1. Acceptance of Terms

The Web Site located at www.TheHighCalling.org is owned and operated by the H. E. Butt Foundation (the “Foundation”). By using this Web Site and the information it offers (collectively, the “Site”), you indicate your acceptance of these Terms of Service (the “Terms”) AND ANY MODIFICATIONS THAT MAY BE MADE TO THE TERMS from time to time.

Portions of the Site may be viewed simply by visiting the Site. In order to access the message boards or receive additional services you will need to sign on as a guest or register as a member of the Site. All uses of the Site are governed by these Terms including, without limitation, unregistered use, use by guests, use by registered members, access to message boards, chat rooms, journal sections and other features. The Foundation shall not be liable to you for any breach of these Terms.

2. Registration and Privacy Policy

When you register for the Site, you will be required to provide certain information about yourself, including your e-mail address, city, state, zip code, country, member name and password. You will also be given the option to provide additional information, including your name, mailing address, gender, age group, occupation, company and job title. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes.

Any information provided by you or gathered by the Foundation during any visit to the Site will be subject to the terms of the Site's Privacy Policy, which is incorporated herein by reference. Click here if you wish to read the Site's Privacy Policy.

The Foundation reserves the right to terminate your Site membership and remove and destroy anything that you have saved on the Site including your archived radio spots, archived articles, and your personal journal (collectively, “My HighCalling materials”) if it determines, in its sole discretion, that you have provided false or misleading registration information or if your account remains inactive for an extended period of time.

3. Password

Upon registration you will select a password that will allow you to access certain parts of the Site. You are solely responsible for maintaining the confidentiality of the password and your account information. You are fully responsible for all activities that occur under your password or account, whether or not authorized by you. You agree to immediately notify the Foundation of any unauthorized use of your registration or password, or any other breach of security.

4. Termination and Modification

The Foundation reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, at any time without prior notice or liability. The Foundation may also, in its sole discretion and at any time, discontinue providing the Site, or any part of the Site, or modify the Site with or without notice. You agree that the Foundation has the right to terminate your access to the Site under any provision of these Terms without giving you prior notice, and you acknowledge and agree that the Foundation may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that the Foundation shall not be liable to you or any third-party for any termination of your access to the Site, for discontinuing the Site, or for modifying the Site.

5. Messages on the Site

The content of your messages and the consequences of any such messages are your sole responsibility. If the Foundation determines, in its sole discretion, that you are violating any of the following guidelines it may terminate your registration.

You agree not to use the Site to post on message boards or any place on the Site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by the Foundation in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. use of a symbol in place of a letter when writing an offensive word) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Site. You agree that the Foundation has the right to delete any such material from the Site. The Foundation reserves the right to cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms contained in this Section 5.

You further agree not to use any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing). Any such use shall be deemed to be a violation of these Terms. The Site is to be used by you for your personal use only and, unless you receive prior written consent from the Foundation, commercial uses of the Site are strictly prohibited. You agree that you will not use the Site for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial), or bulk communications of any kind including but not limited to distribution lists.

Users are prohibited from impersonating any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of the Foundation. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use the Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

When you submit any content, which shall include your member name, to any "public area" of the Site, including message boards and chat rooms, you grant the Foundation a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all Rights that may exist in such content.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, OR ANY OTHER AREA ON THE SITE, YOU HEREBY EXPRESSLY PERMIT THE FOUNDATION TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY THE FOUNDATION'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

6. Monitoring

The Foundation has no obligation to monitor the Site. You acknowledge and agree that the Foundation reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Site constitutes consent to such monitoring.

