Terms and Conditions

Mighty Good Things Foundation ("Mighty Good Things" or "MGT") is a nonprofit corporation recognized by the IRS as a 501(c)(3) public charity that enables people to donate used household items and recommended charities or charitable causes that they would like MGT to support with their donation.

In connection with our efforts to enable charitable giving, we provide various online tools and services to facilitate the donation, documentation and sale of goods to fund charitable organizations. We will collectively refer to the services we provide as the "Service(s)." The Services may be made available through MightyGoodThings.org (this "Website"), installed software, and various communication mediums such as email, SMS, telephone and mobile messaging.

These Terms and Conditions (collectively, these "Terms") govern your use of the Services, and by using the Services in any way, you agree to be bound by these Terms and our Privacy Policy. We may make changes to these Terms, and your continued use of the Services constitutes your acceptance of any such changes.

Definitions
1. "We," "Us", "Our", "MGT",or "Mighty Good Things" as used herein means Mighty Good Things Foundation.
2. "You" or "Your" or the "Donor" as used herein means an individual person over 18 years of age engaged in using the Services.
3. "Nonprofit" as used herein means a US organization classified by the IRS as a 501(c)(3) public charity qualified under Sections 509(a)(1) and 509(a)(2), or 501(c)(3) private operating foundation, or a public school.
4. "Donation Intake Service" means any method or service you use to physically transfer items to us or one of our agents or service providers, and which is enabled or paid for by Us in connection with the Services.
5. "Donated Item" means a single physical item, or set of items intended to be treated as a single unit, that you donate to MGT using any Donation Intake Service.
6. "Donation Order" means a collection of one or more Donated Items that you donate at the same time, and which may be referenced together using a single order number.
7. "Prohibited Item" means any Donated Item that meets one or more of the criteria listed in Section 4 ("Prohibited Donations"), in our sole discretion.
8. "Saleable Item" means any Donated Item that can reasonably be sold to yield a positive contribution to the Net Charitable Distribution, in our sole discretion.
9. "Net Charitable Distribution" or means the portion of proceeds attributed to a given Donation Order that will be distributed to Charities, after deducting all related expenses to receive, list and sell said items, as described in Section 5 ("Donation handling and distribution of proceeds).
10. "Recommended Nonprofit" means a Nonprofit, recommended by the Donor using the Services, that you would like MGT to support with your donation.
11. "Designated Charitable Cause" means a charitable emphasis, designated by the Donor using the Services, that you would like MGT to support with your donation.
Our relationship with you
1. You can cannot transfer or assign any rights or obligations you have under these Terms to anyone at any time.
2. MGT can assign its rights under these Terms at any time.
3. We may provide notice to you by updating this Website or emailing you, and such notice will be deemed received by you within 24 hours of emailing you or posting it on this Website.
4. Notices to MGT must be mailed to:
  
