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Terms and Conditions and Privacy Policy

PRAYWC, LLC 

TERMS AND CONDITIONS 

Thank you for visiting PrayWC, LLC and the PRAYR App (together, “PRAYR,” “we,” “our,” or “us”). This Terms and Conditions Agreement (the “Terms”) is a legal agreement between you and PRAYR and governs your use of our Services. The “Services” means our website, prayr.co and our PRAYR App (our mobile application) and any other website, social media pages, or apps owned or operated by PRAYR, or its affiliates (collectively, the “Site”) and any and all products and services provided to you by PRAYR. By using our Services, you or your business (each, “you,” “your,” “their,” or “user”) agree to be bound to these Terms, and to the extent such acceptance by you is made on behalf of any entity or other organization, the individual making such acceptance represents and warrants they are authorized to bind such entity or other organization to these Terms. 

BEFORE VIEWING OR BROWSING THE SITE OR USING THE SITE OR ANY PRODUCTS OR SERVICES OF PRAYR, PLEASE READ THESE TERMS CAREFULLY, AS THEY (AMONG OTHER THINGS) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, AND INCLUDES, WITHOUT LIMITATION A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. 

BY USING OUR SERVICES, CREATING AN ACCOUNT, AND/OR DOWNLOADING ANY APP WE MAY OFFER, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND PRAYR. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE THE SITE, CREATE AN ACCOUNT WITH US, OR MAKE ANY PURCHASE. 

  1. Privacy Policy. By accessing or using our Site, you also acknowledge having read the Privacy Policy, which contains details relating to our collection, use, and disclosure of your Personal Information (as defined therein). If we make any third-party products or services available to you via the Services, the privacy policies of such third-parties will apply with respect to their collection, use and disclosure of your Personal Information. 

  2. Individual Features. When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, products, or services provided through one or more of our partners or business associates, and you should refer to those before using such. 

  3. Modification. We may make modifications, deletions, and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided via the website, any app we offer, or through other user interfaces, such as the email or phone number associated with your Account (defined herein below), or otherwise; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. 

  4. Accounts; Access to Services.  

    1. For some aspects of our Site, you may need to or be able to register an account with us via our website or app (“Account”). To use the Site in this manner and/or register an Account, you must represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site, and also provide a valid email address and password to create your login profile for the Account. 

    2. Each Account and the rights and privileges provided to Account holders is personal and non-transferable. If you create an Account with us, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, and/or registration forms associated with our Site for any Account (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your Registration Data or of any other breach of security regarding your Account.  

    3. Certain services may be available exclusively online through the Site. We reserve the right, but are not obligated, to limit the offering of our Services to any person, geographic region, or jurisdiction. We also reserve the right to remove any User Content (defined herein below). We may exercise these rights on a case-by-case basis. We reserve the right to discontinue any Services at any time. Any offer for any services made on our Site is void where prohibited. 

  5. International Access. The Site may be accessed from countries other than the United States. However, the Site may only be available for use in certain international locations. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site is appropriate or available for use in other locations. Users may not download, use, export, or re-export any content posted including, without limitation, any PRAYR Materials (defined herein below) on or through the Site or any software utilized or available in connection with the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls. 

  6. Ownership; Proprietary Rights. The Site is owned and operated by PRAYR and our affiliates. The content, visual interfaces, information, graphics, photos, videos design, compilation, computer code, products, software, Site, and all other offerings and elements thereof that are provided by PRAYR (“PRAYR Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All PRAYR Materials are the proprietary property of PRAYR or its affiliates and/or third-party licensors, or as otherwise noted in connection therewith. All trademark, service mark, and trade names (“Trademarks”) on the Site or in connection with the Services offered are the property of their respective owners. Except as expressly authorized by PRAYR, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the PRAYR Materials. Unauthorized use of any of the Trademarks, including, without limitation, reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries, as applicable. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in these Terms, and nothing otherwise stated or implied in the Services confers on you any license or right to do so. In addition, the look and feel of the Services, including, without limitation, all page headers, graphics, button icons and scripts, constitute Trademarks and are subject to the restrictions on the use of Trademarks. 

  7. Errors, Inaccuracies, and Omissions. Occasionally, there may be information on the Site that contains errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, and availability of Services. This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information in the Services is inaccurate at any time without prior notice, but we have no obligation to update any information in our Services. You agree that it is your responsibility to monitor changes to our Services.