7. Copyright and Trademark

The Site is owned and operated by the Foundation and contains material that is derived in whole or in part from material supplied and owned by the Foundation and other sources, and is protected by copyright, trademark, and other applicable laws. All materials included on the Site, including, without limitation, any text, graphics, logos, button icons, images, audio clips and software (the “Material”), is owned or licensed by the Foundation and is protected by U.S. and international copyright laws. None of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Foundation or the appropriate third parties. The Foundation hereby grants you a personal, nontransferable and nonexclusive license to display, distribute and download the Materials on this site only for personal, non-commercial use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the Materials. The licenses granted herein terminate automatically if you breach any term or condition set forth in the Terms. Upon termination of the licenses, you must immediately destroy any downloaded or printed Materials.

The trademarks, logos and service marks displayed on the Site are the property of the Foundation or the otherwise designated third parties. Use or other exploitation of the Foundation’s trademarks, logos or service marks is not permitted without the prior written consent of the Foundation. All rights are reserved.

8. Infringement Policy

In the event you believe that material or content published on the Site may infringe on your copyright or on another’s copyright, please provide detailed written notice of such possible infringement to F. Dwight Lacy, TheHighCalling.org, P.O. Box 290670, Kerrville, Texas 78029-0670, phone: (830) 896-2505 or send a detailed message to info@thehighcalling.org.

9. My HighCalling Materials Storage

The Foundation assumes no responsibility for the deletion of or failure to store My HighCalling materials.

10. Limitation of Liability

IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Disclaimer of Warranties

YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE FOUNDATION MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE FOUNDATION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

YOU UNDERSTAND AND AGREE THAT THE FOUNDATION DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. THE FOUNDATION IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE FOUNDATION NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE FOUNDATION ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

THE FOUNDATION SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOUNDATION OR THROUGH THE SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE FOUNDATION MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.

As a convenience to our members, we may provide links to resources that are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against the Foundation with respect to such sites. THE FOUNDATION IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

12. Indemnification

You agree to defend, indemnify and hold harmless the Foundation, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or entity or defames any person or entity or violates their rights of publicity or privacy, (ii) any misrepresentation made by you in connection with your use of the Site; (iii) any non-compliance by you with the Terms; and (iv) claims brought by third party persons or entities arising from or related to your access and use of the Site.

13. Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Kerr County, Texas.

14. Breach of these Terms

In the event that the Foundation determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the community of the Site, the Foundation reserves the right to do any or all of the following: (i) warn you via e-mail that you have violated these Terms; (ii) delete any content provided by you or your agent(s) to the Site; (iii) delete all content provided by you to the Site, including your My HighCalling materials; (iv) discontinue your registration with the Site; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which the Foundation deems to be appropriate.

If your registration with or ability to access the Site is discontinued by the Foundation due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community of the Site, then you agree that you will not attempt to re-register with or access the Site through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, the Foundation reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.

15. Modifications to Terms

The Foundation reserves the right to revise, amend or modify these Terms at any time and in any manner at its sole discretion. Notice of any revision, amendment or modification of these Terms will be posted in this section of our Web Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. If you do not agree to these Terms, please do not use the Site. Please check this section of the Web Site before using the Site to determine whether a change has been made to these Terms. If you do not agree to any changes in the Terms as they may occur, please arrange to terminate your registration with the Site immediately (i) by notifying the Foundation of your unwillingness to accept the changes to the Terms by emailing info@thehighcalling.org; and (ii) by discontinuing your use of the Site. Your continued use of the Site will signify your acceptance of any change in the Terms set forth herein. From time to time the Foundation may supplement these Terms with additional terms ("Additional Terms"). You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.

16. Miscellaneous

The failure of the Foundation to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms will remain in full force and effect.

The Foundation may assign its rights and obligations under these Terms and upon such assignment the Foundation will be relieved of any further obligation hereunder.

You represent to the Foundation that you have the authority to register with or visit the Site according to these Terms. The Foundation does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit the Site.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one year after the claim or cause of action arose or be forever barred.

The Foundation reserves the right to charge fees, surcharges and/or membership fees for use of the Site at any time upon thirty (30) days' prior written notice to you.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms and any Additional Terms constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings.