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Praisevocals.com, a Praise Vocals, Inc. company
Terms Of Purchase Agreement
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Subscriptions
A "Subscription” is a Product available for purchase at praisevocals.com, a Praise Vocals, Inc. company that allows access to designated content on or through praisevocals.com during the term of the Subscription. Additional terms and conditions relating to a particular Subscription may be applicable, and such terms will be set forth on the computer screen where the Subscription is being offered or in a link associated with the Subscription. These Subscription terms applicable to any Subscription purchased by you or through your praisevocals.com account are hereby incorporated into these Terms of Purchase.
A “Download” is an item which is distributed, transmitted or communicated over a communication medium (including but not limited to, websites, broadband, narrowband or other Internet systems, wired and/or wireless systems; satellite, optical fiber, wire or cable;), whether now or hereafter known, from one location to a remote location, in such a manner that the item, when received at the remote location, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated to the recipient at such remote location, without regard to whether such item is simultaneously performed or displayed during such distribution, transmission or communication.
Subscriber’s Responsibilities
You are responsible for the purchase and maintenance, at your sole cost and expense, of any additional hardware, software, Internet access, and/or related service access and devices required to access praisevocals.com
Methods of Payment
You may use the following methods of payment to purchase a Product through or on the praisevocals.com website: MasterCard, Visa, Discover, American Express or PayPal. By purchasing a Product, you represent and warrant that you have the right and are authorized to use the credit/debit card or other method of payment you present to purchase such Product and that the billing and related information you provide is accurate and truthful. If you are using a credit/debit card to purchase a Subscription, or to pay a balance, you understand and agree that praisevocals.com may seek a pre-approval from the bank that issued your credit/debit card for an amount that shall not exceed the value of your order plus an estimated allowance for any applicable taxes, shipping and handling charges and other applicable charges. Applicable limits on such cards may prevent you from making a purchase.
Authorization
You acknowledge that we will, and hereby authorize us to, charge your credit/debit card when we bill you for any charges incurred by you in connection with the purchase of a Subscription, including but not limited to, all amounts due praisevocals.com in connection with your purchase of a Subscription, whether such amounts become due before or upon termination of a Subscription pursuant to these Terms of Purchase (e.g., any amounts due for a current or future subscription period and any applicable termination fees). By providing a credit/debit card number and related billing information to praisevocals.com. in connection with your praisevocals.com account, you authorize praisevocals.com to charge that credit/debit card for all products ordered under that praisevocals.com account without further or prior notice to you, including but not limited to all amounts that become due before or upon termination of a Subscription. If for any reason, you have not authorized charges to be made to your credit/debit card or your credit/debit card issuer does not pay praisevocals.com for charges, praisevocals.com reserves the right to suspend or terminate any order, including but not limited to any Subscription.
Billing
If you make a purchase through your praisevocals.com account, you may access information regarding such purchase through that account. We will send you a receipt for such purchases via email. For the purposes of these Terms of Purchase, the "Total Purchase Price" means the value of Product(s) purchased plus any applicable taxes, shipping and handling charges and other applicable charges. Products purchased via praisevocals.com will be billed in accordance with the following: If you purchase a Subscription, our policy is to (1) authorize your credit/debit card at the time of purchase for the price of the initial subscription period for such Subscription Product plus an estimated allowance for any applicable taxes, shipping and handling and other applicable charges, and (2) bill your credit/debit card for the Total Purchase Price of such initial subscription period within one to two business days. Fees for subsequent subscription periods will be authorized/billed automatically (in accordance with the preceding sentence) according to the applicable Subscription (i.e. monthly, yearly, etc.) made available to you when purchasing the Subscription (each fee paid for an applicable subscription period is a "Subscription Payment"). Praisevocals.com will continue to bill you monthly, yearly or otherwise, as applicable, for all amounts due praisevocals.com in connection with your purchase of a Subscription whether such amounts become due before or upon termination of a Subscription (e.g., any amounts due for a current or future subscription period and any applicable termination fees). If any amounts are not paid within the above agreed period, You agree to pay a finance charge on such outstanding amounts at the rate of one and one-half percent (1.5%) per month (18% per annum) or the maximum amount permitted by law, whichever is less. In the event the billing information in your applicable praisevocals.com account is not current or accurate when a fee for or in connection with a Subscription is due, praisevocals.com may immediately terminate your subscription without any further obligations to you. If a Subscription Payment for a Subscription will vary in amount from the immediate past Subscription Payment, praisevocals.com will inform you, at least thirty (30) days before the next Subscription Payment is due, what the new amount of your Subscription Payment will be and when it will be charged to your account.
