Last Updated: August 27, 2023
Effective Date: August 27, 2023
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR OTHERWISE AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
Goodwill of Central and Northern Arizona (“GCNA”, “we,” “us,” or “our”), a successor by merger of Goodwill Industries of Monocacy Valley, is a 501(c)(3) nonprofit organization committed to ending poverty through the power of work. These Terms of Use (the “Terms”, or the “Agreement”) apply to your access to and use of any websites and other online or mobile services, properties, software or applications that are owned or operated by GCNA, or its affiliates or subsidiaries, and that link to these Terms (collectively, the “Site”).
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION OR MASS ARBITRATION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THE SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SITE. CONTINUED ACCESS AND USE OF THE SITE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS THERETO.
We are committed to making the Site accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature or functionality of the Site, please contact us.
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As between you and GCNA, all right, title and interest in and to the Site, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement is referred to herein as “GCNA Content”, and is and will remain the exclusive property of GCNA and its licensors. GCNA Content is protected by intellectual property rights both in the United States and internationally.
Your use of the Site under these Terms does not give you additional rights in the Site or ownership of any intellectual property rights associated with the Site, including, but not limited to, any rights to use our trademarks, logos, domain names, and other distinctive brand features. Subject to your compliance with and the limitations set forth in these Terms, GCNA grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Site to fulfill your personal, non-commercial purposes.
We reserve the following rights with respect to our operation of the Site:
You are responsible for any information, text, images, videos, files or other materials or content that you upload or send to us, or transmit through the Site, including but in no way limited to Application Materials submitted through the Application Features (as defined below) (collectively, “User Content”). You agree, represent and warrant that any User Content you post on the Site or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary, (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License: By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; and (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works). Notwithstanding the foregoing, please note that any personally identifiable information you submit to us will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.
While using our Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. In addition, we expect users of the Site to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
In addition to other obligations outlined in these Terms, you acknowledge that you will not use the Site for commercial purposes or promotional purposes.
Linking. You are granted a limited, non-exclusive right to create text hyperlinks to the Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. We may revoke these permissions at any time.
Any information, statements, opinions or other information provided by third parties and made available on the Site are those of the applicable author(s) and not us. We do not endorse, or guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party content on the Site. ANY CONTENT PROVIDED THROUGH THE SITE IS FOR EDUCATIONAL PURPOSES ONLY. WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, DESCRIPTION, OR OPINION POSTED ON THE SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
We may provide on the Site, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave the Site. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked sites or the information appearing thereon or any of the products or services described thereon. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any content on the Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
Designated Agent: [email protected]
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material. We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.
If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.
GCNA may accept donations to our organization through the Site. In order to make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, payment card information and email address. You are responsible for the accuracy of the contact and payment information supplied by you to GCNA. By providing such information to GCNA by any means (e.g., through the online portal, email, fax, telephone, mail), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to GCNA for use in receiving your donations from the Site. In order to make donations online using the payment method displayed on the Site, you must be 18 years of age or over. By using the Site’s payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Site, including, without limitation, instructing GCNA or its authorized vendors to collect any payments from a payment card, and to use the Site in accordance with these Terms. The billing to your payment card occurs at the time of donation to the Site or shortly thereafter. You agree that you are responsible for all charges incurred by your use of the Site. You understand that any payments or donations you mate through the Site may be processed by third party payment processors, and as such may be subject to additional terms and policies published or provided by such third parties.
The Site may advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when you shop in GCNA stores (collectively, “Coupons”). Coupons cannot be applied to prior or completed transactions, and must be provided at the time of in-store purchase. Generally, promo codes and discounts cannot be combined with other offers. Only consumers can use promo codes, they cannot be used by resellers, wholesalers or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.
Through certain features of the Site, we provide access to information about the hiring needs of GCNA and our affiliated organizations, and allow you to apply for these employment opportunities (“Job Postings”). Site features that permit you to view, access and apply to Job Postings are referred to in these Terms as “Application Features”. In addition to the terms contained in the rest of this Agreement, the following terms apply specifically to the Application Features:
Third Party Hosting: You acknowledge that the Application Features may be hosted in whole or in part through a third party service (“Third Party Host”), and that your use of the Application Features may be subject to additional terms and conditions and policies published by the Third Party Host.
Accounts: The Application Features may permit you to create an account (a “User Account”) to allow you to apply to Job Postings and store resumes and cover letters (collectively, “Application Materials”). You may be prompted to provide a user ID and password to access your account. Your user ID or email address may be rejected for any reason in the discretion of GCNA, or, if applicable, our Third Party Host. For example, your user ID or email address may be rejected if it is already being used by someone else; if it may be construed as impersonating another person; if it belongs to another person; if it violates the intellectual property or other rights of any person; or if it is offensive. You may only have one active User Account for the Application Features at any given time, and you may not allow other people to use your User Account to access the Application Features.
