Effective January 1, 2022.

Introduction. This agreement (the “User Agreement”) is a binding contract between you and Informi LLC, DBA Stuff for Good, a Texas limited liability company (“Stuff for Good,” “we,” “us,” or “our”). The User Agreement sets forth the terms which govern your access to the websites provided by Stuff for Good (the “Site(s)”) and your use of the services and features made available on or through the Sites (collectively, the “Services”). By accessing or using the Sites or Services in any manner, you indicate your unconditional acceptance of the most-current version of (i) the User Agreement; (ii) our “Privacy Policy”; (iii) our “Security Policy”; and (iv) any other legal notices, conditions, or guidelines located on the Sites (collectively, the “Terms”). If you do not agree to the Terms, do not use the Sites or Services, and exit now.

Section headings in the User Agreement are for convenience only and do not have any force or effect.

Eligibility. Only persons who are not are a person with whom transactions are prohibited under economic or trade sanctions and who are over the age of majority in their jurisdiction (which typically is 18 but may be different in your jurisdiction) and fully competent to enter into, abide by, and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms may register for an account and use the Site and Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your legal guardian. Any registration for, use of, or access to the Sites and Services by anyone (i) under the age of 13 or (ii) under the age of majority in their jurisdiction but without legal guardian permission is unauthorized, unlicensed, and a violation of the User Agreement. By registering for an account or using the Sites or Services, you represent and warrant that you are a United States of America resident and that you are (i) over the age of majority in your jurisdiction or (ii) over the age of 13 and have the express permission of a legal guardian to become a registered user and use the Sites and Services made available to registered users; and you further agree to abide by all of the Terms.

Changes to the Terms. Stuff for Good may update the User Agreement from time to time by posting revised versions on the Site without notice to you except that the effective date at the top of the User Agreement will change. Your subsequent use of the Sites and Services will be governed by the latest version of the User Agreement.

SELLING AND BUYING
Definitions.
“User” means a person who uses a Site or the Services.
“Item” means anything that is posted for sale, sold, or purchased through a Site. Singular and plural may be used interchangeably.
“Seller” means a User who posts for sale or sells an Item.
“Bidder” means a User who places an auction bid on an Item.
“Buyer” means a User who purchases an Item.
“Transaction” means the purchase and sale of an Item.
“Charity” means an entity that has represented itself to Stuff for Good to be, or that Stuff for Good has assessed to be, described in § 501(c)(3) of the Internal Revenue Code of 1986, as amended, and a public charity that either is not a supporting organization or is specifically identified under § 509(a)(3) as described in § 509(a)(3)(B)(i), § 509(a)(3)(B)(ii), or § 509(a)(3)(B)(iii) if functionally integrated.  
The “Foundation” means Givinga Foundation, a Delaware corporation and donor advised fund sponsor whose federal tax ID number is 47-4172718.
The “Admin Fee” means the portion of proceeds from each Transaction due to Stuff for Good, as specified below.
“USPS” means the United States Postal Service.
“Hand Deliver” means the process of the Seller’s intended delivery (or causing the delivery) of the purchased Item to the Buyer (or someone who is present at the request, direction, or cause of the Buyer) without the use of USPS or other shipping service.

General Terms for Sellers and Buyers. The Sites and Services provide a platform through which Sellers may sell, and Buyers may purchase, Items for the benefit of Charities. Stuff for Good is not a party to any Transaction.

Additional Auction Terms. If you are a Bidder, you agree to pay the purchase price plus any applicable shipping cost for the Item within five days of the end of the auction if you are the highest Bidder when the auction ends. You may retract your bid prior to the end of the auction. The foregoing also applies in the event another User places a bid higher than yours and subsequently retracts that bid, causing you once again to become the highest Bidder.

There are two exceptions to the prior paragraph. The first exception occurs when a Seller has specified a bid that must be reached in order for the Item to sell (a “Reserve Price”). If a Reserve Price has been specified and has not been reached, the highest Bidder will not have the opportunity to purchase or pay for the Item. The second exception occurs when a Buyer has used the option to make immediate payment for the Item (the “Buy Now Option”). In that case, the price paid by the Buyer may or may not be higher than the highest auction bid; yet the Item will be sold to the Buyer utilizing the Buy Now Option, causing the auction to end immediately with no sale to the highest Bidder.

