These Terms and Conditions of Use (hereafter, the “Terms & Conditions”) comprise a legal agreement between you and The Upward Spiral, a service provided by The Order of Thelemic Knights (or “we”) governing your use of this website (www.upwardspiral.thelemicknights.org; hereafter, the “Website”).
1. USE OF WEBSITE SUBJECT TO TERMS & CONDITIONS
The Website is owned and maintained by The Order of Thelemic Knights and it’s members. Your use of the Website is subject to the consent of The Upward Spiral, as memorialized in these Terms & Conditions.
YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS & CONDITIONS. BY ACCESSING, USING AND/OR VIEWING OUR SITE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU MUST EXIT THIS SITE.
The Upward Spiral may revise the information on the Website or otherwise change or update the Website, including these Terms & Conditions. If we make changes to these Terms & Conditions, we will use reasonable efforts to post such changes before they become effective and to specify the date they will become effective. In the absence of any specific date being provided, the changes are effective immediately. A current version of these Terms & Conditions showing the effective date is always available at this location. We encourage you to periodically read these Terms & Conditions to see if there have been any changes to our policies that may affect you. The Upward Spiral may also make improvements and/or changes in products and/or services described on this Website or add new features at any time without notice. Your continued use of the Website will signify your continued agreement to these Terms & Conditions as it may be revised.
CHILDREN UNDER THE AGE OF THIRTEEN (13) ARE PROHIBITED FROM USING ANY THE UPWARD SPIRAL SITE. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE OVER THE AGE OF 13.
Parents or legal guardians who allow a minor child to access www.upwardspiral.thelemicknights.org or any of the services or information offered or through the Website hereby agree that the parent or legal guardian shall be solely responsible for: (a) the online conduct of such minor; (b) monitoring such minor’s access to and use of the Website; and (c) the consequences of any use of the Website by such minor.
3. WEBSITE ACCESS; PROHIBITED ACTIVITIES
Provided that you are over the age of thirteen (13), The Upward Spiral hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Website and the information contained within the Website.
The Website contains features which allow users to search and retrieve information, enter data, and interact with The Upward Spiral. You may not gain unauthorized access to the Website, to other users’ names or personally identifiable information, or to other computers or websites connected or linked to the Website. You may not send or otherwise transmit to or through this Website chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services.
You may use our services for lawful purposes only. You may not use our services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, but are not limited to, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You may not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment. You may not “flood” or disrupt our Website through any means or process such as launching or using any automated system, including but not limited to, “robots,” “spiders,” or “offline readers.” You may not misrepresent your identity or affiliation in any way. You may not restrict, discourage or inhibit any person from using the Website, disclose personal information about other individuals on the Website or obtained from the Website or collect information about users of this Website. You may not reverse engineer, disassemble or decompile any section or technology on the Website, or attempt to do any of the foregoing. You are responsible for all use of our services and the Website, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to the Website via your computer.
4. NO FEES FOR THIS SITE
The Upward Spiral does not charge you any fees for using its Website, but you may incur charges from your online service provider and/or telephone or cable companies.
5. REGISTRATION AND/OR SUBMISSION OF INFORMATION
You are not obligated to register with or submit information to The Upward Spiral in order to access this Website. However, certain services provided by The Upward Spiral are only available if you submit information to The Upward Spiral via the Website or other authorized means. You may not have access to such services without registering and/or submitting information to The Upward Spiral in the manner required. You may access such services only by registering and/or submitting information to The Upward Spiral in the manner required and subject to all applicable conditions and requirements.
7. COPYRIGHT, TRADEMARKS & TRADE DRESS
All content included on the Website, including but not limited to, any text, graphics and interactive features and any trademarks, service marks and logos contained therein (collectively “Materials”) are owned by or licensed to The Upward Spiral, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
No Materials from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may use information purposely made available by The Upward Spiral for downloading from the Website, provided that you: (1) keep intact all copyright and other proprietary notices; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) do not make any additional representations or warranties relating to such information. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or content.
Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of The Upward Spiral, unless The Upward Spiral or the owner has provided said Material for such express purpose. Use of Materials contained in the Website, including reproducing and distributing multiple copies or using Materials on any other website or networked computer or linking to any page at this Website is prohibited. All design rights, databases and compilation and other intellectual property rights associated with the Website, in each case whether registered or unregistered, and related goodwill, are proprietary to The Upward Spiral.
8. THIRD PARTY CONTENT/LINKS
As you view the Website, you may notice links to third-party websites. If you use these links, you will leave this Website. Certain of these linked websites may make use of The Upward Spiral proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from The Upward Spiral.
The Upward Spiral is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by The Upward Spiral of the organizations sponsoring such third-party websites or their products or services. This Terms & Conditions does not apply to any other websites.
The Website of The Upward Spiral contains various types of information and may include information originating from third parties. Such information may be from third parties that provide products or services relating to addiction treatment. The Website provides information about addiction, addiction treatment, service providers relating to addiction treatment, and products and services relating to addiction treatment. Such information is provided as a means for users to become informed of addiction treatment resources which may be available to them and/or their loved ones. Such information is also provided to assist users in understanding and locating resources which best meet their needs and/or the needs of loved ones. Such information is not medical advice, and the information provided on the Website is not “medical, psychological or professional information” nor is it “medical, psychological or professional advice.” Use of the Website is permitted on condition that you understand and agree that no information provided via the Website constitutes medical advice, psychological advice or professional advice and on condition that you understand and agree that The Upward Spiral does not provide medical, psychological or professional advice nor does it provide medical, psychological or professional services.
