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THESE TERMS OF USE WERE LAST MODIFIED ON MARCH 27, 2025.
These Terms and Conditions (“Agreement”) constitute an agreement between you and HumanGood (“HumanGood”, “we”, “our”, or “us”) regarding your access and use our website at www.humangood.com and any other location where this Agreement is posted (“Services”).
YOU AGREE THAT DISPUTES BETWEEN YOU AND US CONCERNING YOUR USE OF THE SERVICES WILL BE RESOLVED PURSUANT TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN SECTION 10 BELOW, WHICH MAY INCLUDE INDIVIDUAL BINDING ARBITRATION. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 10 BELOW.
By accessing and/or using the Services, you represent you are at least 18 years of age, or the age of consent in the jurisdiction in which you access and/or use the Services. Our Services are not directed to children under the age of 18. By using the Services, you represent and warrant that: (i) you can form a binding contract with us; (ii) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction (i.e., you do not appear on the U.S. Treasury Department list of Specially Designated Nationals or face any other similar prohibition); and (iii) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
By using the Services, you agree not to:
We reserve the right to investigate, and take any available action in response to any unauthorized use of the Services, including but not limited to termination of your account.
Our Services may contain links to third-party websites that are not owned or controlled by HumanGood. HumanGood has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party websites or Services.
By agreeing to this Agreement, you also confirm that you have read and understand our Privacy Policy.
You acknowledge that the Services and all materials on the Services, including without limitation to the Services’ design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Services, including without limitation to trademarks registered in the United States (collectively, “Marks”) are the sole property of HumanGood. In addition, all page headers, custom graphics, and custom icons are Marks of HumanGood.
HumanGood grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services as intended by HumanGood, and as permitted by this Agreement. All rights not expressly granted herein are reserved by HumanGood. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
Some of the Services may, from time to time, have features that contain features for wireless device users (“Mobile Features”) and may allow you to opt-in to mobile services including SMS and/or MMS messaging, chatting, or other related services (“SMS Messaging”). Your wireless provider may charge you for using Mobile Features or SMS Messaging, including fees related to the receipt of text messages or related to the transmission of data from your mobile device.
In order to receive Mobile Features or utilize SMS Messaging, your wireless provider may require you to purchase additional services, and you may have to pay additional fees for those services. You agree that you understand, have knowledge of and accept the fees that your wireless provider may charge you and that HumanGood is not charging you and is not responsible for those fees. If you change or deactivate the phone number you provided to us upon sign up for any Mobile Features or SMS Messaging, you agree to update your account to ensure that any SMS messages intended for your receipt are not sent to any person who may acquire your phone number in the event your wireless provider reassigns your number.
We may also send you e-mail communications.
You may opt-out of text and e-mail communications by contacting us below.
Disclaimer of Warranties. Subject to applicable law, HUMANGOOD makes the following disclaimers of warranties. HUMANGOOD disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in results provided on the Services, OR DELIVERY OF ANY SERVICES. HUMANGOOD disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material made available through the Services, OR DELIVERY OF SERVICES. HUMANGOOD provides the Services on an “as is” and “as available” basis with no warranties whatsoever. HUMANGOOD expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranty of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. HUMANGOOD further disclaims any warranties regarding the security, reliability, timeliness, and performance of the Services. HUMANGOOD further disclaims any warranties relating to any information obtained through the Services, CLOTHING PURCHASED THROUGH THE SERVICES, OR OTHER SERVICES RENDERED, any links provided by the Services, as well as any information received through any of the links provided in the Services.
Limitation of Liability. Subject to applicable law, under no circumstances shall HUMANGOOD be liable for any direct, indirect, incidental, consequential, special, exemplary, and/or punitive damages, whether such damages or a claim for such damages is based on warranty, contract, tort (including negligence), or other claim available under applicable law, even if HUMANGOOD has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from inability to use the Services, or from the interruption, suspension, or termination of the Services (including such damages incurred by any third parties). This limitation shall also apply with regard to damages incurred by reason of other Services, as well as by reason of any information or advice received through the Services or through links provided on the Services, PRODUCTS DELIVERED, OR PERFORMANCE BY HUMANGOOD EMPLOYEES OR CONTRACTORS, or products purchased through the Services. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or Services, lost profits, lost data, loss of business goodwill, loss of reputational goodwill, or other such damages. Such limitation shall further apply with regard to the performance or non-performance of the Services or any information that appears on, or is linked or related in any way to the Services. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (us) to the extent such cap is permitted under applicable law.
Indemnity. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless HUMANGOOD and its respective officers, directors, agents, and employees from any and all complaints, demands, claims, damages, losses, costs (including attorneys’ fees), PENALTIES AND/OR OTHER expenses, due to, arising out of, or relating in any way to your access or use of the Services, or your violation of this Agreement.
Under no circumstances shall HumanGood be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
10. Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver
Disputes. The terms of this Section 14 shall apply to all Disputes between you and HumanGood. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and HumanGood arising under or relating to your use of the Services, this Agreement, or any other transaction involving you and HumanGood, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND HUMANGOOD AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY HUMANGOOD FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF HUMANGOOD.
Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to HumanGood (see section 17 for our address) within thirty (30) calendar days of your initial agreement to this Agreement (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.
Dispute Notice. In the event of a Dispute, you or HumanGood must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to HumanGood must be addressed to “HumanGood Notice Address” and sent to HumanGood, 1900 Huntington Drive, Duarte, CA 91010. The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If HumanGood and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or HumanGood may proceed to mediation as articulated in this Section. You and HumanGood will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.
Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section.
Binding Arbitration. In the event mediation is unsuccessful, you and HumanGood agree: (1) to arbitrate all Disputes between you and HumanGood pursuant to the provision of this Agreement; (2) this Agreement memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in this Agreement.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND HUMANGOOD AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND HUMANGOOD AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
MASS ACTION WAIVER. You and HumanGood agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and HumanGood expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Hearing Format. Unless otherwise agreed, the arbitration shall take place in California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by HumanGood or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HumanGood is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
Arbitration Fees. HumanGood will pay, or (if applicable) reimburse you, for all AAA (as applicable) filing, administration, and arbitration fees for any arbitration commenced by you or HumanGood pursuant to this Agreement. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.
Exclusive Venue for Other Controversies. HumanGood and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
California users are entitled to the following consumer rights notice: The Services are provided by HumanGood. If you have a question or complaint regarding the Services, please contact us (see section 17 for how to contact us). California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Agreement to be unenforceable, the remaining portion of this Agreement will continue in full force and effect.
This Agreement is effective until terminated either by us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time with or without notice, and may deny you access to the Services or any portion thereof as a result. You may also terminate this Agreement at any time by discontinuing your use of the Services. Upon termination of this Agreement by us or you, you must destroy all materials obtained from the Services, including any and all copies of such materials whether made under this Agreement or otherwise.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against HumanGood arising from or relating to the use of the Services must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred.
This Agreement constitutes the entire agreement between you and HumanGood. If any parts of this Agreement are determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation or risks, and the remainder of this Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. You agree that your account is non-transferable and all of your rights to your account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind HumanGood.
If you have any questions about this Agreement, contact us in writing or via email at:
HumanGood
Attn Legal Department
1900 Hunting Drive
Duarte, CA 91010
OR
E-mail: Bethany.Ghassemi@humangood.org
As an equal opportunity housing provider and employer, HumanGood provides housing and employment opportunities regardless of race, color, national origin, religion, sex, sexual orientation, gender identity, physical or mental disability, familial status or any other classification protected by law.