Terms of Use

TERMS OF USE (“Terms”)

Last updated: 01/22/2025

These Terms apply to the websites operated by Goodwill Industries of Orange County d/b/a ShopGoodwill.com, its subsidiaries, affiliates, directors, officers, employees, and agents (collectively referred to as “ShopGoodwill”). These Terms govern your access to and use of our websites, apps, and other technologies on which these Terms reside (each a “Site” and, collectively, the “Sites”), and the features, programs, products, and services offered on or in connection with them (collectively with the Sites, the “Services”).  These Terms set forth a legally binding agreement between you and ShopGoodwill. Throughout the site, the terms “we”, “us” and “our” refer to ShopGoodwill.

Please read these Terms carefully before using the Services, including to make a purchase. By accessing or using the Services you agree to be bound by these Terms and all the terms and policies incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services. Your use of the any Service constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, these Terms.

Note that Section 18 of these Terms contains a mandatory arbitration provision that requires ShopGoodwill and you to use binding arbitration on an individual basis and limits the remedies available to ShopGoodwill and you in the event of certain disputes. By agreeing to these Terms, ShopGoodwill and you are giving up our rights to bring our disputes before a jury or as a member of a class action.

ShopGoodwill reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites. By continuing to access or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all the terms and policies incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you are free to reject them and will not be able to access or use the Services.

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (c) do not have more than one ShopGoodwill account, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

ShopGoodwill.com is an online marketplace connecting end users who wish to buy goods with local Goodwill Industries organizations from cities throughout the United States which sell goods (“Sellers”). All Sellers must be registered members of Goodwill Industries International. Buyers may purchase goods from Sellers via the Services outright or by bidding in an online auction, depending on how the Seller has listed a particular item. Sellers are independent third parties and are not affiliated with, controlled by, or employed by ShopGoodwill. ShopGoodwill connects Buyers and Sellers directly with each other and is not a party to sales contracts between these third-party Sellers and Buyers. ShopGoodwill is not acting as an agent for any user, except for as specified in Section 8.3 (Payment; Limited Collection Agent). 

ShopGoodwill does not own or control the products listed or otherwise made available by Sellers via the Services (“Products”). Sellers are solely responsible for the Products listed and sold via the Services and control the availability, quality, and terms of their listings. It is your responsibility to evaluate each Seller with whom they choose to contract, communicate, or otherwise interact. ShopGoodwill is not responsible for the content posted by our Sellers, nor are we responsible for the quality or availability of products offered.

The Sites, and any Services performed, provided, or enabled by or through the Sites, including all Content (defined below) contained on the Sites is owned, controlled, or licensed by or to ShopGoodwill, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The unauthorized copying, displaying, selling, distributing, or other use of any Content is a violation of the law. Except as expressly provided herein, you are not permitted to copy, reproduce, republish, upload, post, publicly display, transmit or distribute any Content to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ShopGoodwill’s express prior written consent. Permission is granted to electronically copy and to print in hard copy portions of the Content solely for your personal, non-commercial, and non-competitive, use. Any other use of Content without the prior written permission of ShopGoodwill is strictly prohibited. “Content” means all content and materials contained within the Services, including without limitation, the ShopGoodwill logos and all designs, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof.

ShopGoodwill grants you a limited, nonexclusive, non-transferrable, revocable license to use portions of the Services solely for your own private, non-commercial purposes only and solely in accordance with these Terms. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of ShopGoodwill or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by ShopGoodwill or a third party that are subject to separate license terms, in which case those license terms will govern such software components. You acknowledge that any reliance on the Services or any Content will be at your own risk. You expressly agree that you will use the Services and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with these Terms, and that you will promptly notify ShopGoodwill if any of your information changes. ShopGoodwill makes no representation that the Services or Content is appropriate or available for use in particular locations.

Your use of our Services is subject to restrictions intended to protect the rights of ShopGoodwill and others. You may not use the Services or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of ShopGoodwill or others. You also agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services.

You agree that you will abide by these Terms and will not:

• Engage in any harassing, threatening, intimidating, predatory or doxing conduct.
• use or attempt to use another account without authorization from the account administrator and ShopGoodwill.
• use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.
• reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content.
• attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access.
• develop any third-party applications that interact with the Services without our prior written consent; use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Site pages or functionality; or
• bypass or ignore instructions contained in the robots.txt file, which controls all automated access to the Services.

ShopGoodwill reserves the right to bar and/or prevent any prohibited use of the Site.

Certain features of the Services may require you to open an account, including setting up a username and password (referred to as your “credentials”). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your credentials, and for all activity that occurs under your account because of your failing to keep this information secure and confidential. You agree to notify ShopGoodwill immediately of any unauthorized use of your account credentials or unauthorized activity on your account. You may be held liable for losses incurred by ShopGoodwill or any other user of or visitor to the Services due to someone else using your credentials or account because of your failing to keep your account information secure and confidential.

You are advised to create and maintain a long, complex password that is unique to this account (meaning that you do not use the same password for any other account that you have) and that you not share password with anyone else. You may not use anyone else’s credentials or account at any time without the express permission and consent of the holder of those credentials or that account. ShopGoodwill will not be liable for any loss or damage arising from your failure to comply with these obligations.

