Terms of Use

Last Updated / Effective Date: April 2014

Summary

Welcome to the Gooddler.com website (the “Gooddler Website”) operated by Gooddler Corporation (“Gooddler,” “we”, or “us”). By using the Gooddler Website, you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by Gooddler from time to time by posting from a link on the Gooddler Website. You agree to be bound by such revised terms as they may be posted from to time and that you are 13 years of age or older. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the Gooddler Website.

Who We Are Gooddler corporation

Gooddler is a business that has a very strong social goal in its foundation, to empower technology to make donating goods online easy and effective. Our platform supports organizations that depend heavily on support of donors to obtain everyday necessities by allowing donors to directly contribute specific goods to meet the needs of organizations of their choice.

Eligibility and Registration

If you choose to create an account with us and become a member, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public.

You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing support@gooddler.com.

If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter at any time by clicking the unsubscribe link on the newsletter email.

This site is intended solely for individuals 13 years of age or older. Any use or access of the site from users under 13 is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the Gooddler Website.

Activities on Gooddler Registering Donee and Administrative Access

Gooddler has a right to create pages for authorized donees and may help with a process of creating wish lists. We are not obligated to monitor the process and will offer transfer of Administrative Assess when we see fit. By claiming Administrative Access for a Registered Donee, you agree that:

  • You have authority to represent the Registered Donee.
  • You will provide true, accurate, and complete information through the Gooddler Website.
  • You are solely liable and responsible for all actions taken via your user account.

Acceptable Promotion of Donee Wish lists

You may promote wish lists that are created, sponsored, or approved by a Registered Donee on your Gooddler Page. For instance, you may ask your friends to purchase items from the Registered Charity’s wish list, through your Gooddler Page.

Shopping on Gooddler Tax-Deductible Contributions to Charitable Causes

Purchases made on the Gooddler Website in support of Registered Donees, Projects of Registered Donees, are final and are not refundable.

Purchases made from the Registered Donee wish list are generally shipped when a requested quantity of the item is satisfied, or when the wishlist is complete.

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may make purchases on Gooddler Website. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. Gooddler may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Gooddler Website, for the authorized credit card holder to utilize in order to purchase goods.

No Goods and Services in Exchange for Donation of Goods to Charitable Causes

Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for purchasing goods.

Donor Information

Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause on the Gooddler Website, you grant us permission to access your donation records at any time and to use the information you provide to process your purchase . Gooddler will make available to the Registered Donee reports identifying, where available, your name, address, email, and transaction accounting details.

If you are a Registered Donee Admin, donor information will be shared with you via a report accessible on your Registered Donee Page on the Gooddler Website.

Gooddler Reporting

You may request in writing a report from Gooddler of aggregate contributions received over the course of the calendar year within 10 business days after Gooddler receives the request. This information is also available online to all Registered Donees.

Conduct and Content on Gooddler Website Content and Intellectual Property Website Content

The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Gooddler Website and all Tools, and that is used by Gooddler in conjunction with the services they are providing (other than User Content), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Gooddler Website (collectively, "Website Content"), are owned by Gooddler or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Gooddler or its licensors.

Gooddler’s Trademarks

Gooddler grants you a limited, non-exclusive, royalty-free license to use the trademark “Gooddler®” solely on your Gooddler Page for purposes of promoting of your Donee through the Gooddler Website. Gooddler reserves the right to monitor your use of its trademark “Gooddler®” and to require that you use it in conjunction with its quality control criteria or standards. Gooddler reserves the right to refuse or revoke permission to use the “Gooddler®” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in Gooddler’s sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or tarnishment of Gooddler’s reputation or goodwill. You may not incorporate any Gooddler trademark within any trademark, trade name, or domain name created by you.

Registered Donee Content

The Gooddler Website allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Donee Content”). Gooddler permits you to use the Gooddler Website, the Tools, and the services provided by Gooddler subject to your acknowledging and agreeing to the following conditions:

  • In creating and maintaining a Donee Page on the Website, you grant a limited, non-exclusive, royalty-free license to Gooddler to display the Registered Donee Content that you upload on the Page for the exclusive purpose of promoting you and soliciting donors’ support on the Website. You further grant to Gooddler the right to sublicense the Registered Donee Content to volunteer fundraisers solely for the limited purpose of using the Registered Donee Content to highlight the Registered Donee on the Page, including the right to access, display, view, store, and/or download the Registered Donee Content, and post or forward the Registered Donee Content to others. You represent and warrant that you have the necessary rights to grant the foregoing permissions to Gooddler. The foregoing license does not provide Gooddler any rights to sell or license any Registered Donee Content therein to any other third parties, use the Registered Donee Content for any other media, and/or use the Registered Donee Content for advertising and promotion of Gooddler.
  • Registered Donee Content posted by you and other users of the Gooddler Website does not necessarily reflect the views of Gooddler.
  • Gooddler may, but is not obligated to, remove with or without prior notice to you any Registered Donee Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. Gooddler’s failure to block or remove any Registered Donee Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Donee Content.
  • The posting of Registered Donee Content on a Page is solely the responsibility of each Registered Donee’s Administrator and/or Volunteer Fundraiser. Gooddler doesn’t assume responsibility for the accuracy of any information, ideas or opinions posted by you or other users of the Gooddler Website and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
  • You have sole responsibility for your Registered Donee Content and the consequences of posting Registered Donee Content to the Gooddler Website.
  • You represent and warrant that your Registered Donee Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.

