ThePowerOfGoodwill.com Terms of Use

Thank you for visiting the The Power of Goodwill, LLC Web site titled, ThePowerOfGoodwill.com (the “Site”). In return for gaining access to the Site and using it, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site. The Power of Goodwill, LLC reserves the right to change this Agreement and to make changes to any of the products or programs described in the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the Site to review the then current Agreement that binds you. The Power of Goodwill, LLC also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.

Intellectual property notifications

Unless otherwise noted, all information, account information, articles, data, images, Personal Identification Numbers (“PINs”), screens, text, Web pages, or other materials (collectively “Content”) appearing on the Site are the exclusive property of The Power of Goodwill, LLC, or their subsidiaries and affiliates:

  1. All information, products, services and software contained on or used in the Site (“Content”) is Copyright 2007 by The Power of Goodwill, LLC. All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by, The Power of Goodwill, LLC unless otherwise noted.
  2. The trademarks, logos, service marks, and trade dress (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of The Power of Goodwill, LLC or others.
  3. Images of people, objects, or places displayed on the Site are either the property of, or used with permission by The Power of Goodwill, LLC
  4. The Power of Goodwill, LLC owns or uses by permission all software contained on the Site, including without limitation all HTML code and Active X controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. The Power of Goodwill, LLC will seek and support prosecuting violators to the maximum extent possible.
  5. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.

Your representations and warranties

By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.

Your indemnity obligation

You agree to indemnify, defend, and hold harmless The Power of Goodwill, LLC and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants’ fees and disbursements) and costs (collectively, “Claims”), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.

Limitations on your use

The Power of Goodwill, LLC provides the Site solely to permit you to determine the availability of goods and services offered on the Site and to take the The Power of Goodwill, LLC Survey, and for no other purposes. The Site is for your non-commercial use. You agree that you will use the Site’s services only to assess your organization’s current level of goodwill, doing so legally and under the terms of this Agreement. Your account information is owned by and proprietary to The Power of Goodwill, LLC. While you may access your account information through the Site, you may not give access to your account to any person or entity other than a member of your household or a person that you directly supervise as part of your career or employment. You agree that you will not misuse the Site. “Misuse” includes, but is not limited to, using the Site to do any of the following:

  1. Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance.
  2. Abuse, defame, harass, stalk, threaten, or otherwise violate others’ legal rights, including but not limited to rights of privacy and publicity.
  3. Download or upload files that may damage the operation of another’s computer, such as computer viruses, corrupt files, or similar software.
  4. Download or upload files that contain materials, including but not limited to software that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights.
  5. Misrepresent or omit the origin or source of any file you download or upload.
  6. Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.
  7. Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.

The Power of Goodwill, LLC forbids such misuses, and access of the Site for any such misuses or other similar purposes is an unauthorized use of the Site.

No warranty by The Power of Goodwill, LLC

The Content may contain inaccuracies and/or typographical errors. The Power of Goodwill, LLC may alter, change or improve the Content at any time and without notice. The Power of Goodwill, LLC makes no representations or warranties as to the Content’s completeness or accuracy, and makes no commitment to update the Content. The Power of Goodwill, LLC makes no representations about the Content’s suitability for any purpose. YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL POWER OF GOODWILL OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER POWER OF GOODWILL WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. The Power of Goodwill, LLC neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. The Power of Goodwill, LLC shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site.

Links to other sites and to the Site

The Site may provide hyperlinks or references to other sites. While The Power of Goodwill, LLC endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. The Power of Goodwill, LLC provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties. The Power of Goodwill, LLC specifically denies you permission to hyperlink or provide references to the Site, unless you are allowed to do so under a separate written agreement with The Power of Goodwill, LLC. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement with The Power of Goodwill, LLC. The Power of Goodwill, LLC bears no responsibility for sites that provide hyperlinks or references to the Site unless those sites are operated by The Power of Goodwill, LLC.

Your communication with us

The Power of Goodwill, LLC will not treat as confidential any communications you send to us by electronic mail or otherwise. The Power of Goodwill, LLC has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose. The Power of Goodwill, LLC does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. The Power of Goodwill, LLC therefore requests that you not send such proposals. Please also refrain from sending original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. The Power of Goodwill, LLC has adopted this policy to prevent claims that we have copied such unsolicited ideas without authorization, when, in fact, we developed the idea independent of or even long before receiving the unsolicited proposal. If you do send us unsolicited proposals, then do so with the understanding that The Power of Goodwill, LLC may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services. The Power of Goodwill, LLC may do so free of any obligation to compensate you for that use.

Forum for actions, governing law, and procedural restrictions

You agree that this Agreement is made and entered into in Jackson County, Missouri. You agree that Missouri law governs this Agreement’s interpretation and/or any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Jackson County, Missouri. You agree and understand that you will not bring against The Power of Goodwill, LLC or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.

Other terms

This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern. Any failure of The Power of Goodwill, LLC to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.