Date of Last Revision: April 21, 2023
Welcome to The Goodies Factory. The Goodies Factory is a family of companies that share a common mission. The Goodies Factory, Inc. operates www.TheGoodiesFactory.com, www.PoppinPopcorn.com, www.PoppinPopcornOnline.com and www.SupportMyFundraiser.org (the “Site”). The Goodies Factory, Inc.offers our mobile applications (collectively, called the “Mobile Application” below). These Terms & Conditions apply to your interaction with The Goodies Factory, Inc. or The Goodies Factory, Inc.(each sometimes called “The Goodies Factory”, “we”, “us” or “our” below). Your access to and use of the Site, including any content, information, materials, text, images, functionality, and services and products offered there, as well as your access to and use of the Mobile Application, including any of the foregoing offered on or through the Mobile Application, and your access to and use of any services offered by a The Goodies Factory company (collectively, called the “Services” below) is subject to these terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms and Conditions”). We may revise the Terms and Conditions from time to time without notice. Please review the Terms and Conditions carefully on a regular basis, as they may have changed since your last visit.
BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
1. Our Policies.
Our Privacy Policy (the “Privacy Policy”) and our Fundraising Policy (the “Fundraising Policy”) are hereby incorporated into these Terms and Conditions and made a part hereof. The latest copies of each are found on the Site and in the Mobile Application. Please read them carefully, as they are subject to change. To the extent of any conflict among these Terms and Conditions, the Privacy Policy and the Fundraising Policy, they shall govern and control in the following order: (a) the Privacy Policy, (b) the Fundraising Policy, and (c) these Terms and Conditions.
2. Use of Content.
The text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content (collectively, the “Content”) on the Site and the Mobile Application are the property of The Goodies Factory and its affiliates and licensors, and may be protected by copyright and other proprietary rights. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal, non-commercial use. Please note that we may withdraw any Content from the Site or Mobile Application at any time in our sole discretion. By downloading, printing, or otherwise using any of the Content, you agree that you will (a) restrict your use of such Content to personal and non-commercial use, (b) comply with these Terms and Conditions, and (c) not violate the rights of The Goodies Factory or any other person or entity. Unauthorized commercial publication or exploitation of Content is prohibited without our express written consent. If you wish to use any of the Content in any way other than as authorized by these Terms and Conditions, you must first obtain our written permission. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a fee for such use.
3. User Accounts.
In order to access certain portions of the Services or areas of the Site and/or Mobile Application, you may be required to create a user account (a “User Account”). At this time, only residents of the United States may create User Accounts or otherwise use the Site and/or Mobile Application. You may never use another party’s User Account without such party’s express written authorization. You represent, warrant and agree that all information which you provide through any portion of the Site and/or Mobile Application in connection with creating your User Account, fundraising or otherwise is and will be current, accurate, legally compliant and complete. You are solely responsible for all use connected with your User Account. You are solely responsible for maintaining the security of your User Account login credentials (username, password, etc.). You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account, except where such unauthorized use is the direct result of our gross negligence or willful misconduct.
4. Trademarks.
Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site and/or Mobile Application are our registered and/or unregistered common law trademarks or those of our affiliates and licensors. Nothing contained on the Site and/or Mobile Application should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site and/or Mobile Application without our express written permission or that of the third party that owns the Trademark. Any unauthorized use of the Trademarks is prohibited.
5. Digital Millennium Copyright Agent.
For purposes of the Digital Millennium Copyright Act ( “DMCA”), we have designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact us as set forth in the paragraph below entitled “Contact Information” below.
6. Minors.
The Site, the Mobile Application and the Services are only available only to, and may only be used by, individuals who are 18 years and older, except as provided herein. Individuals under the age of 18 can use them only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all use. Users of the Site, the Mobile Application and the Services who are California residents and are under 18 years of age may request and obtain removal of any User Content (as defined below) which they authored by emailing us at [email protected] .
7. FTC Disclosure Policy.
The Federal Trade Commission requires The Goodies Factory to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made by The Goodies Factory. The views and opinions expressed on the Site, the Mobile Application and the Services are purely our views and opinions or those of the users of The Goodies Factory who maintain User Accounts. If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement except as disclosed in writing.
8. Fraud Protection.
As part of our order processing procedures, we may screen Site and/or Mobile Application activity for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to provide services due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may contact you at the phone number or email address you provided. We also reserve the right to cancel any User Accounts or refuse to provide services due to suspected fraud or unauthorized or illegal activity.