We expect you to accurately maintain and update any information you have provided in connection with your User Account. You agree to notify us of any unauthorized use of the User Account, including any breach of security you become aware of involving or relating to the Application Features. You acknowledge that you are responsible for all activities that occur under your User Account and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Application Features in violation of these Terms. In addition, you agree to sign out from the User Account at the end of each session if you are using a device that is shared with other people.
Application Materials: It is your responsibility to review the Application Materials you upload to your User Account or use to apply to Job Postings to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact us to do so. We assume no responsibility and disclaim all liability for the Application Materials you upload, store, send or receive through the Application Features, including but not limited to liability arising from any loss of, damage to, corruption of or inability to access the Application Materials.
No Employment Agreement: Should GCNA employ you, none of the materials provided on the Site, including but not limited to these Terms, constitute or should be considered part or of an employment contract or an offer for employment.
BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
You may be able to sign up to receive text messages about the Site or any related GCNA services. You can opt out of any text message program by replying STOP to the text message. You can reply HELP on many text message programs to receive more information, including a customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for use of the Site. Text message programs send automated reoccurring texts. Neither GCNA nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs, contact us. Our Privacy Policy applies to text message programs.
The Site may allow you to download certain content. GCNA makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with GCNA or a third party. You may not be able to download raw files for User Content.
The Site and these Terms are in effect until terminated by you or GCNA. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on the Site. You may terminate these Terms by providing written notice of termination, including your detailed contact information and your account information, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Site and any related features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
Upon any such termination, (i) you will immediately cease all use of and access to Site and the Application Features; (ii) we may delete or disable access to any of your User Content at any time; and (iii) we may, in our sole discretion, delete your User Account. You agree that if your use of Site or the Application Features is terminated pursuant to this Agreement, you will not attempt to use the Site or the Application Features under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Site and/or the Application Features after termination will be a violation of this Section, which survives any termination.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination. Even after the termination of these Terms or of your Account or access to the Site, any User Content you have posted or submitted may remain on the Site indefinitely.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SITE OR ON ANY OTHER SITES LINKED TO OR FROM THE SITE. GCNA ASSUMES NO RESPONSIBILITY, AND EXPLICITLY DISCLAIMS ALL LIABILITY FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF ANY JOB POSTING, BLOGS, OR ANY OTHER MATERIALS POSTED ON THE SITE. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT, INACCURATE, OR UNLAWFUL CONTENT POSTED ON THE SITE WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
UPLOADING, TRANSMITTING, STORING, DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOUR USE OF OUR SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT WE WILL MONITOR CONTENT ON THE SITE.
WE AND ANY OF OUR AFFILIATES, DIVISIONS AND RELATED ORGANIZATIONS AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SITE, ANY CONTENT UPLOADED BY USERS, OR EXTERNAL LINKS ON THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES ARE NOT LIABLE FOR ANY LOSS OR CORRUPTION OF CONTENT, INCLUDING, BUT NOT LIMITED TO, APPLICATION MATERIALS. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS, ACTIONS, LIABILITIES, JUDGMENTS, LOSSES, COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (I) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT; (II) YOUR ACTIVITIES IN CONNECTION WITH THE SITE; OR (III) THE USER CONTENT OR OTHER INFORMATION YOU PROVIDE TO US THROUGH THE SITE. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Any dispute, claim or controversy arising out of or relating to your use of the Site, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or the Privacy Policy, shall be either determined by binding arbitration in Maricopa County, Arizona before one arbitrator or submitted to small claims court in Maricopa County, Arizona. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.
Class Action Waiver: YOU AND WE AGREE THAT ANY CLAIMS OR ARBITRATION RELATED TO THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ARBITRATION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 2626 W Beryl Ave, Phoenix, AZ 85021. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least US$100 greater than our last documented settlement offer, we will pay your awarded damages or US$2,500, whichever is greater (the “Award”).
Coordinated Proceedings: If 20 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for GCNA shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against GCNA. Individuals bringing Coordinated Claims shall be responsible for up to US$250 of their filing fees or the maximum permissible under the applicable arbitration rules.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Arizona, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
The following terms apply to Users that are residents of certain jurisdictions:
New Jersey Users: If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Users: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by creating an account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
These Terms apply exclusively to your access to, and use of, the Site. Additional policies and terms may apply to you. Any contests, coupons, rebates or other promotions made available through a Site may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules. Please note that we have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.
We may revise or otherwise change or update these Terms from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Site. Your continued use of the Site will signify your continued agreement to these Terms as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.
If any provision of these User Terms of Use is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
If you have questions about these User Terms of Use, or if you have technical questions about the operation of the Site or the Site Functionalities, please contact us by emailing [email protected] or by writing us at 2626 W Beryl Ave, Phoenix, AZ 85021. If you have any questions or comments about GCNA or have other service needs, please click here for information on contacting our service representatives.
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