Terms of Service

IMPORTANT - THESE TERMS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY.

By clicking on the “I AGREE” button at the bottom of the screen, you agree to be and are hereby bound by the terms of this Blogger Content Agreement (the “Agreement”). Subject to the terms of this Agreement, the owners and operators of www.HighCallingBlogs.com (the “Site”) grant you permission to become a blogger on the Site. Your use of the Site is further subject to the terms or conditions governing the use of www.TheHighCalling.org, including, without limitation, the terms and conditions of use, which can be found at http://www.TheHighCalling.org/AboutUs/TOS.asp, and the privacy policy, which can be found at http://www.TheHighCalling.org/AboutUs/privacypolicy.asp (the “Privacy Policy”). If you do not agree to the terms of this Agreement, you must not click “I AGREE” and you may not become a blogger on the Site.

1. Owners and Operators. The Site is owned and operated by the H. E. Butt Foundation and any person or entity to whom it has assigned such interest or designated to perform such functions.

2. Display of HighCallingBlogs.com Logo. You must continuously display the HighCallingBlogs.com logo and link on the sidebar of each blog you create. The HighCallingBlogs.com logo remains the sole and exclusive property of the Site and the H. E. Butt Foundation.

3. Purpose. The Site and the blogs 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 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.

4. Removal of Content. The Site reserves the right to remove and delete any blogs, portions of blogs, posted text, files, links, attachments, comments, or other materials contained in a blog (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.

5. Inappropriate Content. 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.

6. Termination. 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.

7. No Reference to the H. E. Butt Grocery Company. The 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.

8. Intellectual Property. 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.

9. Defamation, Libel, Privacy, and Misleading Content. You may not post any content that is unlawful, defamatory, or fraudulent. You may not post other people’s personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver’s and other license numbers. You may not post information such as other people’s passwords, usernames, phone numbers, addresses, and email addresses unless already publicly accessible on the Internet. All User Content must comply with the Privacy Policy. Further, you may not impersonate or misrepresent your affiliation with any person or entity or create a false identity for purposes of misleading others. You may not post any false or misleading information.

10. Harmful Content. You may not post any harmful content including viruses, corrupted files, or any other similar software or programs.

11. License to Content. The Site needs certain rights to operate the Site and the blogs. When you post User Content to publicly visible areas of the Site, you are granting to the Site, or warranting that the owner of such User Content has granted to the Site, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, nonexclusive right under all intellectual property rights to use, reproduce, modify, transmit, distribute, perform, and display such User Content (in whole or in part) and/or to incorporate such User Content in other works in any form, media, or technology. Except for personal, private information provided to us under our Privacy Policy, all material, information, or ideas that you upload, publish, distribute, post, or disseminate on or through the Site will be treated as nonconfidential and nonproprietary, and may be used or disseminated by the Site or its affiliates for any purpose. You also acknowledge and agree that the Site is free to use any ideas, concepts, know-how, feedback, or techniques that you provide for any purpose without any compensation to you.

12. Registration Information; Security. 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.

13. Electronic Communications. If you register on the Site, you hereby authorize the Site to send you Site newsletters and email communications.

14. Changes and Updates to These Terms. The Site may at any time modify, add, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. By continuing to maintain a blog on the Site after the Site’s posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site is subject to the most current version of this Agreement.

15. Technical Assistance. The Site is not responsible for providing any technical assistance and will not provide any technical support to bloggers.

16. No Warranty; Disclaimers. THE SITE IS PROVIDED “AS IS,” AND THE FOUNDATION AND ITS SUPPLIERS AND COBRANDED PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE FOUNDATION DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.

17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FOUNDATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE). FURTHER, IN NO EVENT WILL THE FOUNDATION BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN U.S. $50.00. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

18. Indemnity. You agree to indemnify, defend, and hold the Site, and its subsidiaries, affiliates, officers, agents, cobranded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or related to (a) any violation by you of this Agreement, (b) your use of the Site, (c) User Content that you submit, post to, or transmit through the Site, and (d) your access to or use of linked sites.

19. Choice of Law; Dispute Resolution. All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. You agree that any action at law or in equity arising out of or relating to this Agreement or arising out of your use of the Site will be resolved, individually, through binding arbitration in Kerrville, Texas, using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only, and you are hereby consenting to do so in Kerrville, Texas, using Texas’s laws (without regard to Texas’s rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.

20. General. If any portion of this Agreement is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effect the intent of the parties as reflected by that provision, and the remaining portions of this Agreement will be given full effect. The Site’s failure to act in a particular circumstance, including any failure by the Site to enforce or exercise any provision of this Agreement, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. The Site will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. The Site may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without the Site’s written consent. This Agreement, in addition to the Site’s Privacy Policy and Terms of Use, constitutes the entire agreement between the Site and you with respect to your access to or use of the Site, superseding any prior agreements between you and the Site with respect to your access to or use of the Site (including any prior versions of this Agreement).