This Terms of Use and Privacy Policy (the “Policy”) is a contract that states the terms and conditions under which you may use http://givinggoodnessfoundation.org (the “Website”). Please read it carefully. By using this Website, you accept its terms. If you do not accept the terms of this Policy, do not use this Website. We reserve the right to amend the this Policy and it may be updated from time to time. We encourage you to check back periodically for updates. Last Updated: 10/21/2022.
Giving Goodness Foundation (“Giving Goodness” or the “Foundation”) is the official charitable arm of Think Goodness, LLC (the “Company”). The Foundation respects the privacy of every individual who visits our Website. We will not sell or distribute information gathered on the Website to any third party with the exception of those third parties who work on behalf of, or with, the Foundation under confidentiality agreements. We do not share, sell, trade or otherwise distribute personal information gathered from you on the Website. This Policy applies to your use of the Website, and any other website, social media sites or online portal owned or operated by the Foundation. We are committed to protecting the privacy of the visitors to our websites.
The following Policy outlines the information the Foundation may collect and how we may use that information.
Information is gathered on a voluntary basis. If you decide to provide us with your personal information, you should know that we may store some or all information to further understand users interested in our Random Acts of Goodness programs, our donors and supporters, and to deliver the best online experience. For the purposes of this Policy, “personal information” may include, but is not limited to, your name, email address, phone numbers, credit card information, physical or mailing address, tax identification numbers, birthday, gender, occupations and other information necessary to use or support our programs. We are the sole owners of the personal information as collected on this site. We will use your personal information to respond to you, regarding the reason you contacted us. Unless you ask us not to (including, but not limited to, the opportunity to opt-out of receiving notifications via an unsubscribe link), we may contact you via email in the future to tell you about our programs, events, or changes to this Policy. As part of providing you the services through the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. Except as otherwise indicated above, you may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
The Foundation will retain your personal information for as long as you are a supporter of the Foundation, participate in the Random Acts of Goodness or any of the Foundation’s other programs, or have an account with the Foundation, the Company or any associated entity. The Foundation will only retain your personal information for as long as necessary to fulfill the purposes outlined in the Policy, unless a longer retention period is required or permitted by law.
When you visit the Website, we may collect information that cannot be used to identify you personally, such as an IP address, the browser software being used, the date you used the Website and how long you may have been active on the Website. The Foundation may use this information to generate statistics about the Website to help us improve the visitor experience. This information is automatically collected through “cookie” and similar technologies to improve the quality of the Website. Any time you visit the Website to browse, read or download information, cookies may automatically collect and store information.
Although Giving Goodness and the Random Acts of Goodness program support families, we do not knowingly collect personal information from minors under the age of 18. If you become aware that your child has provided us with personal information without your consent, please contact us immediately. If we become aware that a child under 18 has provided us with personal information, we take steps to delete such information. We may collect and use personal information about a person under the age of 18 that is provided by a parent or legal guardian of the person under the age of 18.
Personal information is gathered for purposes of promoting, managing and expanding our Random Acts of Goodness and other Foundation programs to our supporters and other online visitors. We may also use your personal information as follows: to inform you of new services or products; to help detect and protect against account errors, fraud or other criminal activity; to resolve disputes; to troubleshoot problems; or to customize your experience. When permitted or required by law, we may share your personal information with governmental agencies or other authorized companies assisting us in fraud prevention or investigation or to explore fraud that has already taken place. The information provided to these entities is not for marketing purposes. We may also reassign ownership of such information in the course of mergers, company divestitures, or any business unit closure. Additionally, as permitted by law, the Foundation may retain a limited amount of your personal information for purposes of regulatory and legal compliance, to comply with applicable law, resolve disputes, or enforce our agreements.
Since third-party sites are owned and operated independently, the Foundation cannot safeguard any personal information that you provide to a third-party website that links to or from our Website. These third-party sites may have their own separate privacy policies that govern their collection, storage and use of your personal information that are beyond our control. As such, we cannot assume any responsibility or liability whatsoever for practices, actions or policies of these third-party sites. Any time you elect to leave our Website to visit a third-party site, this Policy will not apply.
The Foundation limits access to your personal information to the Foundation’s authorized employees, agents or contractors (who have agreed to keep your information secure and confidential). We have taken precautions to ensure that your personal information is safe and secure, but please understand that no data transmission over the Internet will be 100% percent secure. While we take steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining your information, and cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem immediately by sending an email to legal@thinkgoodness.com.
If the Foundation discovers that any of your personal information has been compromised, you will be notified by the Foundation and the Foundation will take those steps that may be required by law or regulation regarding same.
All text, graphics, images, hyperlinks, audiovisual or other content (the “Material”) from the Website is considered property of the Foundation or its applicable licensors, and unauthorized use of such Material is strictly prohibited. Such Material on the Website is protected under copyright, trademark and other intellectual property laws and is for exclusive use by the Foundation and/or the Company. The Foundation’s and the Company’s trademarks, service marks, and logos and other proprietary designs used and displayed on the Website, together with all copyrights and other intellectual property rights ("Intellectual Property") therein are property of the Foundation and/or the Company or their respective licensors.