9. Links to Third-Party Websites and E-Mail Addresses.
The Site, the Mobile Application and the Services may contain links to third-party websites. The linked sites are not under The Goodies Factory’s control and we are not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. The Site, the Mobile Application and the Services may also contain links to the e-mail addresses of various employees or other service providers for purposes of feedback and communication regarding The Goodies Factory and our products and services. By clicking on a link to an employee’s or other service provider’s e-mail address, you may leave The Goodies Factory and enter into an area, such as one controlled by your e-mail service provider, which these Terms and Conditions do not govern. We assume no responsibility or liability with respect to your entering such area.
10. Links to the Site and/or Mobile Application.
If you arrive at the Site and/or the Mobile Application from a third-party link, please note that such link to or solicitation for the Site and/or the Mobile Application does not imply a relationship with, or endorsement of, the third-party website or its content, purpose, policies or practices.
11. Non-Malicious Use.
You agree not to use or launch any automated system, including without limitation, “bots”, “spiders” or “offline readers”, that accesses the Site and/or the Mobile Application in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including names or other information related to User Accounts, from the Site and/or Mobile Application, nor to use the communication systems provided by The Goodies Factory, including, for the avoidance of doubt, the chat feature, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Mobile Application or features that prevent or restrict use or copying of any Content or enforce limitations on use the Site and/or Mobile Application and/or the Content. You agree that your access and use of the Site, Mobile Application, and/or Services must comply with all applicable federal, state, local, and international laws and regulations. Your use of the Site, Mobile Application, and/or Services must not promote any illegal activity, or advocate, promote, or assist any unlawful act.
12. User Submissions.
You agree that any information you provide through the Site, Mobile Application or Services ( “User Content “) will be truthful, accurate and complete. For illustrative purposes, User Content may be provided in account information, in Stores (as defined in the Fundraising Policy) and in chats. We have no obligations regarding User Content except as specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any User Content to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity. By uploading the User Content, you hereby grant The Goodies Factory and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless The Goodies Factory and its contractors and employees, from (i) all liability and claims for invasion of privacy, publicity or libel, (ii) any liability and claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability and claims for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of The Goodies Factory in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or The Goodies Factory’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You further acknowledge and agree that The Goodies Factory may preserve User Content and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Goodies Factory, its users or the public. By using the Site, the Mobile Application, and/or the Services, all Users consent to The Goodies Factory’s inclusion of such User Content in The Goodies Factory’s marketing and advertising materials. For further information on how The Goodies Factory may use and share User Content, refer to the Privacy Policy.
13. Limited Access.
From time to time, the Site, Mobile Application, and/or Services may be inaccessible or inoperable for various reasons, including equipment malfunctions, updates, maintenance and repairs and causes beyond our control or those that are not reasonably foreseeable. We are not obligated to compensate you for these conditions.
14. WARRANTY DISCLAIMERS.
THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE, THE MOBILE APPLICATIONS AND THE SERVICES ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE WE OFFER BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT SUCH CONTENT IS SUITABLE FOR YOUR NEEDS, COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, THE MOBILE APPLICATIONS OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, AND YOU HEREBY ACKNOWLEDGE THAT SUCH DOWNTIME MAY AFFECT YOUR STORE (AS DEFINED IN THE FUNDRAISING POLICY), SALES, AND YOUR PARTICIPATION IN SALES CONTESTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE GOODIES FACTORY, NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “THE GOODIES FACTORY PARTIES”), SHALL HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES ARISING OUT OF LOSS OF REVENUE, LOST PROFITS, OR LOSS OF DATA (EVEN IF THE GOODIES FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO (A) THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE, THE MOBILE APPLICATION, AND/OR THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, THE MOBILE APPLICATION, AND/OR THE SERVICES; (C) THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITE, THE MOBILE APPLICATION, AND/OR THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF USER CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL THE GOODIES FACTORY COMPANIES TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE GREATEST OF (1) THE AMOUNT YOU HAVE PAID ALL OF THE GOODIES FACTORY COMPANIES IN THE SIX (6) MONTHS PRIOR TO A CLAIM ACCRUING, (2) THE AMOUNT YOU HAVE SOLD IN A STORE MADE AVAILABLE THROUGH THE MOBILE APPLICATIONS FOR SUCH SIX-MONTH PERIOD (IF YOU OPERATE A STORE), OR (3) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN OF THE FOREGOING. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
16. Indemnity.
You agree to indemnify and hold the The Goodies Factory Parties harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (a) your breach of these Terms and Conditions; (b) your violation of any third-party right; and (c) your illegal conduct.
