Parties
The parties to these Terms of Use are you, and the owner of this https://theonlytruth.com ministry website, TheOnlyTruth.com (“TOT”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean the TOT website ministry and TheOnlyTruth.com.
Use And Restrictions
In accordance to these Terms of Use and TOT’s Privacy Policy, you may use the public areas of this site only for your own internal purposes. When you enter the TOT site, you are agreeing not to access or attempt to access TOT’s site by any means other than by the access we provide, unless you have been specifically authorized to do so in a specific and alternate agreement given to you by TOT. You agree not to access or attempt access to the TOT site through any automated means including use of web crawlers or scripts. You further agree to comply with the instructions set out in any instructional text file present on this site. You agree that you are not authorized and will not be permitted to resell, sublicense, transfer, assign, or distribute the site, its services or content; to modify or make derivative works based on the site, its services or content, nor are you permitted to “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
Modification
TOT reserves the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on the TOT site’s home page. You may refer to “effective dates” or “updated dates” either at or near the top or bottom of this page at your convenience in order to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
How TOT Treats Postings To This Site – whether in any Chat, Blog or Forum
TOT will not treat as though it is confidential, proprietary or private, any information that you post to areas of the TOT site that are viewable by others. TOT does not have an obligation to monitor all posts to this site or to exercise editorial control over the posts. But TOT reserves the right to review certain posts and remove material that, in TOT’s judgment, is inappropriate. Promoting, transmitting, using, posting, distributing or storing any content that might subject TOT to any legal liability, if it is in violation of any applicable law or regulation, which might otherwise violate common standards, is expressly prohibited. This includes any and all material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements and/or other intellectual property rights; especially material that violates any export control laws.
TOT, according to its sole discretion, without prior notice given, reserves the right to remove or to delete any material submitted as a comment to any blog, forum or chatroom when it has been displayed or placed onto the TOT site, but TOT will not be obligated to do so. TOT expressly reserves our right to delete or decline to post content that contains sexual content; is overly graphic, any disturbing or offensive material; profanity, vulgar or abusive language; any and all hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; anything TOT determines at its own discretion to be spam; as well as any unauthorized promotions for commercial products or services.
When you submit a comment for posting, you agree that TOT is not responsible, and TOT will have no liability to you, regarding any and all materials or information posted by others, including, but not limited to offensive, defamatory, or illicit material, even material that may violate this Agreement.
Defamation; Communications Decency Act Notice
TOT is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230. TOT’s liability for defamation and other claims arising out of any postings to this site by third parties is limited as described within our TOT site. TOT is not responsible for content or any other information posted to the TOT site by third parties. TOT does not warrant the accuracy of third-party postings nor does TOT exercise any editorial control over third party posts or assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in third party postings.
Monitoring
TOT reserves the right, while accepting no obligation to monitor your access and use of the TOT site without notifying you. TOT does reserve the right to record or log your use in a manner as set out in our Privacy Policy notice that is accessible though the Privacy Policy link on the TOT site’s home page.
Separate Agreements
If and when you choose to acquire products, services and/or content from the TOT site, TOT reserves the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
Ownership
All material provided on the TOT site is protected by law, including, but not limited to, United States copyright law and international treaties. Those copyrights and other intellectual property in the content of the TOT site is owned by TOT, its individual owner and/or others. Other than the limited rights granted to you herein, all other rights are reserved.
DMCA Notice
The TOT site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, the TOT site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our TOT agent for notice of claimed infringement): Notification of Claimed Infringement: – theonlytruth.com – 7714 N. Napa Street, Spokane, WA 99217-8755 – TOT Agent’s Name/Email Address: – michael@theonlytruth.com – TOT Telephone: (509) 720-7687 – You may contact our TOT agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and TOT will investigate those complaints. If the posted material is believed in good faith by TOT to violate any applicable law, TOT will remove or disable access to any such material, and TOT will notify the posting party that the material has been blocked or removed. In notifying TOT of alleged copyright infringement, the DMCA requires you to include the following information:
1. A description of the copyrighted work that is the subject of claimed infringement.
2. A description of the infringing material and information sufficient to permit TOT to locate the alleged material. 3. Your contact information, which must include your address, telephone number and/or e-mail address.