Payment Terms. Terms of payment (whether via PayPal, credit cards, debit cards, or other methods of payment) vary by Seller. Please refer to the listing for a list of payment options acceptable to that particular Seller.

Limited Collection Agent. You acknowledge and agree that, notwithstanding the fact that ShopGoodwill is not a party to the agreement between you and the Seller, ShopGoodwill acts as the Seller’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Seller.  Once you make payment of funds to ShopGoodwill, your payment obligation to the Seller for the agreed upon amount is extinguished, and ShopGoodwill is responsible for remitting the funds to the Seller in the manner described in this PSA.  In the event that ShopGoodwill does not remit any funds, the Seller will have recourse only against ShopGoodwill and not the Buyer directly. You understand that ShopGoodwill’s obligation to pay the Seller is subject to and conditional upon successful receipt of the associated payments from you.  ShopGoodwill shall be obligated to make payments to the Seller only for such amounts that have been actually received by ShopGoodwill from you in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Seller, ShopGoodwill assumes no liability for any acts or omissions of the Seller.

• Returns and Refunds. Policies regarding returns or refunds may vary by Seller. Please refer to the listing to review the relevant Seller’s refund or return policy.
• Shipping policies may vary by Seller. Please refer to the listing to review the relevant Seller’s shipping policy.
• Auction Bidding. New bidders (buyers with user accounts less than 30 days old) will be restricted to participating in no more than 15 active auctions at one time. As a bidder, if you have the highest bid at the end of the auction period, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the Seller, YOU ARE OBLIGATED TO COMPLETE THE TRANSACTION. Bids are not retractable except in exceptional circumstances (e.g., the Seller materially changes the description of the item after your bid, clear typographical errors, or when the bidder cannot authenticate the identity of the Seller). Bid manipulation is strictly prohibited. ShopGoodwill will record, monitor, suspend or ban any bidder who fails to fulfill his or her obligation to purchase the item(s) he or she won through the bidding process, or take other appropriate disciplinary, investigative or legal action, in our sole and absolute discretion.

If you believe that any Content posted violates your copyright, please notify us at support@shopgoodwill.com.  This notice should identify the specific Content and provide us with evidence of your ownership of the copyright or authorization to enforce the rights of the copyright owner.  We will internally review alleged violations but may not send you a response each time notifying you of the results of our review.  Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content.  We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).

By creating a ShopGoodwill account, you also consent to receive electronic communications from ShopGoodwill (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

ShopGoodwill permits certain users to receive SMS communications (the “Text Messaging Program”). By signing up or otherwise opting into the Text Messaging Program, you consent to receive automated (including using an automated telephone dialing system) marketing, transactional, and promotional texts from or on behalf of ShopGoodwill at the mobile number you provide when you opt-in to the Text Messaging Program. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. To opt out of the Text Messaging Program, text STOP. For help, text HELP, or you can get help directly at support@shopgoodwill.com. Carriers are not liable for delayed or undelivered messages.

ShopGoodwill will only use your mobile number, provided by you, to opt-in ShopGoodwill’ SMS Program specifically for receiving autodialed marketing, transactional, and promotional texts, as stated in this Section 11, unless you choose to provide your mobile number for another Service we offer. 

By displaying, publishing, or otherwise posting any questions, comments, suggestions, ideas, original or creative materials or other content (“Feedback”) on or through the Services and/or providing ShopGoodwill with any Feedback, you hereby grant ShopGoodwill a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Feedback in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. Feedback is non-confidential and shall become the sole property of ShopGoodwill. You represent and warrant that you have the right to grant the license set forth herein, and the displaying, publishing, or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

All marks, service names, logos or slogans that may appear on the Services or Products are trademarks of ShopGoodwill and may not be copied, imitated, or used, in whole or in part, without our prior written permission, in each instance. In addition, the look and feel of the Services and Products, constitute the service mark, trademark, or trade dress of ShopGoodwill and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Services or Products are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, Services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by ShopGoodwill.

We may display content, advertisements, and promotions from, and links to third parties through the Services, including in shipments with Products (collectively, “Third Party Content”). We do not control, endorse, or adopt any Third-Party Content, including Products, and we make no representations or warranties of any kind regarding such Third-Party Content, including accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that ShopGoodwill is not responsible or liable in any manner for such interactions or Third-Party Content.

WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVISION, OR FOR THE CONDITION OR NATURE, OF ANY PRODUCT.  SELLERS ARE INDEPENDENT THIRD PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY SHOPGOODWILL.  SELLERS SET THEIR OWN PRICES, USE THEIR OWN FACILITIES AND RESOURCES, AND MAY CONDITION PURCHASE OF PRODUCTS AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.

YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK.  SHOPGOODWILL IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE CONDITION OF PRODUCTS OR LISTINGS OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY SELLER OR OTHER THIRD PARTY. ANY INFORMATION PROVIDED TO YOU REGARDING SELLERS OR PRODUCTS IS ONLY PROVIDED TO FACILITATE YOUR USE OF THE PLATFORM AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY.  SHOPGOODWILL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY PRODUCT WILL BE PROVIDED TO YOU AS DESCRIBED.  SHOPGOODWILL DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR PROPERTY DAMAGE THAT OCCURS TO YOU, THIRD PARTIES, OR PROPERTY WHILE USING PRODUCTS.

THE SERVICES, AND ALL SITES, CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE PROVIDED BY SHOPGOODWILL ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO SHOPGOODWILL PARTY (DEFINED BELOW) MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SITES, OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHOPGOODWILL PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE SHOPGOODWILL PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS SECTION 15 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY SHOPGOODWILL TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO SHOPGOODWILL PARTY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ShopGoodwill, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “ShopGoodwill Parties”), from and against all actual or alleged ShopGoodwill Parties or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or not matured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, and (e) any third party’s use or misuse of the Services or Products provided to you. You agree to promptly notify ShopGoodwill of any third-party Claims and cooperate with the ShopGoodwill Parties in defending such Claims. You further agree that the ShopGoodwill Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ShopGoodwill.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY SHOPGOODWILL PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES, RECEIPT OR USE OF ANY PRODUCT PURCHASED VIA THE SERVICES OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SHOPGOODWILL, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHOPGOODWILL’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SHOPGOODWILL PARTY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF FIFTY (50) U.S. DOLLARS.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES SHOPGOODWILL AND YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH SHOPGOODWILL AND YOU CAN SEEK RELIEF UNDER THESE TERMS. IN PARTICULAR, SHOPGOODWILL AND YOU AGREE TO GIVE UP OUR RIGHTS TO BRING CERTAIN DISPUTES BEFORE A JURY OR RESOLVE CERTAIN CLAIMS IN COURT OR AS A MEMBER OF A CLASS PROCEEDING.

• Binding Arbitration. For any dispute arising out of or related to these Terms or the Services, Content, or Products, except for any disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents (each, a “Dispute”), to the extent permitted by applicable law, you and ShopGoodwill agree (a) to waive your and ShopGoodwill’s respective rights to have any and all Disputes resolved in a court, and (b) to waive your and ShopGoodwill’s respective rights to a jury trial. Instead, you and ShopGoodwill agree to arbitrate Disputes through binding arbitration. Arbitration is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court.
• No Class Arbitrations, Class Actions or Representative Actions. To the extent permitted by applicable law, you and ShopGoodwill agree that any Dispute is personal to you and ShopGoodwill and that any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. To the extent permitted by applicable law, you and ShopGoodwill agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
• Federal Arbitration Act. You and ShopGoodwill agree that these Terms affect interstate commerce, and that the enforceability of this Section 18 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
• Notice; Informal Dispute Resolution. You and ShopGoodwill agree that each party will notify the other party in writing of any Dispute or any small claims dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute or small claims dispute informally. Notice to ShopGoodwill shall be sent by certified mail or courier to 410 N. Fairview, Santa Ana CA, 92703. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your ShopGoodwill account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent to the address we have on file for you, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute or small claims dispute, (y) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and (z) the specific relief that we are seeking. If you and ShopGoodwill cannot agree how to resolve the Dispute or small claims dispute within thirty (30) days after the date notice is received by the applicable party, then either you or ShopGoodwill may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding or, to the extent specifically provided for in Section 18.1 ("Binding Arbitration" paragraph above), file a claim in court.
• Process. You and ShopGoodwill agree that any Dispute or small claims dispute must be commenced or filed by you or ShopGoodwill within one (1) year of the date the Dispute or small claims dispute arose, otherwise the underlying claim is permanently barred (which means that you and ShopGoodwill will no longer have the right to assert such claim regarding the Dispute or small claims dispute). You and ShopGoodwill agree (a) that arbitration will be administered by JAMS in accordance with the JAMS arbitration rules and procedures (the "JAMS Rules") then in effect, except as modified by this Section 18. (The JAMS Rules are available at jamsadr.com), and (b) that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Orange, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a small claims dispute in the small claims court located in the county of your billing address if the small claims dispute meets the requirements to be heard in that small claims court.
• Authority of Arbitrator. As limited by the FAA, these Terms and the JAMS Rules referenced above, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of the scope of this arbitration agreement and whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 18. To the extent there are any conflicts between the JAMS Rules and these Terms, the Terms will control.
• Severability. If any term, clause or provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 18 will remain valid and enforceable. Further, the waivers set forth in this Section 18 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
• Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms of this Section 18 by writing to: 410 N. Fairview, Santa Ana CA, 92703. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

You agree that all matters relating to your access to or use of the Sites, the Services, the purchase of Products, and the ShopGoodwill Privacy Policy, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court pursuant to Section 18 must be brought within one (1) year after the Dispute arises, or the legal claim or cause of action arising from the Dispute is barred.

In the event of a complaint or concern regarding these Terms, our Services, or for more information, please contact ShopGoodwill at support@shopgoodwill.com or at the following address: 410 N. Fairview, Santa Ana CA, 92703.