If you are a Seller, you acknowledge (i) that the highest Bidder has five days to pay for the auctioned Item, (ii) that Stuff for Good has no obligation to enforce terms against the highest Bidder in the event payment is not made within five days, and (iii) that the Item may sell for less than the highest bid in the event that the Buy Now Option is utilized. You also agree not to place bids on an Item you are selling or to cause bids to be placed on an Item you are selling for the purpose of artificially increasing the purchase price.

Deductions from Proceeds. If you are a Seller, you acknowledge, agree, and direct that none of the Buyer’s payment will be remitted directly to you; that credit card fees, shipping, and/or any other applicable costs will be deducted from the total amount paid by the Buyer; and that Stuff for Good will receive an Admin Fee of 5% of the sale price.

Proceeds to Benefit Charities. Users acknowledge that Transactions are intended to benefit Charities. Sellers hereby direct net proceeds from the sale of Items to be remitted to the Foundation. Sellers further recommend that available proceeds from the sale of Items be granted from the Foundation to the Charity identified at the time the Items are posted for sale. Charities generally receive an amount equal to the Seller’s gross proceeds for the sale of Items less the following deductions: (i) credit card fees and (ii) Admin Fee. If applicable, shipping costs and taxes are also deducted from the Buyer’s payment. Buyers may choose to make a charitable contribution to cover the credit card fees (a “Card Fees Contribution”) and/or to make an additional charitable contribution (an “Additional Charitable Contribution”) with the intention of helping Charities. Accordingly, Buyers hereby recommend that such contributions be further directed to benefit the Charity specified at the time the Item is purchased. Contributions are nonrefundable and are generally effective at the end of the Refund Period. However, Additional Charitable Contributions are effective immediately upon payment. The Foundation accepts advice regarding grants to Charities and makes grants in accordance with its policies and purposes and in its sole discretion as a public charity. You acknowledge and agree that neither Stuff for Good nor the Foundation is responsible for the Content (as defined below) posted by Charities or responsible to ensure any particular use by the Charities of grants they may receive from the Foundation. The assets held in donor advised funds of the Foundation are nonrefundable and are the Foundation’s property, subject to the Foundation’s exclusive legal control. Grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any purpose conferring impermissible private benefit.

Timing of Charitable Contribution Receipts. Stuff for Good facilitates receipts via email for Users who make charitable contributions. Although there may be some time lapse before an email is received, unless Stuff for Good is notified of a request for refund, Users can generally expect to receive charitable contribution receipts as follows: Sellers can expect to receive a charitable contribution receipt approximately fifteen days after the end of the Refund Period, as defined below. Buyers who make a Card Fees Contribution can expect to receive a charitable contribution receipt approximately fifteen days after the end of the Refund Period. Buyers who make an Additional Charitable Contribution can expect to receive a charitable contribution receipt shortly following payment of the contribution.

Refunds. Users agree to a period of thirty days commencing upon the payment for an Item (the “Refund Period”) in which the purchase price, less any nonrefundable costs or fees, may be requested to be returned to the Buyer. Nonrefundable costs and fees may include shipping and/or any other costs or fees incurred related to the Transaction. If nonrefundable costs and fees are more than the purchase price, the refund may be disallowed. Additional Charitable Contributions will not be refunded.

Stuff for Good encourages Buyers who wish to request a refund to contact Sellers directly through the messaging function on the Item’s listing page on the Site for the purpose of agreeing upon whether a refund should be made. In the event that Buyers and Sellers cannot agree upon whether a refund should be made, Users acknowledge, agree, and direct that Stuff for Good, in its sole discretion, may decide whether a refund should be made. If a refund is agreed upon or if the Buyer and Seller cannot agree and request Stuff for Good to make a refund decision, notification must be made via telephone call or voice message to Stuff for Good at __________ before the end of the Refund Period. Please note that, if the Buyer (or someone by the Buyer’s request, direction, or cause) has received the purchased Item by Hand Delivery, Stuff for Good will generally determine that no refund should be made.