No Material or other Intellectual Property, or any part of the Material or Intellectual Property, from our Website may be downloaded, uploaded, posted, copied, reproduced, distributed or republished in any way. No portion of the Website may be copied, sold, reproduced, duplicated, resold or otherwise exploited for any commercial purpose that is not expressly permitted by the Foundation or the Company. We reserve the right to return contributions, cancel orders, and/or refuse services at our sole and absolute discretion if we believe that a person violates applicable law or acts in a way that is harmful to our interests. Notwithstanding anything to the contrary, no representation is made on the Website that should be construed as granting, by implication or otherwise, any license or right to use any Material, or underlying Intellectual Property, displayed on the Website. The Intellectual Property may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among supporters or customers, or in any manner that disparages or discredits the Foundation, the Company or its products, programs, employees, supporters, or volunteers.
You are prohibited from infringing or otherwise violating third-party rights including, without limitation, third-party intellectual property rights. You shall be solely liable for any damages resulting from any infringement of third-party copyright, trademark or other proprietary rights.
Credit card information and numbers collected on the Website by the Foundation for donations or similar transactions are encrypted before transmission to our credit card processing service. Credit card donations to the Foundation completed on the Website are secured by an online industry standard (SSL) - A 128-bit Secure Socket Layer. The Foundation does not receive credit card number information. As an extra precaution for your protection, we do not include credit card information in any email correspondence.
We are grateful for your donation and for partnering with us to greatly impact the lives of those in need with a little goodness. When we receive your donation, we believe it was your full intention to support our charitable efforts. Giving Goodness Foundation puts all donations to work quickly and as a result, donations are non-refundable. However, if you have made an error in making your donation, please contact us. The Foundation is a US tax-exempt nonprofit 501(c)(3) organization but is not a Canadian registered charity. Donations to the Foundation from Canadian residents will not count as Canadian charitable donations and will therefore not give rise to Canadian charitable donation tax deductions or tax credits. Donations from US residents may be tax-deductible pursuant to the US Internal Revenue Code. Retain your donation receipt as an official record and consult a tax adviser regarding tax deductions. The Giving Goodness Foundation Tax Identification number is: 86-2470971.
We reserve the right to alter or revise this Policy from time to time in our sole and absolute discretion, with no prior notice to users of the Website. We recommend you periodically visit this page to review the current Policy. Your continued use of our Website following any such changes will signify your acceptance and agreement to those changes. We also reserve the right to discontinue this Policy and terminate this agreement for any reason and without prior notice.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON THE FOUNDATION'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM THE FOUNDATION AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS OR RESIDENTS OF ANY OTHER JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
Any controversy, claim or dispute of whatever nature arising between a user of the Website, on the one hand, and the Foundation and/or the Related Parties (as defined below), on the other, including but not limited to those arising out of or relating to the Policy or any other relationship of a user of the Website and the Foundation and/or the Related Parties (for purposes of this Section each is a “party”), whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law, or otherwise (“Dispute”), shall be settled through negotiation, mediation or arbitration, as provided below.
1. Negotiation
If a Dispute arises, the parties shall first attempt in good faith to resolve it promptly by negotiation. Any of the parties involved in the Dispute may initiate negotiation by providing notice (the “Dispute Notice”) to each involved party setting forth the subject of the Dispute and the relief sought by the party providing the Dispute Notice, and designating a representative who has full authority to negotiate and settle the Dispute. Within ten (10) business days after the Dispute Notice is provided, each recipient shall respond to all other known recipients of the Dispute Notice with notice of the recipient’s position on and recommended solution to the Dispute, and designating a representative who has full authority to negotiate and settle the Dispute. Within twenty (20) business days after the Dispute Notice is provided, the representatives designated by the parties shall confer either in person at a mutually acceptable time and place or by telephone, and thereafter as often as they reasonably deem necessary to attempt to resolve the Dispute.
2. Mediation
At any time twenty (20) business days or more after the Dispute Notice is provided, but prior to the initiation of arbitration, regardless of whether negotiations are continuing, any party may submit the Dispute to JAMS (Judicial Arbitration and Mediation Services - http://www.jamsadr.com) for mediation by providing notice of such request to all other concerned parties and providing such notice and a copy of all relevant Dispute Notices and notices responding to JAMS. In such case, the parties shall cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in promptly scheduling the mediation proceedings, and shall participate in good faith in the mediation either in person at a mutually acceptable time and place or by telephone, in accordance with the then-prevailing JAMS’s mediation procedures and this Section, which shall control.
3. Arbitration
Any Dispute not resolved in writing by negotiation or mediation shall be subject to and shall be settled exclusively by final binding arbitration before a single arbitrator in Phoenix, Arizona, in accordance with the then-prevailing Commercial Arbitration Rules of the American Arbitration Association (“AAA”). No party may commence arbitration with respect to any Dispute unless that party has pursued negotiation and, if requested, mediation, provided, however, that no party shall be obligated to continue to participate in negotiation or mediation if the parties have not resolved the Dispute in writing within sixty (60) business days after the Dispute Notice was provided to any party or such longer period as may be agreed by the parties in writing. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. Notwithstanding any contrary rules promulgated by the AAA, the following shall apply to all Arbitration actions:
The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any provision of the Policy, or to rule upon or grant any extension, renewal or continuance of the Policy. Moreover, the arbitrator shall not have the power to award special, incidental, indirect, punitive, exemplary, or consequential damages of any kind or nature, however caused.