17. Reservation of Rights.
We specifically reserve all rights that we do not expressly grant in these Terms and Conditions.
18. Contact Information.
If you wish to contact us regarding (a) information on our products and services, (b) permission to reproduce or use any Content, (c) notices of claimed infringement under the DMCA, or (d) any other reason, please contact (the “Copyright Agent”):
• THE GOODIES FACTORY, INC./ POPPIN POPCORN
• 1038 Washington Avenue
• Holland, MI 49423
• Phone: 616-395-3663
• E-mail: [email protected]
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to The Goodies Factory’s Customer Service. You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid. We provide this contact information for purposes of the DMCA only and reserve the right to respond only to communication that is relevant for this purpose.
19. Termination.
The Goodies Factory reserves the right to discontinue any aspect of the Site, Mobile Application, and/or Services at any time; provided, however that we will use reasonable efforts to communicate such plans in advance.
20. Severance and Waiver.
In the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, you and we agree that the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.
21. Venue and Choice of Law.
IMPORTANT NOTICE: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THIS SECTION 21, BY USING THE SITE, THE MOBILE APPLICATIONS OR THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THIS SECTION 21 CAREFULLY.
You acknowledge and agree that: (a) the Site, Mobile Application, and Services shall be deemed solely based in Michigan; and (b) the Site, Mobile Application, and Services shall be deemed not to give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Michigan. These Terms and Conditions are governed by the laws of the State of Michigan, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions, the Site, the Mobile Application or the Services shall be settled by binding individual arbitration in Holland, Michigan. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The party seeking to initiate arbitration must notify the adverse party in writing of a Demand for Arbitration. If the parties cannot mutually agree on an acceptable arbitrator within twenty days after the adverse party has received the Demand for Arbitration from the initiating party, the parties shall submit a joint-request for arbitration to the American Arbitration Association ( “AAA”), and shall allow the AAA to select the arbitrator. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a panel of three arbitrators each experienced in commercial contract disputes for at least seven (7) years and each having presided over at least five (5) previous arbitration matters, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any potential arbitrator who is employed by or affiliated with a competing organization or entity thereby resulting in a conflict-of-interest. An award of arbitration may be confirmed in a court of the State of Michigan, and in the event of non-compliance with the arbitration ruling, the prevailing party may seek to enforce the arbitration decision in the Michigan courts.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU, ON THE ONE HAND, AND THE GOODIES FACTORY, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY), WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE, THE MOBILE APPLICATION OR THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing provisions of this Section 21, (a) we shall be entitled to obtain injunctive relief and specific performance from any court of competent jurisdiction, for example, to stop you from using the Site, the Mobile Application or the Services in a manner that violates these Terms and Conditions, and (b) you shall be entitled to bring an individual action in small claims court.
22. Timing of a Claim.
ARBITRATION MUST BE INITIATED BY THE AGGRIEVED PARTY WITHIN ONE (1) YEAR OF THE ALLEGED CONDUCT THAT MAY GIVE RISE TO ANY CAUSE OF ACTION OR DISPUTED MATTER TO BE ARBITRATED THAT ARISES OUT OF OR IS RELATED TO THE SITE, MOBILE APPLICATIONS, SERVICES AND/OR THESE TERMS AND CONDITIONS. IF ARBITRATION IS NOT INITIATED WITHIN ONE (1) YEAR OF A DISPUTE OR CAUSE OF ACTION COMING INTO EXISTENCE, SUCH CAUSE OF ACTION CANNOT BE PURSUED AND IS PERMANENTLY BARRED FROM ARBITRATION AND LITIGATION.
23. Prevailing Parties.
In the event of any action to enforce or interpret any provision of these Terms and Conditions, including arbitration proceedings, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorneys’ fees to be paid to the prevailing party will be decided by the tribunal in which the matter is heard, tried, or decided, including any arbitration panel, court(s), or appellate court(s).
24. Entire Agreement.
You agree that these Terms and Conditions (including, without limitation, the Privacy Policy and the Fundraising Policy) constitute the entire agreement between you and us with respect to your use of the Site, Mobile Application, and/or Services. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Site, Mobile Application, and/or Services.