If an Item for which a refund has been approved is in the possession of the Buyer, the Buyer is responsible for the cost and/or effort to return the Item to the Seller. If the Item has not been returned to the Seller within thirty days after Stuff for Good was initially notified of the request for refund, notification must be made via telephone call or voice message to Stuff for Good at __________ by the forty-fifth day after Stuff for Good was initially notified of the request for refund. If Stuff for Good has not been notified within 45 days, as described above, that the Item has not been returned to the Seller, the refund will be eligible to be returned to the Buyer approximately 45 to 75 days after the request for refund. However, a refund may be made to the Buyer in fewer than 45 days if Stuff for Good determines that the Item is still in or has been returned to the Seller’s possession. If Stuff for Good, in its sole discretion, determines that the Item is not in the Seller’s possession within thirty days after Stuff for Good was initially notified of the request for refund, no refund will be sent, and Users agree that the Buyer will have no further recourse for refund. An exception to the preceding sentence is that a refund may still be available to the Buyer if Stuff for Good determines that the Buyer took reasonable steps to return the Item.

User Responsibility. Users must comply with all local, state, and federal laws and regulations. Stuff for Good makes no representation or warranty whatsoever regarding, and hereby disclaims all warranties and representations of any kind regarding, (i) the accuracy of Users’ content, listings, or claims; (ii) the quality, authenticity, safety, legality, or existence of the Items offered; (iii) Sellers’ rights or ability to offer listed Items; (iv) Buyer’s ability to purchase Items; or (v) that any User will complete a Transaction or otherwise comply with the Terms.

Obligations of Seller. When you are a Seller,

• You must accurately describe the Item you are selling, including its imperfections;
• You must have rights to any images you post;
• You must accurately represent the location of the Item you are selling;
• You must respond to Buyer messages regarding purchased Items within 24 hours of messages;
• Upon a Buyer’s payment for an Item, you must promptly  Hand Deliver the Item to the Buyer, if applicable, or promptly deliver the Item to USPS to be shipped to the Buyer using the prepaid USPS shipping label provided by Stuff for Good and following USPS-recommended packaging guidelines, if applicable.
• If a Buyer submits a request for a chargeback, you agree to provide us with any pertinent information within one week.
• You must comply with all local, state, and federal laws and regulations, including, but not limited to, laws and regulations regarding reporting sales and remitting all applicable taxes.
• You must not post these types of items (the “Prohibited Items”) for sale on any Site:
• Items not available for sale, including duplicate postings of single items
• Recalled products (Any products recalled by the Consumer Product Safety Commission are prohibited.)
• Unauthorized (pirated) copies of media (i.e., music, movies, TV shows, photos, radio programs, concerts, software, video games, etc.)
• Unauthorized/illegal wildlife products and byproducts, such as skins, feathers, tissues, or bones
• Replicas of trademarked items (i.e., counterfeit and “knock-off” items)
• Adult and pornographic products
• Firearms, ammunition, and weapons
• Stock and securities
• Lottery tickets
• Prescription or illicit drugs
• Tobacco products
• Stolen goods
  

Please note that Stuff for Good, the Foundation, or the Charity that is intended to benefit from a specific Site (collectively, the “Removing Parties”) may, in its sole discretion, determine that certain types of Items or any content is inappropriate for posting on the Site. In that case, the Removing Parties have the right, but not the obligation, to remove content with or without notification.

Obligations of Buyer. When you are a Buyer,

• Within 24 hours of purchase, you must send a message to the Seller through the Site to arrange a date, time, and place to meet to receive the purchased Item. Until such a meeting is arranged or until Stuff for Good is notified of your request for refund, you must continue to respond to the Seller’s return messages no more than 24 hours after the messages are sent;
• You must comply with all local, state, and federal laws and regulations, including, but not limited to, laws and regulations regarding reporting purchases and remitting all applicable taxes.
  

Formal Contracts, Transfer of Ownership. The Sites(s) may facilitate non-binding expressions of intent to purchase or sell real estate or motor vehicles. However, no action taken through the Site(s) may be construed to be a formal contract between any Buyer or Seller for the purchase or sale of real estate or motor vehicles. However, if funds are paid through the Site(s) for real estate or motor vehicles, the terms in this User Agreement regarding purchases and sales will be followed for the purpose of flow of funds and any other purpose(s) besides a formal contract for purchase or sale. Neither Stuff for Good nor the Site(s) or Services provided by Stuff for Good transfer legal ownership of any Item. No other provision of the Terms may be construed contrary to the foregoing statements in this paragraph.

