Terms of Use

Welcome to this website and the other websites located at http://www.theupwardcall.net, domain (the “Sites”). The Sites are owned and operated by The Upward Call Ministries, Inc. (“Upward Call”), the “Organization”, “we” or “us”). The Sites provide you with various opportunities to learn about Upward Call and participate in related activities (the “Services”).

Acceptance of the Terms of Use

This Terms of Use Agreement (this “Agreement”), states the terms and conditions under which you may use this website (the “Site”).  Please read this Agreement carefully.  This Site contains various information relating to Upward Call in the form of text, graphics, news, reports, and other materials (tangible or intangible) (“Content”).  By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement.  If you do not accept this Agreement (and therefore do not agree to by bound by this Agreement), do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms on our Site.

Content

All of the content on the Sites including, without limitation text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content (“Content”), is owned by Upward Call, its licensors, vendors, agents or content providers. All elements of the Sites including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be expressly set forth on the Sites, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth on the Sites, you may only view, play, print, and download Content on the Sites for your own personal, informational, and noncommercial purposes only. The Sites and the Content will remain the exclusive property of Upward Call or its licensors unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on the Site.

Some of the videos posted on this site contain explicit language and content. This is not in any way endorsed or encouraged by The Upward Call Ministries, Inc. Viewer discretion and parental advisory is strongly advised.

Important Note Regarding Information Related to Health

CALL 911 OR GO TO YOUR NEAREST HOSPITAL EMERGENCY ROOM IN THE EVENT OF AN EMERGENCY SITUATION.

YOUR USE OF THE ONLINE SERVICES AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES MAY MAKE AVAILABLE INFORMATION REGARDING HEALTH (“HEALTH INFORMATION”). YOU AGREE THAT YOU WILL NOT USE ANY HEALTH INFORMATION PROVIDED BY OUR ONLINE SERVICES TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. APPLICATION OR RELIANCE ON OF ANY HEALTH INFORMATION ACCESSED THROUGH OUR ONLINE SERVICES, IS AT YOUR SOLE DISCRETION AND RISK.

OUR ONLINE SERVICES, AND ANY HEALTH INFORMATION, (A) ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT; (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS; AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY HEALTH INFORMATION. HEALTH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF HEALTH INFORMATION. THE RELATIONSHIP BETWEEN YOU AND US IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION MADE AVAILABLE BY THE ONLINE SERVICES.

DISCLAIMER OF WARRANTY

THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  NO INFORMATION PRESENTED ON THIS WEBSITE CONSTITUTES LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN UPWARD CALL AND ANY OTHER PARTY.

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NONE OF UPWARD CALL, ANY OF ITS MEMBERS, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “UPWARD CALL PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.

NONE OF THE UPWARD CALL PARTIES WARRANTS THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

NONE OF THE UPWARD CALL PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE UPWARD CALL PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY OF THE UPWARD CALL PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEB SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEB SITE.

IN NO EVENT SHALL ANY OF THE UPWARD CALL PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE UPWARD CALL PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Street Evangelism

Upward Call is not responsible for risks associated with individual participation (“Participant”) in Upward Call organized street evangelism events. Individuals are participating at their sole risk and participation is conditional upon Participant agreeing to release, waive, discharge, and hold harmless Upward Call, its Board of Directors, officers, employees, volunteers, and agents from any and all claims of liability arising out of their negligence, or any other act or omission which causes the Participant illness, injury, death and damages of any nature in any way connected with the participation. Participants expressly agree to release and discharge Upward Call, its Board of Directors, officers, employees, volunteers, and agents from any act or omission of negligence in rendering or failing to render any type of emergency or medical services.

Code of Conduct

Upward Call has a strict Code of Conduct that all participants in its ministry are required to adhere to and is conditional upon participation.  Such standards include but are not limited to the fact that Upward Call does not condone or allow any form of violence of criminal activity.

Links to Other Sites

As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site including websites of entities that are affiliated with Upward Call (“Third-Party Sites”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources.  Our decision to link to a Third-Party Site is not an endorsement of the content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND UPWARD CALL SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.  You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs.  If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites’ administrator or webmaster.

Termination

Upward Call reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability.  Upward Call reserves the right to change, suspend, or discontinue all or any part of this Site or the content at any time without prior notice or liability.

User Must Comply with Applicable Laws

These Terms of Use will be governed by the laws of the California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Maricopa, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Upward Call does not guarantee continuous, uninterrupted or secure access to the Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof.  Additionally any provision that was, by its nature, intended to survive termination of these Terms will so survive. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

Use of Website

You must be at least 13 years or older to use this Website. If you are under the age of 13, you must use this website only under the supervision of a parent or guardian.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.