Trademarks Registered Donee License to Gooddler

In creating and maintaining a Donee Page on the Gooddler Website, you agree to grant for up to 45 days following termination a limited, non-exclusive, royalty-free license to Gooddler to display the trademarks, trade names, and logos (“Registered Charity Trademarks”) that you upload on the Page for the exclusive purpose of highlighting your work.

Gooddler’s License to You

Gooddler grants you a limited, non-exclusive, royalty-free license to display the trademark Gooddler® solely on your Page for purposes of soliciting donations/purchases through the Gooddler Website. You acknowledge the ownership of the Gooddler Trademark by Gooddler, and all use of the Gooddler Trademark by you inures to the benefit of Gooddler. You may not incorporate any Gooddler Trademark within any trademark, trade name, or domain name created by you.

Appropriate User Conduct

You may not use the services provided by Gooddler for any illegal or unauthorized purpose. While using the Gooddler Website, you must comply with all applicable domestic and international laws, statues, ordinances, and regulations.

Appropriate User Content

The Gooddler Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Gooddler permits you to use the Gooddler Website, the Tools, and the services provided by Gooddler subject to your acknowledging and agreeing to the following conditions:

User Content posted by yourself and other users of the Gooddler Website does not necessarily reflect our views.

We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.

The posting of User Content on the Pages of Gooddler is solely the responsibility of each user. Gooddler does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.

You have sole responsibility for your User Content and the consequences of posting User Content to the Gooddler Website. You bear sole responsibility for the consequences of posting User Content.

You agree that the User Content will accurately describe the collection and intended use of goods purchased via the Gooddler Website.

You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Donee on the Gooddler Website You agree not to:

  • not to upload to, post, share, or otherwise publish through the Gooddler Website any content that is commercial in nature, including but not limited to promotional material, advertising;
  • operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
  • upload, post or distribute any User Content which, in Gooddler's sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;

You agree not to engage in any conduct that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters;
  • encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including Gooddler, or its employees and agents;
  • violates these Terms or any other policy posted on the Gooddler Website; or
  • interferes with others’ use of the Gooddler Website or the services provided by Gooddler

By posting, uploading or otherwise sharing your User Content on the Gooddler Website, you:

  • grant to Gooddler a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the Gooddler Website, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;
  • permit, but not require, Gooddler to identify you as the provider of such User Content;
  • represent and warrant that you have all necessary rights to grant the foregoing permissions; and
  • grant to Gooddle and other users of the Gooddler Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.

You agree that Gooddler has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Gooddler Website.

You also agree not to upload, distribute, or otherwise publish any User Content to or through the gooddler Website that:

  • contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer;
  • uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Gooddler Website;
  • constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertising, or the like;
  • promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters

Additional Legal Provisions Disclaimer of Warranties

  • The Gooddler Website and Tools are provided to you "as is" without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Gooddler Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Gooddler hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Gooddler is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Liability Limitation

  • Your use of the services provided by Gooddler is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by Gooddler, or the Gooddler Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Hold Harmless and Indemnity

  • Your use of the services provided by Gooddler is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by Gooddler, or the Gooddler Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Links to Other Websites and Content

  • We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Gooddler Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.

Changes to Services, Website, and the Terms of Use

  • We reserve the right to modify or terminate the services you are receiving from Gooddler or the Gooddler Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Gooddler Website. When you first register a user account through the Gooddler Website, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Gooddler Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.

Notices

  • Gooddler may provide you with notices regarding the services provided by Gooddler and the Gooddler Website, or these Terms by regular mail, email, or postings to the Gooddler Website.

International Use

  • The Gooddler Website is controlled and operated from within the United States. Gooddler makes no representation that the Gooddler Website is appropriate or available in locations outside the United States. Those who choose to access the Gooddler Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

Term and Termination

  • These Terms apply to your use of the services provided by Gooddler and the Gooddler Website at all times. Gooddler reserves the right to change the Gooddler Website without notice to you, at any time. You may terminate under these Terms at any time by deleting your Page or by emailing support@gooddler.com, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Gooddler Website immediately ceases.
  • Gooddler reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the Gooddler Website and/or remove any registration information or User Content from the Gooddler Website, for any reason (including if you breach of any of the provisions of these Terms of Use). Gooddler also reserves the right to change the Gooddler Website without notice to you, at any time.

Consequences of Termination for Registered Charities

  • Within four (4) weeks after termination of these Terms of Use, Gooddler will cease promoting purchases to you; remove your Page(s) and all information relating to you from the Gooddler Website; provide a final account statement; and forward any remaining goods to a charity of our choice.

Miscellaneous

  • These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
  • You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Goddler’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
  • The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
  • The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
  • Gooddler may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.

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