Goodness500, Inc. (“Goodness500”) maintains this website (the “Website”) as a service to its customers and potential customers.
By using the Website, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Website. Use of the Website is limited to those individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, the Website is not to be accessed or used by individuals who are less than 13 years old.
As a user of the Website, you represent and warrant to Goodness500 that you are of legal age to form a binding contract, and in any event are not less than 13 years old, and your use of the Website is not prohibited by law. Goodness500 reserves the right to suspend or terminate your access to this Website, in the event that you breach any term of this Agreement.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Website, including any Submissions (as defined below) (collectively, the “Site Content”) are proprietary to us or to third parties. All software used on the Website is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
Goodness500 is pleased to hear from you and welcomes your comments regarding the Website and Site Content. In the event that you submit ideas, suggestions, materials or other information to Goodness500 whether at the request of Goodness500 or not (all of the foregoing being “Submissions”), the Submissions will be deemed, and will remain, the sole property of Goodness500. None of the Submissions will be subject to any obligation of confidence on the part of Goodness500, and Goodness500 and Goodness500 Affiliates (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Goodness500 will exclusively own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of the them irrevocably and unconditionally waives and covenants not to assert any of such rights Goodness500 or its affiliates, successors, assigns, licensees, partners, and customers (collectively, “Goodness500 Affiliates”), as well as any users of the Website.
Goodness500 authorizes you to view, download, print, copy and use the Site Content subject to the following conditions: you may only download, print, copy and use the Site Content in limited quantities as reasonably required to evaluate whether the goods and services displayed on the Website are appropriate for your intended use; you many not modify the Site Content; any displays or print outs of the Site Content must be marked “© Goodness500, Inc. 2008. All rights reserved.”; and you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Goodness500.
You agree, and represent and warrant, that your use of the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
Certain locations on the Website offer opportunities for sharing information and ideas with others (the “Interactive Features”). Goodness500 does not edit or control the information or materials posted to or distributed through the Interactive Features by parties other than Goodness500 itself (the “Interactive Content”), and will not be in any way responsible or liable for Interactive Content, or any loss or damage that any person may suffer as a result of using Interactive Features. All users use the Interactive Features at their own risk. Users should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world.
No user of any Interactive Feature shall:
(a) Use an Interactive Feature for any purpose in violation of local, state, national or international laws;
(b) Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any Interactive Content;
(c) Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
(d) Post any material more than once or “spam”; or
(e) Engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature, Interactive Content, or the Website, or which, in Goodness500’s sole judgment, exposes Goodness500 or any Goodness500 Affiliate to any liability or detriment of any type.
No user of this Website shall submit, upload to, distribute through or otherwise post to the Website (including any Interactive Feature) any material that:
(a) Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
(b) Contains any advertising, promotional, solicitation or other commercial material;
(c) Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
(d) Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
(e) Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
(f) Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Goodness500 reserves the right (but is not obligated) to do any or all of the following:
(l) record Interactive Content;
(m) Investigate an allegation that Interactive Content or Registration Information does not conform to the terms and conditions of this Agreement;
(n) remove Interactive Content or Registration Information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
(o) monitor, edit or disclose any Interactive Content or Registration Information; or
(p) edit or delete any Interactive Content or Registration Information, regardless of whether such content violates any terms and conditions of this Agreement. Goodness500 and Goodness500 Affiliates have no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
The Website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Goodness500. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Goodness500 and Goodness500 Affiliates make no representations or warranties of any kind regarding the Website and the Site Content. The Website and Site Content are provided in “AS IS” condition, and Goodness500 and Goodness500 Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Goodness500, a Goodness500 Affiliate or through the Website or Site Content will create any warranty not expressly stated herein.
YOU USE THE WEBSITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER Goodness500 NOR ANY Goodness500 AFFILIATE WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM Goodness500 OR A Goodness500 AFFILIATE ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF Goodness500 OR A Goodness500 AFFILIATE HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Goodness500 complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address:
Michael Mossoba
Goodness500, Inc.
9708 Locust Hill Drive
Great Falls, VA 22066
Telephone: 703.899.3244
Email: legal@goodness500.org
Any notice alleging that materials on this Website infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Website;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You and Goodness500 agree that all matters arising from or relating to the use and operation of the Website will be governed by the substantive laws of the Commonwealth of Virginia, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Website will be heard and resolved in the federal and state courts located in Alexandria, Virginia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to gain access to the Website from locations other than Virginia, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Website or Site Content in violation of U.S. export laws or regulations.
No delay or omission by Goodness500 in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Goodness500 of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Goodness500 regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Effective Date of Terms: January 1, 2009.