All communications, whether verbal, written or electronic, in any negotiation, mediation or arbitration action shall be treated as confidential and those made in the course of negotiation or mediation, including any offer, promise or other statement, whether made by any of the parties, their agents, employees, experts, or attorneys, or by the mediator or any JAMS employee, shall also be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and shall be inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in negotiation or mediation.
The costs of negotiation, mediation, and arbitration, including fees and expenses of any mediator, arbitrator, JAMS, the American Arbitration Association, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by the user of the Website, on the one hand, and the Foundation and any Related Parties involved, on the other. The parties shall bear their own legal fees and expenses of negotiation, mediation and arbitration.
Although the Policy is made and entered into between a user of the Website and the Foundation, the Company and the Foundation’s affiliates, owners, members, managers and employees (“Related Parties”) are intended third-party beneficiaries of the Policy, including this agreement to negotiate, mediate and arbitrate. The parties acknowledge that nothing in these policies is intended to create any involvement by, responsibility of, or liability of the Related Parties with respect to any dealings between an user of the Website and the Foundation, and the parties further acknowledge that no provision of the Policy shall be argued by any party to constitute any waiver by the Related Parties of any defense which the Related Parties may otherwise have concerning whether they can properly be made a party to any dispute between an user of the Website and the Foundation.
Any party may seek specific performance of this Section, and any party may seek to compel each other party to comply with the provisions of this Section by petition to a court of competent jurisdiction in the State of Arizona. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction in the State of Arizona, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending. The prevailing party in any proceeding enforcing the provisions of this Section shall be entitled to recover from the other party the reasonable attorneys’ fees and costs incurred by the petitioning party in obtaining the requested relief. If any portion of this Section is held to be unenforceable for any reason, the remainder shall remain in full force and effect.
Nothing in this Section shall preclude any party from seeking interim or provisional relief concerning the Dispute, including a temporary restraining order, a temporary or preliminary injunction, or an order of attachment, either prior to or during negotiation, mediation or arbitration.
By entering into this Policy, you understand and agree that you will waive your right to have any dispute or claim brought, heard or arbitrated as a class action, collective action or representative action (the “Class Action Waiver”). Notwithstanding any other clause contained in this Policy or the rules of the American Arbitration Association, any claim that all or part of this Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable must be determined only by a court of competent jurisdiction and may not be determined by an arbitrator.
Should you bring a claim against the Foundation for any alleged act or omission of the Foundation relating to or arising from this Policy, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against the Foundation for such act or omission. You hereby relinquish and waive all claims permissible by any other applicable statutes of limitation.
Jurisdiction and venue of any matter not subject to arbitration shall lie exclusively in Maricopa County, State of Arizona. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Arizona shall govern all other matters relating to or arising from the Policy or any element of your relationship with the Foundation.
a. Severability
If any provision of this Policy in its current form or as may be amended is found to be invalid or unenforceable for any reason, only the invalid portion of the provision shall be severed and the remaining terms of the Policy shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
b. Waiver
The failure of the Foundation to partially or fully exercise any rights or remedies that may be available to it, or the waiver of the Foundation of any breach of this Policy by you shall not prevent a subsequent exercise of such rights by the Foundation and shall not be deemed a waiver by the Foundation of any subsequent breach by you of the same or any other provision of the Policy. Our rights and remedies under the Policy and any other applicable agreement between you and the Foundation shall be cumulative, and the exercise of any such right or remedy shall not limit our ability to exercise a different or additional right or remedy.
c. Release and Indemnification
You agree to indemnify, hold harmless, and defend the Foundation, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your participation as a user of the Website, your violation of this Policy, any defamatory or infringing content posted by you, or your violation of any law or the rights of a third party.
d. Confidentiality
You agree that the Foundation has a proprietary interest in its donor lists and other confidential information described in this Policy
e. International Use
The Website is intended for use only in the United States and Canada. We make no representation that the materials presented on the Foundation Website is appropriate for use or available for use in any other jurisdiction.
f. Entire Agreement
This Policy constitutes the entire agreement of the parties with respect to this subject matter and your use of the Website. There are no verbal or written collateral representations, agreements or understandings relevant to this subject matter except as specifically set forth in this Policy.
g. Contact Information
The Foundation’s Legal Department may be contacted at: Legal Department, Think Goodness, 565 East Germann Road, Suite 101, Gilbert, Arizona 85297. All legal notices shall be sent by registered or certified mail to this address
The Care Team may be contacted by telephone at 866-600-7525 or electronically by selecting the “Contact Us” option at the bottom of any page of the Website.
All other contacts may be directed to:
Think Goodness
565 East Germann Road, Suite 101
Gilbert, Arizona 85297
How to Contact Us
To contact us with questions or concerns about our privacy policies, please email legal@thinkgoodness.com.
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