that violates these Terms of Use;
probe, scan, test the vulnerability of or breach the authentication measures of, the Platform or any related networks or Platforms without the express prior written consent of Goodwill Berkshires;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
harvest or otherwise collect information about others, including e-mail addresses;
use any modified versions of the Platform or the Services, for any reason whatsoever, without the express prior written consent of Goodwill Berkshires;
attempt to gain any unauthorized access to the Platform, the Services or any of its associated Content, including computer Platforms, software, or networks; or
use any robot, spider, scraper, or other automated or manual means to access the Platform or the Services, or copy any Content or information thereon.

Goodwill Berkshires reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. Goodwill Berkshires may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Goodwill Berkshires reserves the right at all times to disclose any information as Goodwill Berkshires deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Goodwill Berkshire’s sole discretion. You also agree to reimburse Goodwill Berkshires for any damage, loss, cost or expense Goodwill Berkshires incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Platform or the Services for any unlawful or prohibited purpose.

Notice Regarding Copyright Agent

Goodwill Berkshires respects the intellectual property rights of others and requests that users of our Platform do the same. If you believe that any content on any of our Platform violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the applicable website, page, or Service containing the following:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Goodwill Berkshires to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation 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; and
A representation that the information in the notice 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.

Goodwill Industries of the Berkshires and Southern Vermont, Inc.
Attention: Legal Department
158 Tyler Street
Pittsfield, MA 01201 USA

Electronic Communications

When you use the Platform and/or Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platform and/or Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that any information, materials, software, or data that you submit to or through the Platform, or that you access, use, download, or otherwise obtain on or through the Platform, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. You represent and warrant that you won’t use the Platform and/or the Services in a way that violates any local, state, national, or international law or regulations.

Disclaimer of Warranties

The information and materials available through the Platform and the Services are for informational and educational purposes only. You acknowledge and agree that your use of the Platform and Services is at your own risk.

The information, software, CONTENT, SERVICES, or materials available from or provided on the Platform or via the Services, ARE provided “AS IS” and “AS AVAILABLE”, without warranties or guarantees of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.

Goodwill Berkshires AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE PLATFORM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE PLATFORM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE PLATFORM OR THE SERVICES. WE MAKE NO WARRANTY THAT THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. IF YOU ARE dissatisfied WITH THE PLATFORM OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORM OR THE SERVICES.

GOODWILL BERKSHIRES PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE PLATFORM AND THE SERVICES WITHOUT NOTICE. FURTHER, Goodwill Berkshires ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM OR THE SERVICES. Goodwill Berkshires SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE PLATFORM OR THE SERVICES.

INDEMNITY

You agree to indemnify Goodwill Berkshires, its current and former subsidiaries and its and their current and former respective officers, directors, owners (direct and indirect), employees, representatives, agents, successors and assigns (each, an “Indemnified Party”) for all damages any of those parties suffers and costs (including enforcement cost) any of the Indemnified Parties incurs relating in any manner to content, data, or information that you submit, post to, or transmit through the Platform or Services, your access to and use of the Platform and/or Services, your violation of these Terms of Use, your violation of any applicable law, regulation or code, or your violation of any rights of another. Each Indemnified Party may, in its discretion and at your expense, control the defense of any claim against it (including choosing and retaining its own legal counsel), agree to settlements of claims against it, and take any other remedial, corrective, or other actions in response to such claims. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Limitation of Liability

IN NO EVENT SHALL GOODWILL BERKSHIRES, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE PLATFORM AND/OR SERVICES; (B) THE SECURITY OF THE PLATFORM AND/OR THE SERVICES; (c) THE USE, COPYING, OR DISPLAY OF THE PLATFORM AND/OR THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM OVER THE INTERNET; (d) GOODWILL BERKSHIRE’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE SERVICES; (e) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE PLATFORM OR THE SERVICES, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SERVICES. UNDER NO CIRCUMSTANCES SHALL GOODWILL BERKSHIRES, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PLATFORM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF Goodwill Berkshires, EVEN IF Goodwill Berkshires WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF GOODWILL BERKSHIRES AND ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF GOODWILL BERKSHIRES, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE PLATFORM, OR THE SERVICES, Goodwill Berkshires AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

LINKS TO OTHER WEBSITES

For your convenience, certain hyperlinks may be provided on the Platform and Services that link to other websites or social media platforms which are not under the control of Goodwill Berkshires (the “Linked Websites”). Goodwill Berkshires does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Goodwill Berkshires disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Goodwill Berkshires arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Platform and Services do not imply that: (a) Goodwill Berkshires is affiliated or associated with any Linked Website; (b) Goodwill Berkshires is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Website is authorized to use any trademark, trade name, logo, or copyright symbol of Goodwill Berkshires.