Shipping. You agree to select the correct location, type of packaging, weight, and size, as applicable, for use as shipping information. In order to allow for tracking and completion of contributions, Items shipped to the Buyer must only be shipped from the United States of America using the prepaid USPS label provided by Stuff for Good. Such shipments are insured based on the purchase price of the Item, package type, and service class. Information regarding USPS insurance claims can be found on the USPS website. Note that Stuff for Good must receive all applicable information for a claim no later than 21 days before the USPS claims filing period expires. (This filing period may be 60 days from the mailing date.) If the claim is for a damaged shipment, you must retain the damaged shipment (including wrapping, packaging, and contents). USPS may require you to turn the damaged shipment over to a post office for inspection, retention, and disposition, in accordance with the claim decision.

In the event of notice of loss of or damage to an Item being sent to the Buyer, Stuff for Good, in its sole discretion, may request a refund to the Buyer and may make, or work with a third party to make, a USPS insurance claim and may recommend an amount equal to the net proceeds related to any approved shipping claim for the benefit of the Seller’s intended Charity in much the same manner as if the proceeds had been from the original sale. The claim proceeds, if any, may be a different amount than the original purchase price.  

You acknowledge that Stuff for Good is not liable for any losses, damages, or delays related to shipping. You agree not to use the USPS label provided by Stuff for Good to mail or cause to be mailed, or ship or cause to be shipped, any item(s) in a manner that violates applicable law and/or USPS regulations. 

CHARITY TERMS

Charitable Representations. If you submit information about an entity through Stuff for Good’s organization signup webpage, you represent, warrant, and agree that (i) you have the full right, power, and authority to enter this binding contract on behalf of that entity; (ii) that that entity is a public charity, as described in § 501(c)(3) of the Internal Revenue Code of 1986, as amended, and a public charity that either is not a supporting organization or is specifically identified under § 509(a)(3) as described in § 509(a)(3)(B)(i), § 509(a)(3)(B)(ii), or § 509(a)(3)(B)(iii) if functionally integrated; (iii) that Stuff for Good is requested and authorized to produce a Charity Site, as defined below, for that Charity; (iv) that grant funds from the Foundation will be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit; (v) that that entity will not provide goods and services to Sellers or Buyers related to charitable contributions made through the Charity Sites, as defined below; and (vi) that if any of the foregoing representations and warranties ceases to be true, that entity will immediately notify Stuff for Good and, if possible, provide at least six months’ advance notice. Actions performed via the Sites or Services through the username of a Charity, or through a username specifically assigned to you as the representative of a Charity, will be deemed to be the actions of the Charity.

Charity Sites. Stuff for Good, in its sole discretion, produces customized Sites for Charities that involve Services (the “Charity Sites”). You acknowledge that Stuff for Good has no obligation whatsoever to Charities related to the Charity Sites, including, but not limited to, availability of the Charity Sites and upkeep of information and images on the Charity Sites. As further described in this User Agreement, you acknowledge that Stuff for Good is not a party to any Transaction and, therefore, has no obligation to remit or cause to be remitted any proceeds to Charities. Additionally, except in Transactions where a Charity is a Seller or Buyer, Charities are not a party to any Transaction and have no claim to Items or the proceeds from Transactions. (Please see the section titled “Proceeds to Benefit Charities” for more information.)

Role of Stuff for Good. The Sites and Services provided by Stuff for Good are merely a platform. You acknowledge and agree that Stuff for Good is not a broker, financial institution, creditor, or Charity and is not a fundraiser, fundraising counsel, solicitor, or commercial coventurer on behalf of any Charity.

GENERAL TERMS

User Conduct. Users agree not to use the Site(s) or Services to

1. Attempt to obtain Prohibited Items
2. Post, use, or transmit content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy, or other applicable laws;
3. Post, use, or transmit false product identification information, including UPC codes, in product description pages;
4. Post, use, or transmit unsolicited or unauthorized content, including advertising or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation or advertising;
5. Post, use, or transmit content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Site(s) or Services or servers or networks connected to the Site(s) or Services, or that disobeys any requirements, procedures, policies, or regulations of networks connected to the Site(s) or Services;
6. Post or transmit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, that incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
7. Intimidate or harass another;
8. Use or attempt to use another’s account, service, or personal information;
9. Remove, circumvent, disable, damage, or otherwise interfere with any security-related features that enforce limitations on the use of the Site(s) or Services;
10. Attempt to gain unauthorized access to the Site(s) or Services, other accounts, computer systems, or networks connected to the Site(s) or Services through hacking, password mining, or any other means or attempt to interfere with the proper working of the Site(s) or Services or any activities conducted through the Site(s) or Services;
11. Use any means to bypass or ignore measures we use to restrict access to or use of the Site(s) or Services;
12. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
13. Post or transmit any personally identifiable information about persons under 13 years of age.
14. Use the Site(s) or Services in any manner that could disable, overburden, damage, or impair the Site(s) or Services or interfere with any other party’s use and enjoyment of the Site(s) or Services.
    

