Disclaimer

Disclaimer and Terms and Conditions

DISCLAIMER: If you are at risk for suicide, homicide or other harm or injury, please call 911 or seek other help (such as a hospital emergency room or doctor’s care) immediately. We at Right to the Heart are not licensed counselors and are not responsible for your actions nor are we responsible for the actions of others. We have helped thousands and we hope we help you or your loved one(s), however, again, we are not responsible for either your actions or the actions of others.

Also, we do try to answer every letter or email we receive. But we are not responsible for letters or email not answered or letters or email not answered or delivered in a timely manner, nor are we responsible for the final actions of the reader or recipient to any of our letters or emails or web site text. Our goal is simply to offer hope and encouragement and hopefully prevent suicide, injury or death, however we cannot guarantee these results. If our efforts were unsuccessful, please note we tried to help and cannot be held responsible for actions on behalf of those who visited our web site or read any of our content or email.

We reserve the right to share our faith and beliefs as free speech is protected by our constitution. We find our inspirational faith and encouragement has helped thousands of visitors to our website. However, if our form of inspirational faith and encouragement does not help you, please seek other forms of help and encouragement. We are not responsible to ensure you are comfortable with or that you are in agreement with our belief system. Your belief system is up to you and you are therefore responsible to seek the help that would best meet your needs.

Also note, suicide is never the answer. Where there is life, there is hope.

If you are thinking of suicide, please call:
Suicide Helpline:

1800 – SUICIDE
Suicide Prevention Hotline:
1-800-827-7571
National Suicide Hotline:
1-888-248-2587

Also, note where available, there is live, free, Christian counselingthrough the wonderful people at New Hope.

You can call: 714 NEW-HOPE (639-4673)
or go directly to their web site and chat live at:
http://www.newhopenow.org/counseling/liveperson.html
TERMS OF SERVICE
This Agreement sets forth the terms and conditions which apply to your use of the http://www.godtest.com or www.righttotheheart.com web site (the “Web Site”) which is offered to you by Right to the Heart Ministries a 501 (c) 3 agency. . (collectively “we” or “our”). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be bound by this Agreement, please discontinue your use of the Web Site.

1. Restrictions on Use

The Web Site is a computer online service. It is accessible to you through a personal computer, or other access device, at www.godtest.com or www.righttotheheart.com using a communications connection (e.g., modem and telephone line). As part of our Web Site, you will be provided with information, editorial content, prayer request sites, links to other Web sites and other computer services that We may decide to offer, subject to the terms hereof. We may discontinue or alter any aspect of the Web Site, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Web Site for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User’s right to use the Web Site, at our sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Web Site through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Web Site. You further certify that you are an individual (e.g., not a corporation). This Web Site is owned and operated by us and contains material which is derived in whole or in part from material supplied and owned by Us and other sources, and is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Web Site including code and software (“Material”). You may download Material from this Web Site for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Web Site, such Material is licensed to you by Us and Right to the Heart does not transfer title to any such Material to you.

2. Rules and Guidelines

(a) Content, letters and helps are all currently provided for free. Right to the Heart reserves the right to change the nature of this relationship at any time. For further information, please review the terms of our Privacy Policy.

3. Disclaimer of Warranties

WE HAVE PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER US NOR OUR AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. You assume all risk of errors and/or omissions in the Web Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

4. Limitation of Liability

IN NO EVENT SHALL WE, OUR PARENT OR SUBSIDIARY COMPANIES OR OUR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE, OUR PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

5. Indemnification

You agree to defend, indemnify and hold harmless, us, our 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 (a) 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 defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Web Site; (c) any noncompliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Usage Agreement arising from or related to your access and use of the Web Site, including the information obtained through the Web Site. (e) the actions of murder, harm, injury, death or suicide, taken by people or parties who have viewed any or all portions of Web Site. We express the content of this Web Site was not written by licensed counselors and Right to the Heart or any agent thereof cannot be held responsible for actions of anyone who has accessed or viewed content of the Web Site. Futhermore, if you are suicidal or if you intend to harm another person including or excluding yourself, you alone are responsible for such actions and it is up to you to seek help at a hospital or other mental institution. If you believe you will harm yourself or others, you are responsible to call 911 or to seek other immediate help.

6. Trademarks

The logos are our trademarks and all other trademarks, service marks and trade names used on the Web Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without our permission, or the owner of such trademark, service mark or trade name.

7. Minors
If your minor child, or a child for whom you are legal guardian (a “Minor”), has at any time entered this Web Site, you shall be solely responsible for health, emotional health and/or safety of such Minor. If Minor is suicidal or homicidal, you and you alone are responsible to call 911 or to seek other immediate help. As Minor entered Web Site while under your care, watch, or with or without your knowledge, Right to the Heart or any agent thereof cannot be held responsible for the actions of Minor or others who have viewed Web Site. You alone are responsible if said Minor accessed Web Site. Their access to Web Site grants your agreement to hold Right to the Heart of any agent of Right to the Heart, harmless for health, emotional health, and/or safety of such Minor.

8. Child Online Privacy Protection Act Notification

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web Site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up website, http://www.netparents.org/parentstips/browsers.html.

9. Modification

We reserve the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Web Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Web Site, via e-mail or any other reasonable means. Continued use of the Web Site by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.

10. Export Control Information

Unless otherwise specified, the materials on this Web Site are presented solely to provide information regarding and to promote the Web Site and other products Colorado, United States of America. We make no representation that materials on this Web Site are appropriate or available for use outside the United States. Those who choose to access this Web Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Web Site is further subject to United States export controls. No software from this Web Site may be downloaded or otherwise exported or re-exported

(a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or
(b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Web Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Miscellaneous

This agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Right to the Heart. Any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed the laws of Colorado. By using the Web Site, you agree to the personal jurisdiction by the state and federal courts sitting in Boulder County, Colorado. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between our representatives and you. Any assignment other than as provided for in this Section shall be null and void, ab initio. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
© 2012 Right to the Heart