Subscription Renewals
1. Your Subscription shall continue and automatically renew on the periodic basis set forth under the Subscription Terms made available to you when purchasing the Subscription unless terminated by you or praisevocals.com as provided in these Terms of Purchase.
2. The termination of a Subscription: You may terminate your subscription at any time for any reason by emailing praisevocals.com. Your termination of a Subscription will be effective following the expiration of the then-current subscription period. For example, if you subscribe to a Subscription on a yearly basis your termination is not effective until the end of that billing year, if you terminate your subscription in month 4 of a particular billing year by emailing praisevocals.com, your termination will not be effective until the end of that billing year, you will be required to pay all fees for that year, and your subscription will not be prorated for that year. Upon termination, all amounts owed to praisevocals.com with respect to such Subscription, shall become IMMEDIATELY due to praisevocals.com.
Refund Policy
Subscriptions and Downloads: No refunds, returns or exchanges are permitted. All sales are final.
Modifications to the Terms of Purchase.
We may amend these Terms of Purchase upon advance notice provided to you in a manner we choose, as long as it complies with the law, and such revised Terms of Purchase will apply to purchases made by you subsequent to such notice. In addition, with respect to any Subscription we may modify the terms and conditions specific to a Subscription upon advance notice provided to you in a manner we choose, as long as it complies with the law. In the event such change has a material adverse impact (or other standard as may be required by law) on your rights or use of the Subscription, you may terminate the Subscription (as your sole remedy) in the manner described in the notice we provide, and you will not be charged for the remainder of the Subscription period. If you do not terminate the Subscription within the time period and as otherwise described in the notice, you agree to the change.
Representations and Warranties.
You represent and warrant (1) you are over eighteen (18) years of age, (2) if you provide praisevocals.com with information concerning a third party, including, without limitation, a third party's name and address, you have the authority to do so; and (3) the praisevocals.com account information, billing information, or other information you provide in connection with your purchase are and will be true, correct, accurate and complete when supplied and will be updated and revised as and when data previously supplied becomes inaccurate.
Warranty Disclaimers.
GENERAL DISCLAIMER: YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SUBSCRIPTION PRODUCTS. ANY SUBSCRIPTION PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRAISEVOCALS.COM WEBSITE SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. PRAISEVOCALS.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY PRODUCTS FROM THE PRAISEVOCALS.COM.
SPECIFIC DISCLAIMERS: PRAISEVOCALS.COM MAKES NO WARRANTY THAT: (1) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF PRODUCTS; (2) THE PRODUCTS WILL FULFILL ANY PARTICULAR PURPOSE, NEED REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (3) YOUR ORDER FOR A PRODUCT(S) WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (4) THE PRODUCTS WILL BE SECURE OR ERROR FREE; (5) ANY ERRORS IN PRODUCTS WILL BE CORRECTED; (6) PRODUCTS ARE LAWFUL, APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; OR (7) PRODUCTS DISPLAYED OR REFERENCED ON THE PRAISEVOCALS.COM WEBSITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION.
Limitation of Liability.
In no event shall the liability of praisevocals.com for any damages or penalties or loss arising out of or relating to our products, regardless of the form of action or claim, whether in contract, tort (including negligence) or otherwise of any type exceed, with respect to a (1) a non-subscription product, the total of any sums paid to praisevocals.com for such product; (2) subscriptions, the total of any sums paid to praisevocals.com for such subscription services for six months prior to the date such claim arose; in no event shall praisevocals.com’s liability exceed the refund price of a subscription, any claim for damages in excess thereof being hereby waived by you. Types of damages. Praisevocals.com shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of any product, even if praisevocals.com has been advised of the possibility of such damages. Indemnification. You agree to defend, indemnify and hold harmless praisevocals.com, a Praise Vocals, Inc. company and it’s officers, directors, predecessors, successors in interest, shareholders, employees, OFFICERS, DIRECTORS, PROVIDERS and agents (cumulatively "Praise Vocals, Inc. Indemnitees") for all claims against the Praise Vocals, Inc. Indemnitees that arise from or are related to your purchase or use of the Products.
Severability. If any provision of these Terms of Purchase is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Governing Law; Claim Limitation.
To the fullest extent permitted by law, these Terms of Purchase and any claim or dispute arising out of or relating to these Terms of Purchase, will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Purchase, including but not limited to any Product, shall be subject to the exclusive jurisdiction of state or federal courts located in Ventura County, California, and you hereby consent and submit to the personal jurisdiction of such courts.
Entire Agreement. These Terms of Purchase constitute the entire agreement between you and praisevocals.com, a Praise Vocals, Inc. company relating to your purchase of Products and shall supersede any other agreement between you and praisevocals.com. with respect to the subject matter of these Terms of Purchase. |
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