These Terms of Service (these “Terms”) govern your access or use of our services, Goodbill-operated websites and mobile applications (including goodbill.co), and any other website or application operated by Goodbill (collectively, the “Service”).
In these Terms, “we,” “us,” “our,” and “Goodbill” refer to Goodbill Inc. These Terms include and hereby incorporate by reference Goodbill’s privacy policy available at https://goodbill.com/privacy.
Please read these Terms carefully before accessing or using the Service. By accessing or using the Service, you agree to comply with and be bound by these Terms.
If you disagree with any part of these Terms, please do not access or use the Service.
NOTICE OF BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE “DISPUTE RESOLUTION; CLASS ACTION WAIVER” SECTION BELOW.
In order to access or use the Service, you must be a resident of the United States and at least 18 years of age or the age of majority in your state of residence.
Goodbill facilitates the filing of health insurance claims for at-home COVID test reimbursements and the negotiation and payment of bills through the Service. No funds flow through accounts owned by Goodbill during the processing of such payments. Where Goodbill must interact with third parties to fulfill our obligation to you, such as submitting claims or interacting with a hospital, you authorize Goodbill to act as your agent in performing the Service.
We have a direct relationship with you, our customer. As a result, we will never sell or rent your personal data.
In order to access or use the Service, you must provide your email address, your insurance card, a purchase receipt, and/or at least one hospital bill, any information required to validate your COVID test purchase(s) or your hospital bill items, and any other information required to fill out insurance claim forms or to negotiate on your behalf with a hospital. You represent and warrant that you own the email address you provide and all information entered or collected in the course of accessing or using the Service.
You may register for an account with us (an “Account”) by providing certain information, including, without limitation, your name, email address, text-enabled mobile phone number, street address, zip code, and date of birth. All Account information you provide must at all times be true, accurate, and complete, and you must update your Account information as necessary. We will have no liability for relying on any Account information you provide. We have the right, in our sole discretion and for any or no reason, to decline your registration.
When you register for an Account and from time to time thereafter, your Account may be subject to verification, including validation of any information you provide to us against third-party databases. You authorize us to make inquiries, directly or through third parties, to validate such information, though we are under no obligation to do so.
You are solely responsible for safeguarding and maintaining the confidentiality of your Account and agree not to share it with any person who is not authorized to use your Account. You agree that we may assume that any person using the Service with your Account either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your Account. We will have no liability arising from your failure to comply with these obligations.
You may contact Customer Support using the contact information on our Site. The provision of customer support is not required or guaranteed, and is provided at Goodbill’s sole discretion.
We may terminate or suspend the Service or your use of the Service or your Account immediately at any time for any reason, including, without limitation, if: (1) you breach these Terms; (2) we are required to do so by law; or (3) we elect to discontinue the Service. Additionally, we may terminate or suspend the Service or your use of the Service or your Account at any time without cause. You may terminate your use of the Service and your Account at any time.
We may provide notices to you by: (a) emailing them to your Account’s email address or (b) mailing them via courier or regular mail to your Account’s street address. You may provide notices to us via email at help@goodbill.com. Notices sent by email will be deemed received upon receipt unless a party receives notice that the email was not delivered. Notices sent by courier will be deemed received upon actual receipt. Notices sent by regular mail will be deemed received three (3) business days after deposit in the mail with first-class postage prepaid.
We license the CPT (Current Procedural Terminology) dataset from the American Medical Association (AMA) (here, "Licensed Content"). You expressly acknowledge and agree, to the extent permitted by applicable law, use of Licensed Content is at your sole risk and is provided “as is” without warranty of any kind. The AMA does not directly or indirectly practice medicine or dispense medical services. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The Licensed Content does not replace the AMA’s Current Procedural Terminology book or other appropriate coding authority. The coding information contained in the Licensed Content should be used only as a guide.
CPT® Consumer Friendly Data are lay synonyms for CPT descriptors that are intended to help healthcare consumers who are not medical professionals understand clinical procedures on bills and patient portals. CPT® Consumer Friendly Data should not be used for clinical coding or documentation. CPT is a registered trademark of the American Medical Association. CPT copyright 2020 American Medical Association. All rights reserved.
TO THE FULLEST EXTENT PERMITTED BY LAW, GOODBILL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE. GOODBILL DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
GOODBILL SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION PROVIDED IN CONNECTION WITH THE USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. GOODBILL’S AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS AND THE SERVICE, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), SHALL NOT EXCEED UNDER ANY CIRCUMSTANCES THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO US UNDER THESE TERMS DURING THE PRIOR TWELVE (12) MONTHS.
You agree to indemnify, defend, and hold harmless Goodbill from and against any and all losses and threatened losses arising from, in connection with, or based on allegations whenever made of, any of the following: your breach of these Terms, your use of the Service, any claim that your use of the Service violates any applicable law, or any claim arising out of your negligent acts or omissions. This obligation will survive any termination of these terms or your Goodbill Account. You will cooperate fully as reasonably required in defense of any claim identified under this section. You acknowledge that damages from improper use of the Service may be irreparable; therefore, Goodbill is entitled to seek equitable relief in addition to all other remedies. Goodbill reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Any dispute, claim, or cause of action arising from the Service or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions.
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF ACCESSING OR USING THE SERVICE.
If you have a Dispute, you must first notify us at help@goodbill.com and attempt to resolve it with us informally. If we are unable to resolve any Dispute you bring to our attention within sixty (60) days of receipt of your notice or we raise any Dispute, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.
You and we agree to the following with respect to the arbitration of any Dispute: (1) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (4) you will pay any filing fee or other costs of arbitration only as required under the AAA Rules or as otherwise specified by the arbitrator; (5) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (6) the arbitrator will honor claims of privilege and privacy recognized at law; (7) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (8) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (9) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined in accordance with the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
This Section will survive the termination of the Service or these Terms. With the exception of the provisions prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
Any comments or materials sent to Goodbill or posted on the Site, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be the property of Goodbill. Goodbill’s use of the Feedback will be in compliance with our Privacy Policy, which is set forth on the Site, and applicable laws. Goodbill shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Goodbill shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
These Terms, including Goodbill’s privacy policy, constitute the entire agreement and understanding between you and us relating to the Service and cancel and supersede any prior or contemporaneous agreements and other communications between you and us, whether written or oral, to the extent they relate in any way to the Service. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in effect.
Goodbill may, in its sole discretion, amend these Terms at any time by posting a revised version on the Service. The effective date of any amendments to these Terms will be the date the revised version of these Terms is posted on the Service. By accessing or using the Service after the effective date of any amendments to these Terms, you agree to be bound by the revised version of these Terms.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it.
We will not be responsible for any failure or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, epidemic, pandemic, disease outbreak (including the COVID-19 virus), acts of government, governmental requirements and regulations, restrictions imposed by law, or any other similar conditions beyond Goodbill’s reasonable control.