Unless there is a written agreement between you and Stuff for Good in effect to the contrary, you may not (and may not authorize another party to) frame or otherwise co-brand the Site(s) or Services (for example, by displaying a name, logo, trademark, or other means of attribution of a third party that is reasonably likely to give Users the impression that that third party has the right to display, publish, or distribute the Site(s) or Services. An exception to the foregoing is that a Charity for which Stuff for Good provides a Site according to the terms of this User Agreement may be allowed specific and limited options to present that Site with that Charity’s branding.

You acknowledge that certain emails are essential to the performance of the Site(s) and Services, and you agree to receive emails initiated by Stuff for Good. In the event you elect not to receive emails initiated by Stuff for Good (for example, by the use of an “opt-out” or “unsubscribe” feature), you acknowledge that we may immediately suspend or terminate all or a portion of the Site(s) and/or Services at any time in our sole discretion without notice to you. You further acknowledge that it is your responsibility to receive and read emails initiated by Stuff for Good at the latest email address you have provided to us, that an email to the latest email address you have provided to us constitutes our written notification to you, whether or not the notification email was received or delayed, and that you bear any and all liability due to your failure to receive or read those emails. You agree that either an email, as described in this paragraph, or information posted on the Site(s) constitutes our written notification to you.

You acknowledge that you must maintain an accurate United States of America shipping address for your User account and update this information if it changes.

You acknowledge that actions performed via the Sites or Services through your username, except as noted in the “Charitable Representations” section above, will be deemed to be actions performed by you.

You acknowledge and agree that the Stuff for Good Parties, as defined below, may provide information for your convenience but do not provide professional advice. We recommend that you consult your own tax, legal, financial, and other professional advisors about how you may best use the Site(s) and/or Services and the impact of any charitable donations you are contemplating. You may choose to use or not to use our suggestions regarding the Site(s) and/or Services, including suggestions regarding listing and pricing. You acknowledge and agree that you (as a Buyer, Seller, Charity, or other or multiple User types) are responsible for your own actions and decisions related to the Site(s) and/or Services.

Confidential Information. You agree to maintain the privacy of confidential information you receive through the Sites or Services, including, but not limited to, contact information for other Users; and you agree to use such confidential information only for the purpose for which is it provided to you.

Content Available on or Through the Site(s) or Services
Responsibility for Content. You understand that all material, data, and information, such as data files; written text; computer software; music, audio files or other sounds; photographs, videos, or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Site(s) and Services are the sole responsibility of the person from whom such Content originated. This includes assertions, whether express or implied, that persons may make about the provenance and ownership of Content that they supply, upload, list, and/or link to. You acknowledge that Stuff for Good does not make any representations or warranties about the Content, including, but not limited to, about the accuracy, integrity, or quality of the Content made available at the instigation of Users of the Site(s) and Services. You understand that by using the Site(s) and Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances is Stuff for Good liable in any way for any Content, including, but not limited to, any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to, or otherwise accessible or made available via the Site(s) and Services.

Licenses Associated with Content on the Site(s) and Services
Stuff for Good Content. All Content (other than computer software) owned by Stuff for Good and made available by Stuff for Good on or through the Site(s) or Services is licensed under the Creative Commons Attribution 3.0 Unported license unless marked otherwise.

Your Content. You retain the copyright to your Content that you provide on the Site(s) or in connection with the Services. You hereby agree that all Content you voluntarily provide to Stuff for Good on or through the Site(s) or Services is licensed under a Creative Commons Attribution 3.0 license, is not copyrightable, or is in the public domain (such as Content you or another make available under Creative Commons CC0). When you post Content, you designate Stuff for Good as the “Attribution Party” for the purposes of the Creative Commons Attribution 3.0 license, as defined therein, and grant permission for Stuff for Good to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under a Creative Commons Attribution 3.0 license, you must not provide it to Stuff for Good. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to Stuff for Good on the Site(s) or Services, you are licensing such Content under a Creative Commons Attribution 3.0 license in addition to any such other license that may apply to your Content and designating Stuff for Good as the Attribution Party for purposes of that license.

