Terms and Conditions

 

READ CAREFULLY This Terms of Use Agreement      

                                               

Terms  of Use applies to use of the 95prayers.com website located at  http://www.95prayers.com. The Site is the  property of 95 Prayers. Before you make any purchases, you must first establish a customer account

 

IF YOU DO NOT AGREE WITH OUR TERMS AND CONDITION, DO NOT USE THE SITE                                                                                                                                         

 

95prayers.com reserves the right, at its sole discretion, to change, add  or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use As long as you comply with this Terms of Use and any such modifications, 95prayers.com grants you. End User a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.                                                                                                                                                                                                                          

1. Content

Copyright and Trademark Notice All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site  (collectively,

Content, including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to 95prayers.com, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other  medium or for any commercial purpose, without 95prayers.com's prior express  written consent. Except as expressly provided herein, you are not granted any  rights or license to patents, copyrights, trade secrets, trade dress, rights  of publicity or trademarks with respect to any of the Content, and  95prayers.com reserves all rights not expressly granted hereunder.  95prayers.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.                                                                                                              

95PRAYERS.COM is registered trademarks, trademarks or service marks of 95 Prayers. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of 95prayers.com. All other trademarks or service marks are property of their respective owners. The use of any 95prayers.com trade mark or service mark without 95 Prayers's express written consent is strictly  prohibited.  

                                                                                               

2. Registration; Customer Accounts;

Use of Site Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify 95prayers.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by 95prayers.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at anytime. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as  prompted by the registration process. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the  Site or any Content, or in any way reproduce or circumvent the navigational  structure or presentation of the Site or any Content, to obtain or attempt to  obtain any materials, documents or information through any means not purposely  made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.                                                            

You also agree that 95prayers.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account  for any reason, including without limitation: (1) attempts to gain  unauthorized access to the Site or assistance to others attempting to do so,  (2) overcoming software security features limiting use of or protecting any  Content, (3) discontinuance or material modification of the Site or any  service offered on or through the Site, (4) violations of this Terms of Use,  (5) failure to pay for purchases, (6) suspected or actual copyright  infringement, (7) unexpected operational difficulties, or (8) requests by law  enforcement or other government agencies.                                                      

 

You agree that 95prayers.com  will not be liable to you or to any third party for termination of your  access to the Site.

 

3. Consent To Collection, Use, Disclosure of Your Personal Information

As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.                                                      

While 95prayers.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to  your private information. IN NO EVENT SHALL 95PRAYERS.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL  INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT  LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF  WHETHER 95PRAYERS.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES  WERE POSSIBLE.                                                                                                                                                    

4. Consent To Our Communication With You By E-Mail.                                          

By establishing an Account with us, and each time you make a purchase through our Site, you  grant permission for 95prayers.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at info@95prayers.com or follow the opt-out  procedures set forth in such marketing emails                                                                                                                                                                                                                                                    

5. Conditions of Sale and Payment Terms

To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other  legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on  the card, (ii) your credit card number, (iii) the credit card type, (iv) the  date of expiration, (v) any activation numbers or codes needed to charge your  card and (vi) all cost and payment are in US($) Dollar. By submitting that information to us, you hereby agree that you  authorize us to charge your card at our convenience but within thirty (30)  days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.                                                                                                                                                                                                                                                                                          

6. Methods of Payment, Credit Card Terms and Taxes

All payments must be made by VISA or MasterCard (each of which  may be removed by 95prayers.com in its sole discretion). Unless expressly set forth on the 95prayers.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of  payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT 95PRAYERS.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY  A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify 95prayers.com of any discrepancies within sixty (60) days after they first appear on your credit  card statement, you agree that they will be deemed accepted by you for all  purposes. If 95prayers.com does not receive payment from your credit card  issuer or its agent, you agree to pay all amounts due upon demand by  95prayers.com or its agents. You are responsible for paying any governmental  taxes imposed on your purchases, including, but not limited to, sales, use or  value-added taxes. 95prayers.com shall automatically charge and withhold the  applicable sales tax for orders to be delivered to addresses within Wisconsin and any  other states or localities that it deems is required.                                                                                                                                                                               

7. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. 95prayers.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. 95prayers.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by 95prayers.com upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 must obtain pre-approval with an acceptable method of payment. We may require additional verifications or information before accepting any order.                                                                                                                                                                                                                                               

8. No Responsibility To Sell Mispriced Products Or Services

95prayers.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors.  95prayers.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, 95prayers.com shall issue a credit to your credit card account in the amount of the charge with in 30 days.                                                                                                                                                  

9. Modifications to Prices or Billing Terms

95PRAYERS.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.                                                                                                                                  

10. Price Comparisons, "List Price" and "You Save"

Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing.

“LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the Internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time.                                                                         

“YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.                                                                                                                                                                                        

11. Indemnification

You agree to indemnify and hold harmless 95prayers.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees,  made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.                                                                                                                                                                                                                                                                       

Disclaimer of Warranties.                                                                                                                                                                                                                                               

12. LIMITATION OF LIABILITY

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL 95PRAYERS.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL,  INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER  (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,  BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)  ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY  PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY  TO USE THE 95PRAYERS.COM SITE OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE  ARISING OUT OF THE USE OF THE 95PRAYERS.COM SITE WHETHER BASED ON CONTRACT,  TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF 95PRAYERS.COM HAS  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT 95PRAYERS.COM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO  95PRAYERS.COM BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF 95PRAYERS.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.                                                                                                                                                                                                                                                  

13. Policy to Terminate Privileges for Copyright Infringement

Pursuant to 17 U.S.C. ß 512 as amended by Title II of the Digital Millennium Copyright Act, 95 Prayers will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the 95prayers.com and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, 95prayers.com will terminate the infringing customer's account. 95prayers.com may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. ß 512(c), 95prayers.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. 95prayers.com respects the intellectual property of others and we ask other to do the same.                                                                                  

 

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