Terms of Service
1. Acceptance of Terms
The Website located at www.TheHighCalling.org is owned and operated by the H. E. Butt Foundation (the “Foundation”). By using this Website 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. Subject to the terms of this Agreement, the owners and operators of the Site grant you permission to become a blogger on the Site. In order to access the journaling, the High Calling Blog network, 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. If you do not agree to the terms of this Agreement, you must not become a blogger on the Site.
When you register for the Site, you will be asked to provide certain information about yourself, including your email 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.
The Foundation reserves the right to terminate your Site membership and remove and destroy anything that you have saved on the Site including your favorite radio spots, archived articles, and your personal bog (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.
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 and Blogs on the Site
The content of your messages and blogs and the consequences of any such messages and blogs 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.
To participate in the High Calling Blog Network, you must continuously display the High Calling Blogs logo and link on the sidebar of each blog you create on the Site. Blogs not hosted on the Site’s server must also continuously display the High Calling Blogs logo and link in the sidebar. The High Calling Blogs logo remains the sole and exclusive property of the Site and the H. E. Butt Foundation.
The Site and the blogs hosted on the Site’s server are not intended or provided for the purposes of generating revenue for the bloggers. The sale of any items directly on the Site or the placement of advertisements for services or products sold or provided by third parties are strictly prohibited. Bloggers with blogs on the Site’s server may generally place links in a blog to other websites that offer services or products for sale and may provide certain information about the blogger’s activities, products or business, provided, however, the Site retains the right to remove any links, blogs, materials or portions thereof it deems inappropriate, in its sole and absolute discretion. You may not accept any funds through the website by any means, including, without limitation, credit card or PayPal payments. You may not use the Site for illegal purposes or for any purpose that the Site determines, in its sole and absolute discretion, to be inappropriate.
The Site reserves the right to remove and delete any blogs hosted on the Site’s server, portions of blogs hosted on the Site’s server, posted text, files, links, attachments, comments, or other materials contained in a blog on the Site’s server (collectively, "User Content"), or any other Site content that is inappropriate or otherwise warrants removal in the opinion of the Site in its sole and absolute discretion.
You may not post inappropriate User Content on the Site. Inappropriate User Content includes anything that the Site, in its sole and absolute discretion, determines to be offensive or inappropriate for inclusion or use on the Site including, without limitation, User Content that is defamatory, abusive, sexually oriented, threatening, or racially offensive. The Site assumes no responsibility for monitoring the Site or any blog contained therein for inappropriate User Content or conduct. If at any time the Site chooses, in its sole and absolute discretion, to monitor the blogs or other User Content, the Site nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.
The Site may terminate your use of the Site for any reason, including, without limitation, if the Site believes that you have violated or acted inconsistently with this Agreement. The Site may also modify or discontinue providing the Site, or any part thereof, with or without notice. The Site is not liable to you or any third party for any termination of your access to the Site, any modification or termination of the Site, or any loss of content.
Site is not affiliated with the H. E. Butt Grocery Company. To avoid any potential confusion, bloggers are prohibited from making any reference to the "H. E. Butt Grocery Company," "H-E-B," "H-E-B Grocery Company," or any other names referring to the H. E. Butt Grocery Company.
You may not post User Content that infringes any third party’s intellectual property rights. It is the Site’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). If the Site removes a blog or post or disables access to a blog to comply with the DMCA, it will make a good-faith attempt to contact the owner or administrator of each affected blog so that they may make a counter notification pursuant to section 5122(g)(2) and (3) of the DMCA. It is the Site’s policy to document all notices of alleged infringement on which it acts.
You may not post any harmful content including viruses, corrupted files, or any other similar software or programs.