Third-Party Content. Third-Party Content and Third-Party Websites (as defined in “Third-Party Website Content and Links” below) that Stuff for Good links to or embeds in the Site(s), including, but not limited to, blogs and news feeds, are subject to the license terms accompanying such Content. For Third-Party Content and Third-Party Websites that Stuff for Good supplies, as a courtesy Stuff for Good will take reasonable steps to mark clearly any such Third-Party Content or Third-Party Websites that are not licensed under a Creative Commons Attribution 3.0 license, provided, however, that Stuff for Good cannot and does not make any guarantee or warranty whatsoever about the license terms of Third-Party Content or Third-Party Websites and provides all such information as is. We encourage you always to verify the license of any such Content before use.

Content You Provide. You may only submit Content to the Site(s) or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain, or that you have been expressly granted the right to submit consistent with the User Agreement. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without the express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant, and agree that no Content of any kind submitted, posted, or otherwise shared by you on or through the Site(s) or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contains libelous, defamatory, or otherwise unlawful material. Further, you represent, warrant, and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Stuff for Good may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content that Stuff for Good, in its sole discretion, determines violates the User Agreement or that may be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others. Stuff for Good does not endorse or support any Content posted by you or any other third party on or through the Site(s) or Services. You alone are responsible for creating backup copies of your Content and replacing any Content you post on the Site(s) or Services, and you authorize Stuff for Good to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Site(s) or Services. You may request the removal of your Content from the Site(s) or Services at any time, and Stuff for Good will take reasonable steps to remove such Content promptly, provided, however, that Stuff for Good can remove any such Content only from the Site(s) and cannot remove Content from email archives, wiki history pages and similar community forums where you may post Content, or others’ computers, such as Content you may have sent to others in an email posted to a Stuff for Good email list. If you choose to remove your Content, the license you granted when submitting such Content (see “Your Content” above) will remain in full force and effect in accordance with its terms.

Use of Content on the Site(s) or Services. You may use the Content you find on the Site(s) in accordance with the Creative Commons Attribution 3.0 Unported license unless marked otherwise. For the avoidance of doubt, you must attribute all Content (except public domain Content) to Stuff for Good. By using the Site(s) or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Site(s) without your own independent evaluation of that Content. Stuff for Good does not guarantee that Content made available on or through the Site(s) or Services does not infringe on the rights of any third party.

Proprietary Rights Restrictions. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site(s) and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site(s) or contained in a file that is uploaded to the Site(s).

All Stuff for Good trademarks and service marks, logos, slogans, and taglines are the property of Stuff for Good. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on the Site(s) without the express written permission of Stuff for Good or such third party that may own the trademark, service mark, logo, slogan, or tagline.

Visitor/User Suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Stuff for Good (“Comments”) are not confidential, and you hereby grant to Stuff for Good a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Comments as it deems appropriate for any and all commercial or non-commercial purposes in its sole discretion.

Third-Party Website Content and Links. The Site(s) may contain links to websites not controlled by Stuff for Good (“Third-Party Websites”) as well as Content belonging to or originating from persons or organizations other than Stuff for Good (“Third-Party Content”). Item descriptions are examples of Third-Party Content. You acknowledge that Stuff for Good is not responsible or liable for any Third-Party Websites or any Third-Party Content, information, or products made available at any Third-Party Websites. You further acknowledge that Stuff for Good (i) is not responsible or liable for any Third-Party Websites or any Third-Party Content, information, or products made available at any Third-Party Websites; (ii) has not reviewed any Third-Party Websites or Third-Party Content for accuracy, appropriateness, completeness, or non-infringement; (iii) has not sponsored or otherwise endorsed Third-Party Websites or Third-Party Content; and (iv) makes no representations or warranties whatsoever about any Third-Party Websites or Third-Party Content.

