1. THE SERVICE The Goodpin service allows individuals and corporations to make monetary donations to non-profit organizations and to see on a location map, and to share those actions to inspire other users to do the same (the “Service”). The Service is available to the general public, non-profit organizations, and corporations. In order to use the Service, you must register for an account by creating a username and password, and providing us with information to identify you including your name, address, email address, Facebook account and/or Twitter account. In connection with your use of the Goodpin Service, we may send you service announcements, administrative messages, and other notifications and information via the app or email. You may opt out of some of those communications.
2. RESPONSIBILITY FOR CONTENT All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users (“User Content”), is the sole responsibility of such viewers or users. Goodpin does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Goodpin be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
6. DONATIONS AND FEES If you are an individual or an entity that is making a donation (“Donor”), you are solely responsible for ensuring that you have selected the correct organization to make a donation to and for informing yourself of the tax implications of making each donation. All donations made using the Service are made as unrestricted gifts meaning that they may not be specified for any particular purpose. Donations may be made using a credit card and are payable to Goodpin. Donation payments are final and are non-refundable. Goodpin holds donations in a bank account and forwards them to non-profits at intervals determined by Goodpin and the non-profits. Payment intervals range from as frequently as monthly but no less frequently than quarterly. Goodpin has no affiliation with any of the charities represented in the app, or on the site and cannot verify the information provided.
By making a donation using the Service, you authorize Goodpin or its affiliates to act as your agent to: (a) hold funds received from you in a bank account until the relevant payment interval occurs; (b) remit funds received from you less the Service Fee to the designated non-profit; and (c) in the event that the non-profit you designated refuses or is otherwise unable to accept the funds donated by you, you agree that we may, at our discretion, give such funds to another similar non-profit as determined by us. (d) At the time of your donation you will agree to a ‘tip’ being added to the amount of your donation, as a fee to Goodpin for providing this service. The user gets to choose the %. This is incremental to the donation. 100% of your specified donation will be forwarded to the charity. (e) If a user is sent or given donation dollars from a "Goodpin Partner" they must abide by that partner's giving criteria; which may exclude charities based on but not limited to: location, category, timeline.. Goodpin reserves the right to change or revoke donations that do not align with its partners charitable giving criteria.
8. LINKS This Website (including User Content) may contain links to other websites that are not owned or controlled by Goodpin. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Goodpin of that third party, third party product or service. Goodpin is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Goodpin endorses or accepts any responsibility for the content or use of such websites, and you hereby release Goodpin from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
9. ADVERTISEMENTS You acknowledge and agree that the Website may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Goodpin shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
10. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS THE WEBSITE, SERVICE, GOODPIN APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." GOODPIN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. GOODPIN DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND GOODPIN SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. GOODPIN WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. GOODPIN MAKES NO REPRESENTATION AND DOES NOT GUARANTEE THAT ALL OR ANY PORTION OF THE FUNDS DONATED USING THE SERVICE ARE TAX DEDUCTIBLE. GOODPIN SHALL HAVE NO LIABILITY FOR ANY CLAIM BY ANY FEDERAL, PROVINCIAL OR STATE TAX AUTHORITY WITH RESPECT TO THE CHARACTERIZATION BY YOU OR ANY USER OF FUNDS DONATED USING THE SERVICE ON ANY APPLICABLE FEDERAL PROVINCIAL AND STATE TAX RETURNS.
11. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL GOODPIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, GOODPIN APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR GOODPIN APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF GOODPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOODPIN’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID TO GOODPIN IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Effective Date: April 15, 2014.