To be a blogger on the Site, you are required to register. As part of the registration, you will select a username and password and may be required to provide certain information. You agree that the information you supply during the registration process is true, accurate, current, and complete information about yourself. If the information becomes inaccurate, it is your responsibility to update your registration. If the Site has reasonable grounds to believe that your registration information is untrue, inaccurate, incomplete, or outdated, the Site may suspend or terminate your use of the Site. The Site may disallow the use of any username that the Site deems offensive or inappropriate. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the Site through usernames and passwords selected by you. You agree to immediately notify the Site of any unauthorized use of your username or password.
The Site is not responsible for providing any technical assistance and will not provide any technical support to bloggers.
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.
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 firstname.lastname@example.org.
9. My HighCalling Materials Storage
The Foundation assumes no responsibility for the deletion of or failure to store My HighCalling materials.
10. Electronic Communications
If you register on the Site, you hereby authorize the Site to send you Site newsletters and email communications.
11. 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.
12. 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.
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.
14. 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.
15. 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.
16. 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 Website, 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 Website 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 email@example.com; 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.
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.
The H. E. Butt Foundation (the "Foundation") is the sponsor and provider of TheHighCalling.org. TheHighCalling.org serves to connect people with the faith that undergirds and sustains all that we do.
Overall privacy statement
The Foundation takes your privacy seriously. Because we gather certain types of information about our users, we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it.
What personally identifiable information does the Foundation collect?
The Foundation's primary goal in collecting personal information is to maximize your online experience when using our site.
The Foundation collects personally identifiable information when you provide it to us by registering as a member. Once you register with TheHighCalling.org, you are no longer anonymous to us.
What anonymous information does the Foundation collect?
Your Internet browser has a feature called "cookies" which store small amounts of data on your computer about your visit to our site. However, cookies tell us nothing about who you are unless you specifically give us personally identifiable information. You do not need to have cookies turned on to visit TheHighCalling.org, although active participation in certain areas of our site may require cookies. In addition, you may elect not to allow cookies to be collected by selecting certain options on your browser.
The Foundation also automatically receives and records information from our servers and from your browser, including your IP address, the time, and information about the page you requested.
We may use tracking technologies in a variety of ways, including:
keeping count of return visits to our site
accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Website usage
determining which features users like best saving your password so you don't have to re-enter it each time you visit our site
How does the Foundation use the information?
The Foundation uses the information we gather for two general purposes:
to enhance your user experience on our site. We may use tracking information to determine how much interest a page generates overall based on aggregate user demographics and traffic patterns to those pages. This helps us continue to better understand our users and their needs.
to send out periodic email reminders about TheHighCalling.org.
Will the Foundation share my information?
No, the Foundation will not share your information with any person or entity outside of the H. E. Butt Foundation without first receiving your personal consent or unless the Foundation is compelled, by a binding legal order, to share it.
What are my options?
Users who would rather not provide any of the user data requested by our registration process do not need to register with us. You can still view some of the content and use some of the services offered by our site without registering.
We also give users the following options:
during the registration process users are given an option to affirmatively request periodic email reminders, but users are not required to receive them. Users who opt to receive the reminders may remove themselves from the email list at any time through the subscription management pages or by following the instructions at the end of the email they received from us;
opting not to provide certain personal information when registering.
How can I update my personally identifiable information?
You can correct or change the information collected during registration by logging in as member and visiting your personal profile. You may also send us an email detailing the requested change or correction at info@TheHighCalling.org. Users who experience problems or who have questions about how our services work can contact us by following the instructions under the Contact Us section of the website. You may delete your membership at any time by going to the Edit Profile section of the site and removing your name and email address from your profile. This will remove you from further contact from TheHighCalling.org. Information may be retained in backup disks on our servers but will not be restored.
Privacy of children
TheHighCalling.org is not directed to children under the age of 13. We operate our site in compliance with the Children's Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process.
Questions regarding this privacy statement or regarding any other aspects of TheHighCalling.org should be sent via email to info@TheHighCalling.org. We read every message submitted and try to reply promptly to every one. We may also file your comments to improve the site and program or review and discard the information.
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