  8. Third Party Sites. These Terms apply to our Services. The Services may include, without limitation, advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. We and our affiliates may be active investors in businesses related to or mentioned in the Services (such as Major League Rugby) and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products or services mentioned in the Services. You acknowledge and agree that PRAYR is not responsible and shall have no liability for the content of such third-party sites, and products or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully. 

  9. Use; Prohibited Uses. 

    1. You may use the Services solely for your own individual non-commercial and informational purposes only. Any other use, including, without limitation, for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database, or directory, is prohibited absent our express prior written consent.  

    2. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by these Terms. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request. 

    3. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site. You may not intentionally interfere with or damage the operation of the Site or any user’s enjoyment of it, by any means, including, without limitation, uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the same. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Site or any activities conducted on or in connection with the same. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.  

    4. You agree neither to modify the Site in any manner or form, nor to use modified versions of such, including, without limitation, for the purpose of obtaining unauthorized access to the Site.  

    5. Any resale or unauthorized commercial use of the Site, PRAYR Materials, or our Services is prohibited, as is the distribution, public performance, or public display of any PRAYR Materials; the sending of any junk or unsolicited mail to other users of the Site, including, without limitation, unsolicited or unauthorized advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, email, junk mail, spam, chain letters, informational announcements, charity requests, petitions for signatures, or other form of solicitation; the collecting or storing any personal information from other users of the Site. 

    6. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. 

    7. You may not utilize framing techniques to enclose any trademark, logo, or other PRAYR Materials without our prior, express, written consent. You may not use any metatags or any other “hidden text” utilizing PRAYR’s name or trademarks without our prior, express, written consent. 

    8. You may not deep-link to the Site and shall upon notice from PRAYR promptly remove any links that PRAYR finds objectionable in its sole discretion. You may not use any PRAYR logos, graphics, or trademarks as part of the link without our prior, express, written consent. 

  10. User Content and Communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Services, including, without limitation, social media pages or sites connected to PRAYR, may allow you or other users to post, link, store, or otherwise make available a variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Services any of the following:  

    • User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion); 

    • User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national, or international law; 

    • User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; 

    • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third-party including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and similar information;  

    • User Content that does not comply with the Federal Trade Commission's Endorsement Guides, including, without limitation, through the failure to disclose any incentives provided to the user or the failure to disclose a relationship between the user and a business; 

    • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content; 

    • User Content that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing); 

    • User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and 

    • User Content that attempts to disrupt the Services. 

    •  

    • ​We, currently and may in the future, provide interactive services on our Site, including, without limitation: chat rooms and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including, without limitation, whether it is human or technical). We will endeavor to assess possible risks for users from third parties when they use any interactive service provided on through our Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including, without limitation, what kind of moderation to use) in light of those risks. However, we may, but are under no obligation to, oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

  11. Mobile App 

    1. PRAYR may provide Services through a mobile app (the “App”), including, without limitation, an App developed for the Apple Inc. (“Apple”) and Alphabet Inc. (“Android”) mobile platforms. The App is considered an extension of the Site, is included in the definition of such, as is subject to these Terms, along with any content contained therein. The App may collect Personal Information from you. Please refer to the Privacy Policy for how we handle such Personal Information. 

    2. The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable, non-assignable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services. You will only use the App in connection with a device that you own or control. 

    3. By using the App, you agree that we may communicate with you regarding PRAYR by SMS, MMS, text message, or other electronic means such as through push notifications to your mobile device and that certain information about your usage of the App may be communicated to us. 

    4. In order to use the App, your mobile device must satisfy certain system requirements. Those requirements can be found on the Apple and Google app marketplaces. PRAYR may, from time to time in its sole discretion, make updates, modifications, supplements, or new versions of the App or this Site available to you under these Terms for the purpose of, among other things, distributing bug fixes, patches, and feature improvements, or for any other reason. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. PRAYR disclaims any and all liability relating to your failure to install any updates to the Site. Notwithstanding the foregoing, PRAYR does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Site. 

    5. You and PRAYR acknowledge that the Terms are concluded between you and PRAYR only, and not with Apple or Google, and that Apple and Google are not responsible for the App or the content. You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any appliable warranty, including, without limitation, those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App. 

    6. You acknowledge and agree that PRAYR, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App. You acknowledge and agree that in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, PRAYR, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim. Both you and PRAYR acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of the agreement which may affect or be affected by such use. 