Fundraising Policy
Date of Last Revision: July 16, 2020
BY ACCESSING ANY PORTION OF THE SITE OR ANY MOBILE APPLICATIONS, OR BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS FUNDRAISING POLICY. WE WILL INFORM YOU REGARDING ANY MODIFICATIONS BY EITHER NOTIFYING YOU VIA YOUR DESIGNATED EMAIL ADDRESS OR BY POSTING THE CHANGES ON THE SITE.
All capitalized terms not otherwise defined herein shall have the meanings set forth in the Terms and Conditions. We may revise this Fundraising Policy from time to time without notice. Please review it carefully on a regular basis, as it may have changed since your last visit.
1. Our Policies.
Our Terms and Conditions, the most recent version of which may be viewed on the Site or through our Mobile Application (the “Terms and Conditions”) and our Privacy Policy, the most recent version of which may be viewed on the Site or through the Mobile Application (the “Privacy Policy”), are hereby incorporated into this Fundraising Policy and made a part hereof. Please read our Terms and Conditions and Privacy Policy carefully, as the terms and conditions are subject to change. To the extent of any conflict among this Fundraising Policy, the Terms and Conditions and the Privacy Policy, following shall govern and control in the following order: (a) the Privacy Policy, (b) this Fundraising Policy; and (c) the Terms and Conditions.
2. Fundraisers.
As a part of the Services, we have created a fundraising service platform ( “Fundraising Service”) that allows users to create their own online store or shop pages through the Mobile Application (each a “Store” or “Shop”) and promote the Stores via social media and other online channels approved in writing in advance by us. Notwithstanding the foregoing, The Goodies Factory reserves the right to discontinue any Fundraising Service at any time.
1. Organizers:
An organizer (“Organizer”), is an authorized individual who accesses and manages fundraiser information and/or information about the beneficiary of the fundraiser. For illustrative purposes, an Organizer may be a gym owner, program director, coach, team parent, or parent who accesses and manages gym/program/team/studio information. Organizers are able to create an “Organizer Account” on the Site or on the Mobile Application that will allow them to add a fundraiser to their Organizer Account and to edit their fundraiser profiles, including names, addresses, and as well as payout information of Sellers (as defined below). Only Organizers can select whether proceeds from a fundraiser will ultimately be paid to an organization or directly to Sellers as beneficiary/ies of the fundraiser. Organizers must be able to accept payments to accounts or addresses based in the United States; at this time, The Goodies Factory cannot and will not send payments outside of the United States.
2. Sellers:
A seller (“Seller”) is a user and fundraiser participant who sells products through The Goodies Factory’s platform by creating a Seller account (“Seller Account”) and an associated Store. For illustrative purposes, a Seller may be a team member, student, parent, or guardian. Each Seller must be associated in our records with an Organizer. An Organizer may also be a Seller. Each Seller may create and maintain only one Seller Account. Creating multiple Seller Accounts, using aliases or proxy Seller Accounts, or engaging in similar conduct designed to conceal a Seller’s true identity or to enable a Seller to transact business with The Goodies Factory under more than one Seller Account is strictly prohibited. A Seller may create a Seller Account only on the Mobile Application and manage the associated Store on the Mobile Application and Site. Sellers must be able to accept payments to accounts or addresses based in the United States; at this time, The Goodies Factory cannot and will not send payments outside of the United States. A Seller shall have no claims against us with respect to an Organizer’s handling of sale proceeds.
3. Buyers:
A buyer (“Buyer”) is any user that purchases products from a Store. A Buyer may also be a Seller, Organizer or both. A Buyer may purchase products from a Store through either the Site or the Mobile Application. Buyers must be able to make payments from an account in the United States and to accept shipments at an address in the United States; at this time, The Goodies Factory cannot and will not accept payments from outside of the United States or ship goods outside of the United States.
4. Our Platform:
We provide a platform for fundraising. We are not a broker, financial institution, creditor or charity. All information and content provided by through our platform relating to fundraising is for informational purposes only, and we do not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any donations, you should consult your financial, legal, tax or other professional advisor as appropriate. We have no control over the conduct of, or any information provided by, any fundraiser. We do not guarantee that a fundraiser will obtain a certain amount of donations or any donations at all. We do not endorse any campaign or cause except as expressly stated in writing, and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any campaign. As a donor, you must make the final determination as to the value and appropriateness of contributing to any campaign. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that an Organizer is not raising or using the funds for their stated purpose, please alert our team of this potential issue and we will investigate.