Modifications to These Terms of Use and Our Site(s) and/or Services. You agree and understand that the terms of this User Agreement, the Site(s), and /or the Services may be modified by us at any time in our sole discretion without prior notice, and such modifications will be effective immediately upon our posting of the new terms and/or upon implementation of the new changes to the Site(s) and/or Services. You acknowledge that Stuff for Good reserves the right to discontinue the Services or any features, functionality, or services provided as part of or in connection with the Site(s) and/or Services and to remove Content that violates the requirements set forth in this User Agreement without prior notice. You acknowledge that Stuff for Good reserves the right to charge for aspects of or additions to the Site(s) and/or Services in the future. You agree to review this User Agreement periodically so that you are aware of the most current rights and obligations that apply to your agreement with us. Your continued use of the Site(s) and/or the Services after any modifications indicates your acceptance of the modified User Agreement. The most current version of this User Agreement can be accessed at any time by selecting the applicable link on the bottom of any page on the Site(s). You understand that the Site(s) and Services are provided as a courtesy to you and that we may suspend or terminate all or a portion of the Site(s) and/or Services at any time in our discretion without notice to you. Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.

Assignment. You may not assign this User Agreement or your rights, interests, or obligations hereunder, by operation of law or otherwise, without our express prior written consent. Subject to the foregoing, this User Agreement shall be binding upon, inure to the benefit of, and be enforceable against the assignee and their respective successors and assigns.

Termination/Exclusion. We reserve the right to revoke, terminate, or suspend, in our sole discretion, any privileges associated with accessing the Site(s) and using the Services for any reason or for no reason whatsoever, including improper use of the Site(s) or the Services or failure to comply with this User Agreement, and to take any other action we deem appropriate. You agree that Stuff for Good shall not be liable to you or any third party for any termination of your access to the Site(s), Services, and/or to any Content therein.

Privacy Policy. Stuff for Good is committed to handling responsibly the information and data we collect through the Site(s) and Services and agrees to use your personal information in accordance with the Privacy Policy and the User Agreement. The Privacy Policy is hereby incorporated by reference into this User Agreement.

Paid Postings. Content from third parties may be posted in some areas of the Site(s). Any third party providing Content to the Site(s) is solely responsible for said Content and compliance with this User Agreement.

Disclaimers. YOUR USE OF THE SITE(S) AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, STUFF FOR GOOD, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AND/OR AGENTS (THE “STUFF FOR GOOD PARTIES”) OFFER THE SITE(S) AND SERVICES AS IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. STUFF FOR GOOD PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE(S) OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE STUFF FOR GOOD PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT OR MAKE ANY REPRESENTATION THAT EMAILS OR NOTIFICATIONS WILL OCCUR OR BE RECEIVED IN REAL TIME. THE STUFF FOR GOOD PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL STUFF FOR GOOD PARTIES BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES, SUFFERED OR INCURRED BY YOU OR THIRD PARTY(IES) THAT ARISE IN CONNECTION WITH THE SITE(S) OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE STUFF FOR GOOD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE STUFF FOR GOOD PARTIES FOR ANY COMMUNICATIONS AND TRANSACTIONS WITH ANY THIRD PARTY YOU MAY COME INTO CONTACT WITH AS A RESULT OF THE SITE(S) AND SERVICES, AND ANY ASSOCIATED TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS (“THIRD-PARTY INTERACTIONS”). YOU ACKNOWLEDGE THAT STUFF FOR GOOD DOES NOT SELL, BUY, OR TAKE POSSESSION OF ANY ITEM(S), EITHER FOR ITSELF OR ON BEHALF OF OTHERS. YOU AGREE THAT THE STUFF FOR GOOD PARTIES SHALL NOT BE LIABLE FOR, AND SHALL HAVE NO OBLIGATION TO BECOME INVOLVED WITH DISPUTES REGARDING, ANY LOSS OR DAMAGE OF ANY SORT RESULTING FROM THIRD-PARTY INTERACTIONS; AND YOU RELEASE THE STUFF FOR GOOD PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES OF ANY SORT ARISING FROM OR RELATED TO THIRD-PARTY INTERACTIONS. YOU EXPRESSLY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW THAT WOULD LIMIT THE PROTECTIONS OF THIS RELEASE TO INCLUDE ONLY CONDITIONS THAT MAY BE KNOWN OR SUSPECTED AT THE TIME OF AGREEING TO THIS RELEASE.