4. A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent or by the clear meaning of any law.
5. A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
6. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Warranty Disclaimers
Unless it is provided in a separate written agreement, signed by the agreeing parties, the content, services and/or products within the TOT site are provided “as-is” and neither TOT nor any of our licensors make any warranty or representation respecting said content, services and/or products. Unless it is provided in a separate written agreement, signed by the agreeing parties, the content, services and/or products within the TOT site, the TOT site and its licensors hereby disclaim, to the fullest extent permitted by law, any and all specific warranties, whether expressed or implied as they may relate to the TOT site or content, services and/or products acquired from the TOT site, including but not limited to any implied warranties, correctness, timeliness, completeness, non-infringement or guarantee of fitness for any possible or particular purpose. The TOT site and its licensors do not warrant or represent in any way that TOT’s site, its services, content or products –
1. Are guaranteed to be uninterrupted, error-free, timely, secure or that the TOT site will operate perfectly or at all with other software, hardware, system or data.
2. Are guaranteed to meet your specific expectations requirements.
3. Are guaranteed to be free of viruses or any other harmful components.
The above disclaimers constitute essential parts of this entire agreement. No guarantees of warranties, other than those specifically mentioned are included with the purchase or the use of any items offered by the TOT site are authorized except under these disclaimers. Under applicable law, any implied warranties may not be disclaimed, but are limited in duration to a period required by such applicable law. Certain jurisdictions and states do not allow any specificity regarding how long an implied warranty may last. Therefore, above limitations may not apply specifically to you.
Limitation of Liability
In no circumstance with the TOT site and/or its licensors be liable to anyone for special, exemplary, punitive, incidental, consequential or other damages, whether direct or indirect damages of any kind or type. These limitations with regard to TOT’s liabilities include any loss of revenue, profits, data, use or any other economic advantage which may be perceived to have arisen out of or in any way connected with the TOT site, its content, products and/or services, whether by any error, omission, inaccuracy or interruption, regardless of its cause and even if the TOT site or its licensors may have been previously advised of the potential or possibility of damages.
Links to This Site
TOT hereby grants a nonexclusive, revocable and limited right for you to create a hyperlink to the TOT site if you agree not to portray TOT or our TOT products or TOT services within your posted hyperlink in any false, misleading, derogatory, or offensive matter. You may not use any TOT or other logo, trademark or tradename which you find displayed on the TOT site; nor may you use any other proprietary graphic image in your poste hyperlink without TOT’s prior written consent.
Links to Third Party Websites
TOT does not review or control third party websites that link to or from the TOT site. TOT is not responsible for Third Party Website content, and TOT does not represent that any other website’s content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
Participation In Promotions of Advertisers
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on the Tot site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
Consumer Rights Information
As regards the California Civil Code Section 1789.3. In the event the TOT site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for the TOT site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address: Notification of Consumer Rights Complaint or Pricing Inquiry: theonlytruth.com 7714 N. Napa Street, Spokane, WA 99217-8755
Email: – michael@theonlytruth.com – Telephone:- (509) 720-7687 – You may contact TOT with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing – 1020 N. Street, #501, Sacramento, CA 95814 – or Telephone – 1-916-445-1254 –
Arbitration
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Spokane, Washington, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Washington, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
Jurisdiction And Venue
The courts of Spokane County in the State of Washington, USA and the nearest U.S. District Court in the State of Washington shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
Controlling Law
This Agreement shall be construed under the laws of the State of Washington, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Intended For Use Only Within The United States
The TOT site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to the TOT site from locations where its contents are illegal is not authorized.
Onward Transfer of Personal Information Outside Your Country of Residence
Any personal information which TOT may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
Severability
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
Force Majeure
TOT shall not be liable for damages for any delay or failure of delivery arising out of causes beyond TOT’s reasonable control and without TOT’s fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Privacy
Please review the TOT site’s Privacy Policy which also governs your visit to the TOT site. Our Privacy Policy is always accessible on the TOT site’s home page.
The Only Truth – “TOT” – Copyright – theonlytruth.com 2021
Note: There have been no material modifications to this policy since December 30, 2021
