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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"). The Site is the
property of 95 Prayers. Before you make any purchases, you must first
establish a customer account (
"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 trademark
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 any
time. 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 (
U.S.) 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. § 512 as amended by Title II of the Digital Millennium
Copyright Act (the
"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. § 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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