The Upward Spiral goes to great lengths to make sure our information is accurate and useful. However, all users are urged to consult a physician if medical advice is needed. Users are encouraged to consult a physician in order to obtain professional assurance that the information on the Website, and your interpretation of that information, is appropriate to your particular situation.
AS THE USER OF THIS SITE, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THE WEBSITE, INCLUDING THE INFORMATION PRESENTED ON THE WEBSITE. THE WEBSITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DOES NOT CONSTITUTE MEDICAL, PSYCHOLOGICAL OR PROFESSIONAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL,PSYCHOLOGICAL OR PROFESSIONAL ADVICE OR TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL,PSYCHOLOGICAL OR PROFESSIONAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR A HEALTH CONDITION, OR THAT OF A LOVED ONE. YOU AGREE TO HOLD THE UPWARD SPIRAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENCY, ATTORNEYS, VOLUNTEERS, AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION FOUND ON THE WEBSITE.
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE UPWARD SPIRAL EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON THE WEBSITE, THAT THE INFORMATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE UPWARD SPIRAL EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION, OR MATERIALS.
THE UPWARD SPIRAL IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, EXCEPT TO THE EXTENT THAT SUCH WEBSITE OR LINK IS OWNED AND OPERATED BY THE UPWARD SPIRAL OR ITS AFFILIATE(S).
10. LIMITATION OF LIABILITY
Use of our services is at your own risk. With regard to outside vendors and information providers, we do not endorse, or otherwise recommend or approve any product or information located on or available through our Website. We do not own or control other networks, sites, or hyperlinked sites outside of our own Website, including the outside parties displayed on and/or accessed through the Website.
The Upward Spiral has made reasonable efforts to validate that the information displayed in the Website is up to date and accurate. However, the status of any given resource which is displayed on the Website cannot be guaranteed. Users are encouraged to undertake all reasonably-necessary steps to verify resources displayed in the Website. EXCEPT WHERE LAW PROVIDES OTHERWISE, THE UPWARD SPIRAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF THE WEBSITE AND/OR THE PRODUCTS AND SERVICES DISPLAYED ON OR ACCESSED VIA THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE UPWARD SPIRAL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SERVICES, LOSS OF DATA, INTERRUPTION OR LOSS OF USE OF ANY EQUIPMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR INVASION OF PRIVACY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE PRODUCTS AND SERVICES DISPLAYED ON OR ACCESSED VIA THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
EXCEPT WHERE LAW PROVIDES OTHERWISE, WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE NETWORKS OR INTERCONNECTION POINTS BETWEEN OUR SITE AND OTHER NETWORKS AND/OR SITES THAT ARE OPERATED BY THIRD PARTIES. WE ALSO MAKE NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR SITE, AND YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS OUR SITE MAY BE IMPAIRED OR DISRUPTED.
ALTHOUGH WE WILL USE REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
THE UPWARD SPIRAL IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR FAILURE OF THE INTERNET.
You agree to defend, indemnify and hold The Upward Spiral and its directors, officers, employees, agents, attorneys, volunteers, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys’ fees) arising from or relating to your use of the Website or your acts or omissions, including but not limited to: (1) infringement or misappropriation of any intellectual property rights; (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; (3) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms & Conditions; and/or (4) any damage or destruction to our Website, to us, or to other persons or parties.
12. TERMINATION AND INVESTIGATION
The Upward Spiral may terminate the license granted to you under the above “WEBSITE ACCESS; PROHIBITED ACTIVITIES” section at any time if you are in breach of these Terms & Conditions. The license will terminate immediately without notice from The Upward Spiral if, in The Upward Spiral’ sole discretion, you fail to comply with any term or provision of these Terms & Conditions. Upon such termination, you may not access, use, or view the Website.
We reserve the right to investigate suspected violations of these Terms & Conditions. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
You hereby acknowledge that your breach of these Terms & Conditions may result in immediate and irreparable harm to The Upward Spiral, for which there will be no adequate remedy at law, and that The Upward Spiral shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Website. Your breach of these Terms & Conditions may also entitle The Upward Spiral to bring an action against you for any and all other remedies available at law or in equity.
This Terms & Conditions, and the rights and obligations of you and The Upward Spiral hereunder, shall be governed by, and construed in accordance with, the laws of the State of Oregon. Except where applicable law requires a different dispute resolution process, you further agree that any legal action or proceeding between you and The Upward Spiral arising out of or relating to these Terms & Conditions or your use of the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Los Angeles, California, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.
15. NO WAIVER; SEVERABILITY
A waiver of any breach of any provision of these Terms & Conditions shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms & Conditions. In the event that any provision of these Terms & Conditions is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
We may assign our rights and delegate our duties under these Terms & Conditions either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms & Conditions to anyone else.
This Terms & Conditions does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
Effective Date: May 25th, 2018.