Terms and Conditions of Use
Introduction
Welcome to www.prayerisamust.com (the “Site”). P.E.A.C.E. Prayer Army, Inc, (referred to
as "PPA", “we”, “us” or “our”, as applicable) provides you with access to the
Site subject to the terms and conditions contained in this Terms of Use
Agreement (the “Agreement’). Please read this Agreement carefully. By accessing
or using this Site, you agree without restriction to be bound by this Agreement.
If you do not agree to follow and be bound by this Agreement, you may not
access, use or download materials from this Site.
Please note that if you are an existing customer or supplier of PPA, these terms are not intended to replace or modify those contained in your customer or vendor agreement. In case of an inconsistency, the terms and conditions of your written agreement will prevail over those contained herein. All PPA products and services may also be subject to separate terms and conditions which govern their use.
PPA reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by this Agreement as revised. For this reason, we encourage you to review this Agreement each time you use this Site. This Agreement was last revised on March 1, 2009.
The Availablity of the Site and
International Users
The Site is administered by PPA from
Orlando, Florida in the United States. This Site and its contents (the
“Content”) are designed to comply with United States laws and regulations and
are intended for use by United States residents only. Access to the Site and the
Content may not be legal by certain persons or in certain countries outside of
the United States. If you access this Site from outside the United States, you
do so at your own risk and are responsible for compliance with the laws of your
jurisdiction. Materials published on this Site may refer to products or services
that are not available in your country. Consult your local PPA office for more
information. Furthermore, PPA makes no representation that the materials on the
Site are appropriate or available for use at other locations outside of the
United States and access to them from countries where their contents are illegal
is prohibited. You should not construe anything on the Site as a promotion or
solicitation for any product or for the use of any product that is not
authorized by the laws and regulations of the country in which you are
located.
This Site is Not a Source of
Medical Advice
The Content of this Site is presented in summary
form, is general in nature, and is provided for informational purposes only; it
is not intended nor recommended as a substitute for professional medical advice.
You should not use the Content of this Site for diagnosing a health or fitness
problem or disease. Always seek the advice of your physician or other qualified
health provider regarding any medical condition or treatment. Nothing contained
on this Site is intended to be for medical diagnosis or treatment. Never
disregard medical advice or delay in seeking it because of something you have
read on this Site.
Copyright Notice and Limitation on
Use
No use should be made of materials on this Site, except as
expressly authorized by this Agreement. All Site Content, including the
selection, arrangement and design of the Content is owned either by PPA or its
licensors and is protected by copyright and other intellectual property laws
including the sui generis rights relating to the protection of databases. You
may not modify, copy, reproduce, republish, upload, post, transmit or distribute
in any way any Content, in whole or in part, including any code and software.
You may not download Content from the Site for your own personal, non-commercial
use, or commercial use.
Trademark Notice
All of the trademarks, service
marks and logos displayed on this Site (the "Trademark(s)") are registered and
unregistered trademarks of PPA, its affiliates, or third parties. Nothing
contained in this Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right in and to the Trademarks without
the express written permission of PPA or the applicable third party. Except as
expressly provided in this Agreement, any use of the Trademarks found on the
Site is strictly prohibited. Please note that the names of the companies and
products mentioned on this site may be trademarks of their respective owners. A
complete list of PPA's trademarks for each operating segment is provided
below.
Public and Unsolicited
Information
This Site may provide opportunities to provide PPA
feedback regarding this Site and our products and other unsolicited submissions
(collectively, “Unsolicited Information”). You may only provide Unsolicited
Information which meets the requirements of these Terms and
Conditions.
Subject to the conditions provided herein, we accept innovative ideas for new products and technologies to our company by individuals and organizations not employed by or affiliated with PPA so long as such inventions are covered by existing patents or are those for which patents have been applied for by the submitter.
PPA and its employees do not accept or
consider other unsolicited ideas, including ideas for new advertising campaigns,
new promotions, new products or technologies, processes, materials, marketing
plans or new product names. Please do not send any original creative artwork,
samples, demos, or other works. The sole purpose of this policy is to avoid
potential misunderstandings or disputes when PPA's products or marketing
strategies might seem similar to ideas submitted to PPA. So, except under the
circumstances described above relating to patented ideas or those for which you
have filed a patent application, please do not send your unsolicited ideas to
PPA or anyone at PPA.
If, despite our request that you not
send us your ideas and materials, you still send them, and in the event you post
Public Information on our Site, all such Public Information and all such
Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY
and PPA and its affiliates are free to use such information for any purpose and
in any manner whatsoever.
This Site may present opportunities to
post information to public areas of the Site, such as bulletin boards
(collectively, “Public Areas”), or to send along comments and feedback (any such
information provided, “Public Information”). Although PPA may, from time to
time, monitor or review the information posted to the Public Areas of the Site,
PPA is under no obligation to do so, and assumes no responsibility or liability
arising from the Content of such Public Areas or the Site in general or for any
error, defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in the Site.