    7. Both you and PRAYR acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. 

  12. Ownership of Feedback, Testimonials, and User Content 

    1. You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations (“Feedback”) to us. You hereby agree that PRAYR alone (and its licensors, where applicable) shall own all right, title, and interest, including, without limitation, all related intellectual property rights, in and to any Feedback you provide to PRAYR in any media regarding PRAYR Materials, and accordingly hereby assign such to PRAYR without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback. 

    2. From time-to-time, PRAYR may permit end-users to submit reviews and testimonials regarding certain of the Services and third parties listed on the Site, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to PRAYR the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to PRAYR that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did PRAYR provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of PRAYR; (c) you are not an immediate family member of an employee, officer, or director of PRAYR; and (d) you are not living in the same household with an employee, officer, or director of PRAYR. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no advertisement or other material incorporating or making reference to the Testimonial need be submitted to you for approval. PRAYR shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release PRAYR from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, advertisement, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that PRAYR shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to PRAYR. 

    3. You also hereby grant PRAYR a non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to the PRAYR Materials on or in any and all media (now known or hereafter developed) as PRAYR deems necessary to its business. This license survives termination of these Terms. PRAYR reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored through the Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store in our Services, at your sole cost and expense. 

    4. You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share Feedback or User Content you submit in accordance with these Terms and (b) no Feedback or User Content you submit to us infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights.  

  13. Availability of Site. 

    1. PRAYR may make changes to or discontinue any of the media, content, or services available within the Services at any time, for any reason, and without notice. PRAYR makes no commitment to update the media, contests, content, or services through the Services. 

    2. Use of the Site requires an internet connection and may result in charges from your cellular or internet service provider(s). PRAYR is not responsible for any such charges. PRAYR is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of PRAYR’s direct control. Not all of the features available through the Services including, without limitation, certain live streaming audio, video, or access to high-quality video, may be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services or unless you complete any necessary payment or subscription fee, as applicable. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. If we change the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions of Section 15 of this Agreement. 

  14. Notice. Except as explicitly stated otherwise, legal notices shall be served by a user on PRAYR’s national registered agent, or by PRAYR to the email address you provide to PRAYR during any Account registration process. Notice shall be deemed given 24 hours after a notice is sent by email, unless the sending party is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including, without limitation, that such communications be in writing. 

  15. Violations; Termination.  

    1. You agree that PRAYR, in its sole discretion and for any or no reason, may terminate any PRAYR user, member, or Account (or any part thereof) or your use of the Services at any time. PRAYR may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice.  

    2. PRAYR reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, without limitation, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of PRAYR, its users, and the public. PRAYR also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.  

    3. These remedies are in addition to any other remedies PRAYR may have at law or in equity. You agree that PRAYR shall not be liable to you or any third-party for any such termination. All provisions which, by their nature, are intended to survive termination, including, without limitation, those with respect to payment obligations accruing prior to such termination will survive any termination of these Terms. 

  16. Copyright Infringement & DMCA Information; Trademark Infringement.  

    1. DMCA Notices of Copy Infringement 

      1. PRAYR respects the intellectual property rights of others and takes intellectual property concerns seriously. PRAYR reserves the right to remove any content from the Services for any reason, including, without limitation, if it infringes the copyright of any person under the laws of the United States. Under the appropriate circumstances, the PRAYR will, and expressly reserves the right to, disable or terminate the accounts of users who are repeat copyright infringers. 

      2. Pursuant to Title 17, United States Code, § 512(c)(2)–(3) if you believe in good faith that your copyrighted work has been used on the Services in a way that constitutes copyright infringement, please provide our DMCA Agent with a written communication containing the information set forth below: 

(a) Identification of the copyrighted work claimed to have been infringed. PRAYR asks that if the work is registered, please include the copyright registration number or a copy of the registration certificate; if the work is unregistered, please include a screenshot or detailed description of the work. 

(b) Identification of the allegedly infringing material that is requested to be removed and where it is located on the Services. PRAYR asks that you provide a hyperlink to the allegedly infringing material on the Services and describe how the allegedly infringing material infringes your work. 

(c) Your name, address and daytime telephone number, and an e-mail address (if available), so that we may contact you if necessary. 

(d) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 

(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed. 

