USING THIS WEBSITE OR ANY CONTENT OR SERVICES PROVIDED TO YOU ON OR THROUGH THE
The GoodTemps Network Division of Goodwill Industries of Greater New York
and Northern New Jersey, Inc. (“GoodTemps”)
is the provider of the GOODTEMPS Website. By using or visiting the GOODTEMPS
Website or accessing or downloading any Content, or services provided to you
on, from, or through the GOODTEMPS Website (collectively the
"Service"), you hereby agree to be legally bound by these Terms of
Use. If you do not agree to any of these terms, please do not use the Service.
Use of the Service is expressly subject to your agreement and compliance with
GOODTEMPS software, associated services, and portal access are subject to
the terms and conditions of the current GOODTEMPS software license agreement
or right to any GOODTEMPS software, associated services, or portal.
was accessed. Although we may attempt to notify you when major changes are made
version at www.GoodTemps.org. GOODTEMPS
reserves that right to, and may, in its sole discretion, modify or revise these
become effective immediately upon the posting thereof, and your continued use
of the Service following the posting of such modifications or revisions will
third-party rights or benefits.
Date of Last Modification: March 16, 2015
means the documents, files, images, animation, multi-media content, sound
samples, sound files or sound media, video samples, video files or video media,
interactive content, data, scripts, utilities, features, tools, diagrams,
pictures, text, links, information, and other content or materials of any kind
you may view on, access through, or contribute to the Service.
The Service may contain links to third party Websites or resources that are
not owned or controlled by GOODTEMPS. GOODTEMPS does not endorse, has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any such third party Websites or resources. By using the
Service, you expressly relieve GOODTEMPS from any and all liability arising
from your use of any third party Website or resource. Any concerns regarding
any third party Website or resource should be directed to its respective
administrator, system operator, or webmaster.
For a downloadable version of the GOODTEMPS Pricing and Technical Support Guide,
3. GOODTEMPS Accounts
In order to access some features of the Service, GOODTEMPS will initially
create an account for you. Contact GOODTEMPS for your user name and password.
Should your account become inactive, GOODTEMPS has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You agree to notify
GOODTEMPS immediately of any breach of security or unauthorized use of your
account. Under no circumstances may you use another user’s account without
4. General Use of the Service – Permissions and Restrictions
GOODTEMPS hereby grants you permission to access and use the Service only
You may not distribute in any form any part of the
Service or the Content without GOODTEMPS’ prior written authorization.
You may not use or launch any automated system,
including without limitation, "robots," "spiders," or
"offline readers," that accesses the Service in a manner that
sends more request messages to the GOODTEMPS servers in a given period of
time than a human can reasonably produce in the same period by using a
conventional on-line web browser.
You agree not to upload viruses or other malicious
code, interrupt or attempt to interrupt the operation of the Service in
any way, circumvent or attempt to circumvent any security feature of the
Service, misuse or spoof any domain names associated with Service,
redirect messages and communications to other sites, or do anything that
might impair the functionality of the Service.
You acknowledge and agree that GOODTEMPS may access, preserve and disclose
your account information and Content if required to do so by law, or in a good
faith belief that such access, preservation or disclosure is reasonably
(iii) respond to your requests for customer service; or (iv) protect the
rights, property or personal safety of GOODTEMPS, users and the public.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions
and conditions apply specifically to your use of Content:
The Content, and the trademarks, service marks and
logos ("Marks") on the Service, are owned by or licensed to
GOODTEMPS, subject to copyright and other intellectual property rights
under the law. You may not display or use the Marks in any manner without
shall be construed to grant any license or right to use any of the Marks
without the prior written consent of GOODTEMPS or the respective owner or
All third-party trademarks are the property of their
respective owners. Use of any third-party trademark or Content on the
Service does not constitute or imply affiliation with or endorsement of GOODTEMPS
by these third parties. Nothing in the Agreement grants you any license to
third-party trademarks or Content.
Content is provided to you AS IS. You may access
Content for your information and personal use solely as intended through
the provided functionality of the Service and as permitted under these
otherwise use any Content except as explicitly authorized by GOODTEMPS or
the respective licensors of the Content. GOODTEMPS and all other licensors
of Content reserve all rights not expressly granted in and to the Service
and the Content.
You may not circumvent, disable or otherwise interfere
with security-related features of the Service, or any features that
prevent or restrict use or copying of any Content or enforce limitations
on use of the Service or the Content therein.
GOODTEMPS is not responsible for the accuracy,
propriety, usefulness, safety, or intellectual property rights of or
relating to Content. You agree that GOODTEMPS is not responsible or
liable, directly or indirectly, for any damage or loss caused by or
alleged to be caused by your reliance on any Content, and you hereby waive
any legal or equitable rights or remedies you have or may have against
GOODTEMPS with respect thereto. Content regarding GOODTEMPS software,
associated services, or portal access is provided as a courtesy only and
GOODTEMPS makes no representation or warranty by presentation of such
6. Account Termination
GOODTEMPS may terminate a user's access to the Service, in whole or in part,
at any time, and for any reason, including without limitation if, in GOODTEMPS’
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, GOODTEMPS, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF. GOODTEMPS MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF
ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. GOODTEMPS DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY
BANNER, EMBEDDED VIDEO, OR OTHER ADVERTISING, AND GOODTEMPS WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL GOODTEMPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
GOODTEMPS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by GOODTEMPS from its facilities in
the United States of America. GOODTEMPS makes no representations that the
Service is appropriate or available for use in other locations. Those who
access or use the Service from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify
and hold harmless GOODTEMPS, its affiliates, officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Service; (ii) your
third party right, including without limitation any copyright, property, or
privacy right. This defense and indemnification obligation will survive these
You affirm that you have reached the age of majority or greater and are
fully able and competent to enter into the terms, conditions, obligations,
be transferred or assigned by you. You acknowledge and agree, however, that
GOODTEMPS’ rights and obligations hereunder may be transferred or assigned by
GOODTEMPS without restriction.
The Service shall be deemed solely based in New York, and shall be deemed a
passive Website that does not give rise to personal jurisdiction over
GOODTEMPS, either specific or general, in jurisdictions other than New York.
of New York, without respect to its conflict of laws principles. Any claim or
dispute between you and GOODTEMPS that arises in whole or in part from the
Service shall be decided exclusively in the courts of the State of New York,
City of New York, or if the party bringing suit can acquire jurisdiction, in
the United States District Court for the Eastern District of New York, Brooklyn
Division, and you consent to the exclusive jurisdiction of such courts (and of
the appropriate appellate courts) in any such action or proceeding and
irrevocably waive any objection to venue.
GOODTEMPS on the Service, shall constitute the entire agreement between you and
GOODTEMPS concerning the Service.
competent jurisdiction, the invalidity of such provision shall not affect the
in full force and effect.
or continuing waiver of such term or any other term, and GOODTEMPS’ failure to
waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO
THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.