You
are prohibited from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate the law.
PPA will fully cooperate with any law enforcement authorities or court order
requesting or directing PPA to disclose the identity of anyone posting any such
material.
Children under the age of eighteen should not submit any Public Information or Unsolicited Information containing personally identifiable data.
Links to Other
Websites
This Agreement applies only to this Site. This Site
may frame or contain references or links to other PPA Web sites (the “Other PPA
Sites”) as well as other Web sites that are not operated by PPA (the “Third
Party Sites”). These references and/or links to the Third Party Sites are
provided for your reference and convenience only, and do not imply any review or
endorsement of the material on these Third Party Sites or any association with
their operators. PPA does not control these Third Party Sites and is not
responsible for their content. The Third Party Sites (and any Web sites to which
they link) may contain information about uses of products that have not been
approved or cleared by the Food and Drug Administration. PPA does not endorse
any "off-label" uses. The Third Party Sites (and the Web sites to which they
link) may contain information that is inaccurate, incomplete, or outdated. Your
access and use of the Third Party Sites (and any Web sites to which they link)
is solely at your own risk.
Please note that other PPA Sites are governed by their specific Terms and Conditions and Privacy Policies. We recommend that you carefully read those documents upon your entry to those other PPA Sites.
No Framing
Allowed
Elements of this Site are protected by copyright, trade
dress, trademark, unfair competition, and other laws and may not be copied or
imitated in whole or in part by any means, including but not limited to, the use
of framing, deep linking or mirrors. None of the Content for our Site may be
retransmitted without the express written consent of PPA. If you are interested
in linking to our Site, Contact Us for more information.
Dealings with
Advertisers
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings
are solely between you and such advertiser. You agree that we are not
responsible nor shall we be liable for loss or damage of any sort incurred as a
result of any such dealings or as the result of the presence of such advertiser
on the Site.
Account
Registration
Some of the functions of this Site may require
creation of an account with us. As part of the registration process, visitors
will select a User Name and Password, along with registration information, which
must be accurate and updated. You may not select or use a User Name of another
person with the intent to impersonate that person or use a User Name in which
another person has rights without such person's authorization. Failure to comply
with the above shall constitute a breach of this Agreement, which may result in
immediate termination of your account. You agree to take reasonable measures to
protect the security of your password.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall notify PPA of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.
Site Privacy
Policy
Our Privacy Policy is available on this Site and by
accessing the Site, you are agreeing to be legally bound by the Privacy Policy.
The Privacy Policy in its entirety is hereby incorporated into this Agreement by
reference.
Disclaimer of
Warranties
THIS SITE CONTAINS INFORMATION CONCERNING PPA THAT
MAY BE USEFUL TO OUR CUSTOMERS, EMPLOYEES, AND SHAREHOLDERS AS WELL AS TO THE
GENERAL PUBLIC. HOWEVER, PPA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY
OBLIGATION TO UPDATE SAID INFORMATION.
THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. PPA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. PPA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of
Liability
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO
CIRCUMSTANCES, SHALL PPA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE
THIS SITE OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES
TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT,
GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF
LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED
REPRESENTATIVE OF PPA OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PPA AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.
Indemnification
In
the event that any legal action is taken resulting from (i) your use of the
Content or Site, including your breach of the terms of this Agreement, or (ii)
any Unsolicited Information provided by you, you agree to defend, indemnify,
hold harmless and pay any reasonable legal and accounting fees without
limitation incurred by PPA, its affiliates, its and their directors, officers,
employees, agents, investors or licensors. PPA shall provide notice to you
promptly of any such claim, suit, or proceeding. PPA shall have the right, at
its option and expense, to participate in the defense and/or settlement of any
claim or action, or to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you without relieving your
indemnification obligations. In no event shall you settle any suit or claim
imposing any liability or other obligations on PPA without its prior written
consent.
General
You are
responsible for obtaining and maintaining all telephone, computer hardware and
other equipment needed for access to and use of the Site and all charges related
thereto. PPA reserves the right to alter or delete material from this Site at
any time. This Site is controlled and operated by PPA from its offices within
the United States. Any claim relating to, and the use of, this Site are governed
by the laws of the State of Florida, United States of America. By using this
Site, you consent to personal jurisdiction in the federal and state courts
located in the State of Florida, for any action arising out of or relating to
this Site or your use of this Site. Such courts shall have exclusive
jurisdiction over all such actions. The United Nations Convention on Contacts
for the International Sale of Goods does not apply to this Agreement.
This Agreement constitutes the entire agreement between you and PPA with respect to your access to and/or use of this Site. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. If any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.
Should you have any questions concerning the Terms and Conditions, for any reason, please contact P.E.A.C.E. Prayer Army, Inc,, at the Contact Info contained in this document.