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Please read the following
terms and conditions of use carefully before using this web site.
All users of this site agree that access to and use of this site
are subject to the following Terms and Conditions, our Privacy Policy
and applicable law. If you do not agree to any of the foregoing,
you may not use this site. We suggest you print a copy of this document
for your records.
APPLICATION
These Terms and Conditions are applicable to you upon your access
or use of any area of or content on this site. These Terms and Conditions
may be modified or terminated by Goodwill without prior notice to
you at any time for any reason. Any such modification or termination
will be effective immediately following the posting or removal of
such terms of conditions from this site. You agree to review these
Terms and Conditions from time to time and agree that any subsequent
use by you of this site following changes or termination to any
or the terms or conditions shall constitute your acceptance of all
such changes or termination. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification
and Miscellaneous, shall survive any termination. These Terms and
Conditions were last modified on April 1, 2006.
COPYRIGHT
The entire content included in this site, including but not limited
to text, graphics or code is the copyrighted property of Goodwill
or its licensors and is protected by international copyright
law. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download
or print portions of the material from the different areas of the
site solely for your own non-commercial use. Any other use, including
but not limited to the reproduction, distribution, transmission,
resale, lease, public display or performance of the content of this
site is strictly prohibited. You further agree not to change or
delete any proprietary notices from materials downloaded from this
site. All rights not expressly granted to you are reserved by Goodwill.
TRADEMARKS
All trademarks, service marks and trade names of
Goodwill used herein (including but not limited to the Goodwill
name, the colour pages design, are trademarks or registered
trademarks of Goodwill, Inc.
DISCLAIMER
This site and the materials and products in this site are provided
for informational purposes only on an “as is” and without
warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, Goodwill disclaims
all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Goodwill does not represent or warrant
that the functions contained in the site will be uninterrupted or
error-free, that defects will be corrected, or that this site or
the server that makes the site available are free of viruses or
other harmful components. Goodwill does not make any warranties
of representations regarding the use of the materials in this site
(including suggested pricing of Goodwill products and services,
if any) in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise.
LIMITATION OF LIABILITY
Goodwill shall not be liable for any direct, special or consequential
damages that result from the use of, or the inability to use, the
materials on this site, even if Goodwill has been advised of the
possibility of such damages.
NOTICE
Goodwill may deliver notice to you by means of electronic
mail, a general notice on the site, or by written communication
delivered by mail to your address on record in Goodwill 's account
information .
CONFIDENTIALITY & INTERNET TRANSMISSIONS
The transmission of data or information (including communications
by e-mail) over the Internet or other publicly accessible networks
is not secure, and is subject to possible loss, interception or
alteration while in transit. Accordingly, Goodwill does not assume
any liability for any damage you may experience or costs you may
incur as a result of any transmissions over the Internet or other
publicly accessible networks, such as transmissions involving the
exchange of e-mail with us (including those which may contain your
personal information). While Goodwill shall take commercially reasonable
efforts to safeguard the privacy of the information you provide
to Goodwill and treat such information in accordance with its Privacy
Policy, in no event will the information you provide to Goodwill
be deemed to be confidential, create any fiduciary obligations to
you on the part of Goodwill, or result in any liability to you on
the part of Goodwill in the event that such information is inadvertently
released by Goodwill or accessed by third parties without Goodwill
's consent.
MISCELLANEOUS
These Terms and Conditions and your use of this site shall be governed
by and construed in accordance with the laws of the Province of
Ontario and the laws of Canada applicable therein, without regard
to conflict of laws provisions thereof. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising
out of or relating to this site shall be in the federal and provincial
courts located in Toronto, Ontario. Any cause of action or claim
you may have with respect to this site must be commenced within
one (1) year after the claim or cause of action arises. Goodwill's
failure to insist upon or enforce strict performance of any provision
of these Terms and Conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these
Terms and Conditions. Goodwill may assign its rights and duties
under this Agreement to any party at any time without notice to
you.
USE OF SITE
Harassment in any manner or form on this site, including via e-mail
and chat or by obscene or abusive language is strictly forbidden.
Impersonation of others, including a Goodwill or other licensed
employee, host, or representative as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute
or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site
to solicit others to join or become members of any other commercial
online service or other organization. You may not disrupt, place
unreasonable burdens or excessive loads on, interfere with or attempt
to gain unauthorized access to any portion of this site, its computer
systems, servers or networks. You further agree that by uploading,
posting or otherwise transmitting through or to this site any content,
you grant to Goodwill, its successors and assigns, a non-exclusive,
world-wide, royalty free, perpetual, non-revocable license to use
or distribute such content in any manner otherwise than as stated
in Goodwill's Privacy Policy.
PARTICIPATION DISCLAIMER
Goodwill does not and cannot review all communications and materials
posted to or created by users accessing the site and are not in
any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability
to view and distribute user generated content on the site, Goodwill
is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents
or activities on the site. However, Goodwill reserves the right
to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Goodwill at its sole discretion and without liability
or prior notice to you.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Goodwill and its
affiliates, and their officers, directors, employees, agents, licensors
and suppliers (collectively the "Service Providers") from
and against all losses, expenses, damages and costs, including reasonable
legal fees, resulting from any violation of these Terms and Conditions
or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the site
using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Goodwill
may choose various third-party web sites to link to from its own
site. However, even if the third party is affiliated with Goodwill,
Goodwill has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Goodwill.
Goodwill has no responsibility or liability for these independent
policies or actions and is not responsible for the privacy practices
or the content of such web sites, whether or not Goodwill has been
advised of such privacy practices or content by you or any other
party. These linked sites are only for your convenience and therefore
you access them at your own risk. Nonetheless, Goodwill seeks to
protect the integrity of its web site and the links placed upon
it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link
does not work) and may take any such actions as Goodwill deems necessary
in its sole discretion.
CONTACT
If you have any questions about this site or these Terms and Conditions,
please feel free to contact Goodwill at:
Goodwill Industries of Toronto
365 Bloor St. E., Suite 1400
Toronto, ON M4W 3L4
Tel: 416-362-4711
Fax: 416-362-0720
TTY: 416-815-4791
E-mail: info@goodwill.on.ca
Website: www.goodwill.on.ca
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