THE STUFF FOR GOOD PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR THROUGH THE SITE(S) OR SERVICES, INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITE(S) OR SERVICES; FOR YOUR USE OF OR INABILITY TO USE THE SITE(S) OR SERVICES; FOR VIRUSES, OTHER MALICIOUS SOFTWARE, OR DAMAGE TO HARDWARE RESULTING FROM THE SITE(S) OR SERVICES; OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON OR THROUGH THE SITE(S) IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE SITE(S) OR SERVICES.

IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (i) THE ADMIN FEE FROM THE ITEM RELATED TO THE ACTION GIVING RISE TO THE LIABILITY, (ii) THE AMOUNT OF FEES IN DISPUTE, NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US, IF ANY, IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (iii) $100.

Indemnification. You agree to indemnify, hold harmless, and defend the Stuff for Good Parties from and against any and all loss, liability, claims, causes, actions, damages, expense, costs (including, but not limited to, reasonable attorneys’ fees), or penalties, incurred or made against the Stuff for Good Parties in connection with any claim arising out of or related to (i) your use of the Site(s), the Services, or the Content; (ii) any breach of this User Agreement by you or your violation of any law or regulation; (iii) breach of your representations and warranties as set forth herein; (iv) any Content you provide to Stuff for Good; (v) any Items that you buy or sell in connection with the Site(s) or Services; (vi) any notifications or emails you receive or do not receive in connection with the Site(s) or Services; (vii) any taxes or other fees arising from any Transaction in connection with the Site(s) or Services; or (viii) any interactions you, or others at your request, direction, or cause, may have with other persons related to the Site(s) and/or Services. You agree to cooperate fully as reasonably required by a Stuff for Good Party. Each Stuff for Good Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Stuff for Good Party.

Refusal of Service. Stuff for Good, in its sole discretion, may refuse service to anyone at any time. Stuff for Good, in its sole discretion, may refuse to facilitate any Transaction and may stop facilitating any Transaction at any point. The Stuff for Good Parties shall not be liable to you or to any third party due to refusal of service or refusal to facilitate, or to continue to facilitate, a Transaction.

Governing Law. THE FORMATION, INTERPRETATION, AND PERFORMANCE OF THIS USER AGREEMENT AND ANY DISPUTES ARISING OUT OF IT SHALL BE GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS RULES ON CONFLICTS OR CHOICE OF LAW AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES OF AMERICA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this User Agreement.

Resolution of Disputes. This User Agreement contains a binding arbitration provision that may be enforced by the parties. Any controversy or claim arising out of or relating to use of the Site(s) or Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, to be heard and adjudicated by one arbitrator to be mutually chosen by you and Stuff for Good. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the metropolitan area of Dallas, Texas. Claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the state and federal courts located in the metropolitan area of Dallas, Texas, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or Stuff for Good may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the metropolitan area of Dallas, Texas, as may be necessary to protect the rights or property of you or Stuff for Good pending the completion of arbitration. Nothing in this paragraph shall be construed to prohibit a Buyer from filing a refund claim with the Seller or applicable state and/or local tax authority as permitted by law.

Injunctive Relief. You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to Stuff for Good as will be irreparable, the exact amount of which would be impossible to ascertain, and for which there will be no adequate remedy at law. Accordingly, you agree that Stuff for Good shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this User Agreement by you or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Stuff for Good in obtaining such an injunction, including, but not limited to, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.

Entire Agreement. The Terms constitute the entire agreement between Stuff for Good and you in connection with your use of the Site(s) and/or the Services and supersede any prior agreements between Stuff for Good and you regarding such matters, including prior versions of this User Agreement. In the event any of the terms or provisions of this User Agreement are determined to be invalid, illegal, or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this User Agreement, but such term or provision shall be deemed modified to the minimum extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the User Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature. The Terms are effective until terminated by Stuff for Good, which may occur at any time without notice. In the event of termination, the terms regarding disclaimers, limitations of liabilities, indemnities, disputes, fees, funds flow, content, your authorizations to us, completion of Transactions and resulting distribution of Item(s) and funds  set forth in the Terms will survive.

Copyright Complaint Policy. If you believe that any Content infringes on your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.

Contacting Us. If you have any questions about the Site(s) or Services or this User Agreement, you may contact us via email at ________. We are always glad to hear your questions and comments.