  Mighty Good Things Foundation
  4110 SE Hawthorne Blvd #637
  Portland, OR 97214
5. There is no relationship of partnership, joint venture, agency, employer-employee, franchise, or similar relationship established or implied by these Terms or any course of conduct between you and MGT.
6. You are not granted a license to any software by these Terms.
7. These Terms are the complete and exclusive statement of the mutual understanding of between you and MGT and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. There shall be no oral agreements or understandings, or changes, alterations, variations, or amendments to or modification of any of the terms, provisions, covenants, or conditions of these Terms unless made and executed in writing and signed by both you and MGT.
Your account with MGT
1. You can only have one account.
2. You can only have an account if you are over 18 years of age and it is not otherwise illegal in your area of residence to use MGT.
3. You agree not to create or maintain an account on behalf of someone else.
4. You must provide truthful and accurate information when registering for your account, and you agree to make sure your account information is maintained, truthful and accurate at all times.
5. You are responsible for maintaining your password and other account information and keeping it secure.
6. You agree to receive communications from Us regarding your account, your donations and other matters from time to time that We consider to be essential to using the Services ("Transactional Service Communications"). If you do not wish to receive Transactional Service Communications, you must delete your account.
7. We may terminate your account for any reason or no reason, at any time.
Prohibited Donations
1. Individual items not worth the expected cost to resell them, in Our sole discretion.
2. Items that are not ready for resale in their current condition.
3. Broken, defective, damaged or heavily soiled items.
4. Prohibited and restricted items on eBay, which are described here.
5. Restricted items on Amazon, described here.
6. Prohibited items on Bonanza, described here.
Donation handling and distribution of proceeds to charities
1. Your donation is made to Mighty Good Things Foundation, a nonprofit corporation recognized by the IRS as a 501(c)(3) public charity. Donor contributions represent irrevocable non-contingent donations to MGT and, once accepted, are not refundable. MGT has exclusive legal control over the assets contributed to it, and has ultimate control over use of the assets for charitable purposes.
2. You are encouraged to recommend that the Net Charitable Distribution resulting from your contribution be distributed to an eligible nonprofit or charitable cause, and MGT will endeavor to honor your recommendation.
3. 100% of the proceeds from the sale of each Donated Item, after deducting all related expenses to receive, list and sell said items, as described in Paragraph 5 below, will be contributed to the Net Charitable Distribution.
4. Costs incurred by MGT that are directly attributable to the receipt, preparation, listing, sale and fulfillment of Donated Items are considered expenses inherent to the liquidation of physical property and not MGT's general administrative costs, and will be paid from the Net Charitable Distribution, including:
  - Donation Intake Service expenses, such as shipping, handling and carrier pickup charges. Shipping charges are typically between $8 - $25 per Donation Order, depending on the size and weight of the package and shipping service elections.
  - Data wiping, factory resetting, repair, cleaning and other services contracted at MGT's sole discretion to improve certain high value Donated Items ("Restoration Services"), which in their donated condition are not deemed by MGT to be Saleable Items.
  - All marketplace listing and final value fees, which typically are in the range of 8% - 15% of the final sale value, depending on the category of Donated Item and the marketplace.
  - Warehousing and fulfillment expenses related to the storage and subsequent delivery of Donated Items sold online, which typically cost between $2 - $8 depending upon the size, weight, packaging requirements, and storage period for each Donated Item.
  - Listing and consignment services to photograph, price, describe, list, sell and handle returns of Donated Items via third party marketplaces.
  - Responsibly disposing of damaged or prohibited items, estimated at less than $1 per item.
5. MGT will provide you with an electronic donation receipt ("Donation Order Receipt") as part of the Services, generally within 90 days of physically receiving a Donation Order. Donation Order Receipts will list each Donated Item in the Donation Order and will include one or more representative photos documenting the same Donated Items.
6. MGT will not retain any of the proceeds from selling Donated Items to cover the cost of its own administrative, compliance, legal, marketing or fundraising activities that are not directly related to liquidating physical donations as described in Paragraph 5 above.
7. Donated Items will not be returned to donors.
8. Prohibited Items and items that are not sold within six months will be donated to organizations equipped to utilize them or disposed of in a responsible manner.
9. MGT will endeavor to distribute the Net Charitable Distribution to Recommended Charities you recommend at the time of your donation in the amounts or percentages specified by you at the time of initiating a Donation Order, in our sole interpretation and judgment.
10. MGT will distribute funds designated for a Designated Charitable Cause to one or more charities highly rated by Charity Watch that fulfill the charitable cause you designate at the time of your donation in the amounts or percentages specified by you at the time of initiating a Donation Order, in our sole interpretation and judgment.
11. If MGT can not donate funds to a Recommended Nonprofit or Designated Charitable Cause for reasons including but not limited to the organization has lost its charitable classification, a conflict of interest with the donor is discovered, or the organization refuses the funds, MGT will retain the funds for its general purposes and processing.
You agree not to:
1. Donate Prohibited Items.
2. Use the Services in any other way or for any other purpose than that which they are intended.
3. Mail, transfer or otherwise attempt to donate items to MGT except through use of Donation Intake Services as provided by MGT in connection with the Services.
4. Directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services. You acknowledge that any violation of this paragraph will cause MGT immediate and irreparable harm and that the damages which we will suffer may be difficult or impossible to measure. Therefore, upon any actual or impending violation of this paragraph, we shall be entitled to the issuance of a restraining order, preliminary and permanent injunction without bond, restraining or enjoining such violation by you, your successors or assignees or any entity or person acting in concert with you. Such remedy shall be additional to and not in limitation of any other remedy which may otherwise be available to us by law.
5. Use the Services in any manner (including, without limitation, the transmission of third party content or information) that may violate or infringe upon any rights of a third party. You shall be subject to the indemnification provisions in these Terms if your use of the Services violates or infringes upon such rights.
Donation receipts and our public charity status
1. Mighty Good Things Foundation is recognized by the IRS as a Section 501(c)(3) public charity and an organization to whom donations are deductible.
2. The Donation Order Receipt provided to you by MGT in connection with the Services is for your records and convenience only, and it does not entitle you to tax deduction or imply that you are eligible to receive a tax deduction. You should consult with a tax adviser regarding the particulars of your personal tax situation.
Privacy
By using the Services, you consent to the collection, storage and disclosure of personally identifiable information per our Privacy Policy. While we attempt to keep all information secure, you understand that a third party could compromise our systems and there is some risk that your personal information will be acquired, and you provide this information at your own risk.
Indemnity
You hereby agree to indemnify and hold harmless MGT and our business partners, third party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorney's fees) in connection with any claim or action that arises in any way from (a) an alleged violation of the Terms or (b) your use of the Services.
Warranty Disclaimers
YOU USE THE SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Ownership and Confidentiality
Materials on this Website and provided in connection with the Services, including but not limited to text, images, illustrations, software, animations, audio clips, video clips and any tools available on this Website, if applicable, are owned or otherwise provided by MGT, and MGT does not represent or warrant that such material does not infringe the rights of any other person or entity.

Trademarks, logos and service marks (collectively, "Marks") displayed on this Website and provided in connection with the Services are registered or unregistered Marks of MGT or third parties, are the property of their respective owners, and may not be used without written permission of MGT or of the owner of such Marks respectively. Any information or material contained on this Website or provided in connection with the Services that may be reproduced pursuant to these Terms must bear the proprietary rights notices that originally appeared on or in conjunction with such information or material.

You acknowledge that information or material which you provide electronically through your access to or usage of the Services is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. Unless expressly provided otherwise by MGT, all comments, feedback, information or materials submitted to MGT through or in association with the Services shall be considered non-confidential and MGT's property. By submitting such comments, feedback, information or materials to MGT, you agree to a no-charge assignment to MGT of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. MGT shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
Limitation of Liability
WE AND OUR SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), DIRECTORS, OFFICERS, AFFILIATES, INSURERS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING ANY LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes and governing law
1. You agree to contact MGT to resolve any and all disputes with us informally.
2. If we cannot resolve a dispute informally after attempting to do so, you agree to enter into binding arbitration by the American Arbitration Association ("AAA") to resolve any claim, breach of these Terms or any other controversy (collectively the "Claims").
3. All Claims must be brought by an individual, or by an arbitrator on behalf of an individual, and not as a plaintiff or class member in any capacity.
4. You agree that by entering into these Terms, both MGT and you waive the right to a trial by jury or to participate in a class action.
5. These Terms shall be governed by the laws of the State of Oregon.