Links to the Platform

Neither you nor any other website may link to the Platform. It is expressly prohibited to: (a) link to any page of the Platform; (b) “frame” the Platform or otherwise cause the Platform to appear in a window with any other material that does not constitute Content; (c) cause any hyperlink to the Platform, to be displayed in any way that is disparaging to Goodwill Berkshires or any entity that is affiliated or associated with Goodwill Berkshires; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Goodwill Berkshires and any other entity. You agree that you will promptly remove any hyperlink to the Platform upon the written request of Goodwill Berkshires. In no event will you use any Marks of Goodwill Berkshires as a hyperlink “button”, or in any other manner not specifically permitted under your license, without Goodwill Berkshires’s express prior written consent.

DISCLAIMER OF THIRD PARTY INFORMATION

To the extent that any information, material, or functionality on the Platform and Services is provided by third party content providers (“Third Party Materials”), Goodwill Berkshires has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Goodwill Berkshires does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Goodwill Berkshires.

GENERAL

These Terms of Use and any applicable terms within provided applications Goodwill Berkshires makes available through the Platform or Services (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Platform and the Services. To the extent of a conflict between these Terms of Use and any application terms, the application terms will govern your use of the application and these Terms of Use will supplement the application terms. You agree that you shall not contest the admissibility or enforceability of Goodwill Berkshires’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Goodwill Berkshires. Goodwill Berkshires may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Goodwill Berkshires. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all applicable laws and regulations of the jurisdiction from which you are accessing the Platform and using the Services and any other jurisdiction whose laws and regulations apply to you or your actions. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Goodwill Berkshires shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. Neither these Terms of Use, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between Goodwill Berkshires and you. You may not enter into any contract on our behalf or bind us in any way.

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

GOVERNING LAW AND DISPUTES

Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. §§ 1051 et seq.), these Terms of Use are governed by, and must be construed and enforced in accordance with, the internal laws of the State of Maryland, without regard to its conflict-of-laws principles. Any claims, controversies, disputes or actions must be brought in the federal court nearest to our or, as applicable, our successor’s or assign’s then current principal place of business; provided, that, if the federal court lacks jurisdiction, then such claims, controversies, disputes or actions must be brought in the state court nearest to our or, as applicable, our successor’s or assign’s then current principal place of business, unless otherwise mutually agreed by the parties. You irrevocably submit to the jurisdiction of such courts and waive any objection you might have to either the jurisdiction of or venue in such courts. However, with respect to any action for injunctive relief, the parties may bring such action in any court of competent jurisdiction.

Except for your obligations to indemnify us for third-party claims under the Indemnity section above, we and you (and your owners) waive to the fullest extent permitted by law any right to or claim for any punitive or exemplary damages against the other and agree that, in the event of a dispute between us and you, the party making a claim will be limited to equitable relief and to recovery of any actual damages it sustains.

YOU WILLINGLY WAIVE THE RIGHT TO A TRIAL BY JURY OF ANY AND ALL CLAIMS MADE WHETHER NOW EXISTING OR ARISING IN THE FUTURE WHETHER ARISING FROM OR RELATED TO THESE TERMS OF USE.

The parties agree that claims of any other party or parties shall not be joined with any claims asserted in any action or proceeding between you and us. No previous course of dealing shall be admissible to explain, modify, or contradict the terms of these Terms of Use. No implied covenant of good faith and fair dealing shall be used to alter the express terms of these Terms of Use.

CONTACT US

We welcome any comments or questions you may have regarding these Terms of Use, the Platform, and/or the Services. Please contact us with your comments or questions by mail at: Goodwill Industries of the Berkshires and Southern Vermont, Attention Legal Department, 158 Tyler Street, Pittsfield MA 01201 USA.