5. Prohibited Conduct:
The following are examples of User Content and/or use that is prohibited and possibly illegal. This list is not exhaustive and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms or spirit of this Fundraising Policy and the Terms of Use. We further reserve without limitation, the right to remove the offending User Content, suspend or terminate the account of such violators, stop payments to any such fundraiser, freeze or place a hold on donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. Without limiting the foregoing, you agree not to use the Services to:
A. raise funds or establish or contribute to any fundraiser with the implicit or explicit purpose of or involving:
1. violating any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
2. any election campaigns;
3. content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
4. drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
5. knives, explosives, ammunition, firearms, or other weaponry or accessories;
6. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
8. campaigns we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
9. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
10. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
11. pornography or other sexual content;
12. offensive, graphic, perverse or sensitive content;
13. the sale of items before the seller has control or possession of the item;
14. collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as designated by The Goodies Factory;
15. credit repair or debt settlement services;
16. the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the campaign;
17. publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
18. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
19. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
20. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
21. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
22. unauthorized sale or resale of brand name or designer products or services;
23. sale of goods or services that are illegally imported or exported;
24. processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
25. collecting or providing funds for any purpose other than as described in a campaign description;
26. any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
27. any other activity that we may deem in our sole discretion to be unacceptable.
B. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type; or
C. interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
D. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
E. raise funds for a minor without the express permission of the minor’s parent or legal guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
1. not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
2. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
3. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by us from time to time;
4. to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for us to verify compliance and make such records available to us upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
5. at our request, including without limitation in case of investigations by us, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
We reserve the right to refuse, condition, or suspend any donations or other transactions that we believe in our sole discretion may violate terms or harm the interests of our users, business partners, the public, or us, or that expose you, us, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your donors, your donations, and transactions made through or in connection with your use of the Services.
3. Procedures.
As a part of the Fundraising Service:
1. The Organizer will receive a sign-up link by email to share with potential Sellers. Sellers will click on the link to create/open a Store. After the Store is opened, Sellers share the link to the Store with potential Buyers for them to buy products from the Store.
2. We will use the information you provide to: (i) manage your account; (ii) provide you and your contacts with customer support; (iii) process payment for any purchases made; (iv) enforce our Terms and Conditions; and (v) manage our business.
3. We also may disclose your information:
o (i) In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
o (ii) When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our terms and conditions or other agreements or policies.
4. We will not share, sell, use or otherwise distribute the contacts or communicate with the contacts you provide us other than for providing the Fundraising Service or if we give you an opportunity to opt out of having your information shared.
4. Payments.
1. Buyer Payments for Products.
If you are a Buyer, you agree to pay in full the prices (and all applicable taxes and shipping and handling fees) for any purchases you make either by credit / debit card concurrent with your online order or by other payment means acceptable to us. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase through the Site or the Mobile Application may be subject to additional terms and conditions presented to you at the time of such purchase.
2. Our Payments.
A. Process. A Buyer purchases products online, either through the Site or the Mobile Application, from a Seller’s Store and remits payment to The Goodies Factory for the products’ item price, any applicable taxes, and any applicable shipping and handling costs. The Goodies Factory will ship the products to the Buyer. The Goodies Factory is responsible, where required, for submitting any collected sales tax to the applicable tax collection agencies. The Goodies Factory will pay fifty percent (50%) of the purchased products’ item price (which, for the avoidance of doubt, does not include any taxes, shipping and handling costs, or other fees) (the “Payout”) to the Organizer responsible for the Seller’s Store where Buyer made the purchase. In some circumstances, The Goodies Factory will pay the Payout directly to the Seller, as described below in Section (4)(2)(B).
B. Payment Details. We generally remit payment of the Payout to the Organizers on a weekly basis through a company check. We may remit payment of the Payout directly to the applicable Sellers at our discretion or if the Organizer elects, in its discretion, for payments to be made directly to Sellers, fails to withdraw funds after a period of sixty (60) days, becomes inactive, or otherwise cannot or will not accept the payment. Payments made directly to Sellers will be remitted using a company check. Any transfers of payments among Organizers and Sellers is entirely the responsibility of the Organizers and Sellers and is subject to their separate agreement(s) with each other, to which The Goodies Factory is not a party. For example, Organizers that receive payments on behalf of Sellers are solely responsible for crediting such funds to the Sellers. The Goodies Factory is not responsible or liable for any such transfers or credits or lack thereof. The Goodies Factory’s responsibility with respect to any Payout ends with the payment of the Payout to either the applicable Organizer or Seller(s).
C. Disputes. If an Organizer or a Seller disputes any payment of a Payout, including, without limitation, if an Organizer claims that a payment was owed but not paid or that a Payout was not paid in full, the Organizer or Seller must notify The Goodies Factory of the dispute in writing within six (6) months of when the payment was made or allegedly should have been made. Such notice must include identifying information of the Organizer, Seller, fundraiser, payment amount, payment due date, and an explanation of any alleged discrepancies. If such notice is not timely provided, the dispute is deemed null and void and the Organizer and Seller waive any right to collect the alleged underpaid amount.
3. Claw-backs.
Should any charge-backs, returns, Buyer-side payment cancellations, disputed credit card / debit card charges, voided transactions, insufficient funds/bank-refusals to pay, or similar situations arise, where we are not fully compensated for our products or services (“Buyer Non-Payment”), we reserve the right to treat such transaction as void and deduct any uncollected amounts from either or both of the Seller’s Store and the Organizer’s sales. In addition, if we have transmitted funds to the Organizer or Seller in anticipation of Buyer payment and the payment is a Buyer Non- Payment, the Seller Account will reflect a negative balance to be deducted from the Seller’s future sales.
4. Buyer Returns.
All order cancellations must be made by Buyers within forty-eight (48) hours of making a purchase. If your product arrived damaged or contaminated in any way, please contact us directly at [email protected]. All damaged goods or product quality claims must be made within seven (7) days of delivery, otherwise we shall have no obligations to refund purchase price or replace product. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE DO NOT ISSUE REFUNDS AND WE DO NOT ACCEPT RETURNS.
5. Referral Policy.
A “Referral Bonus” is a bonus that we may pay, designed to generate new business prospects for us. Attempts to generate Referral Bonuses for referrals to one’s self, to one’s affiliates, or to Organizers, Sellers, Buyers or others who have been previously referred, are not valid referrals for purposes of the Referral Bonus. Such conduct is strictly prohibited and a violation of this Fundraising Policy. In the event of a disagreement as to whether a proposed referral is eligible for a Referral Bonus, The Goodies Factory’s determination shall be final and binding.
6. Sales Contests.
The Goodies Factory may offer sales contests from time to time, and such sales contests or fundraising competitions will be subject to the terms and conditions of each sales contest. See the official rules which accompany each contest for further details.
7. Transaction History.
Transactions and login sessions may be logged and tracked by us and information about their transactions may appear publicly in the “Recent Buyers” section or other sections of TheGoodiesFactory.com By using the Site, the Mobile Application, and/or the Services, you consent to such tracking and public disclosure of your use of the Site, Mobile Application, Services, transactions and purchases.
8. Anti-Bullying.
You agree not to use our Site, Mobile Application, and/or Services (including, without limitation, the chat function) to bully others. If you become aware of bullying, please report it immediately to: [email protected]. The best protection against bullying is to learn how to recognize it and how to stop it. Here are some tips:
1. If you feel you’re in immediate danger, contact your local authorities.
2. Reach out to a family member, counselor or teacher, who can give you the help and support you need.
3. Print or take a screenshot of it in case you need to share it later.
9. Site Restrictions.
We may, in our sole discretion, without notice or liability, suspend, terminate, limit, or otherwise restrict Organizer accounts, Seller accounts, and/or Buyer accounts, as well as the use of the Site, Mobile Application, and the Services for any conduct we reasonably determine warrants such suspension, termination or restrictions, including but not limited to a violation of terms, illegal activity, damaging or harassing conduct, or any other such user, Buyer, Seller, or Organizer actions that cause difficulty or burden to The Goodies Factory in rendering efficient and effective services.
10. Communications.
By using the Site, the Mobile Application, and/or Services and by providing personal contact information to us, you (whether a User, Buyer, Seller, Organizer or otherwise) consent to and authorize us to contact you and to communicate with you via e-mail, physical mail, text messaging, phone calls and other means. You may opt out of communications by contacting us by email with “opt out” in the subject line or via settings within the Mobile Application. For additional details, refer to the Privacy Policy.