(f) A statement acknowledging that PRAYR may provide a copy of the submitted notice of infringement, including, without limitation, any contact information contained therein, to the user who posted the allegedly infringing content. 

(g) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Claims of copyright infringement that include the above-requested information should be submitted via postal mail or e-mail to PRAYR’s DMCA Agent as follows: 

 

DMCA Agent 

PRAYWC LLC 

PO Box 88227 

Steilacoom, WA 98388 

253-588-7700 

support@prayr.co 

(Please include "DMCA Notice of Infringement" in the subject line). 

 

DMCA Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying the PRAYR that your copyrighted or material may have been infringed. Only DMCA notices of copyright infringement will be addressed through this process. If you believe your trademark is being infringed, please see the below instructions for submitting a trademark infringement notice. 

16.2 IMPORTANT NOTE.  

16.2.1    Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report with respect to copyright infringement may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries. 

16.2.2    Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement. 

16.2.3   Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner's behalf. 

17.   Disclaimers; No Warranties.  

  1. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE SERVICES ARE SUITABLE FOR USE. THE SITE AND ANY MEDIA, SOFTWARE, SERVICES, PRODUCTS, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRAYR, AND ITS AFFILIATES VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PRAYR, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN OR VIA THE SITE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE PROVIDER OR SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.  

  2. PRAYR, AND ITS AFFILIATES, VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PRAYR NOR AFFILIATES, VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

18.   Indemnification; Hold Harmless. You agree to indemnify and hold PRAYR, and its vendors, agents, employees, associates, and/or partners, harmless from any claims, losses, damages, liabilities, including, without limitation, attorney’s fees and costs, arising out of your use or misuse of the Site or Services in violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. PRAYR reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. 

 

19.   Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PRARY OR ITS AFFILIATES, VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AND/OR PARTNERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE PRAYR MATERIALS ON THE SITE OR THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH PRAYR, EVEN IF PRAYR OR A PRAYR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PRAYR’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PRAYR’S OR ITS AFFILIATES, VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AND/OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, TO PRAYR FOR ACCESSING THIS SITE. IN NO EVENT SHALL PRAYR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS SOLD TO YOU BY THIRD PARTIES OTHER THAN PRAYR AND RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRAYR AND YOU. 

 

20.   Dispute Resolution. The parties will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each party any dispute between them that may arise. The parties may, by mutual consent, retain an arbitrator to aid in their attempt to resolve any dispute. Costs of the arbitration will be borne equally by the parties, except that each party will be responsible for its own expenses. Should any dispute not be resolved pursuant to this paragraph of these Terms, the parties agree to submit to the exclusive jurisdiction of the courts located in Seattle, Washington to resolve any dispute arising out of these Terms or your access to or use of the Site or the Services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 

 

21.    Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING, WITHOUT LIMITATION, MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 

22.    Miscellaneous. 

  1. Minors. Consistent with applicable law, we do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information. 

  2. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. EACH OF YOU AND PRAYR HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, WITHOUT LIMITATION, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. EACH OF YOU AND PRAYR ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO AGREEMENT PURSUANT TO THESE TERMS. 

  3. Force Majeure; Waiver. PRAYR is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond PRAYR’s reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. 

  4. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

  5. Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PRAYR without restriction. 

  6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. 

  7. Entire Agreement. These Terms, including the recitals hereto, as may be revised or supplemented via Guidelines or amendments in our discretion, is the entire agreement between us and you relating to the subject matter herein. 

  8. Claims. YOU AND PRAYR AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST PRAYR ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE AND/OR SERVICES OFFERED BY PRAYR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 

Last Modified: June, 2023 

 

 

 

FG: 101641593.2 

Mobile Application Privacy Statement 

Privacy Policy

Updated: June 22, 2023 

 

This Privacy Statement describes how PrayWC, LLC and the PRAYR app (“PRAYR,” “we,” “our,” or “us”) treat certain information collected or provided in connection with an end user’s (“you,” “your” or “user”) use of PRAYR’s mobile application (“App”). This Privacy Statement also applies to any Personal Information collected, stored, or used by us, such as information you provide us through the App as well as by email, mail, or telephonic communications, in each case, in connection with the App. For the sake of clarification, this Privacy Statement does not apply to use of the PRAYR website (https://www.prayr.co/) or other websites; it applies only to Personal Information collected through or in connection with the App.  

 

The information provided in this Privacy Statement is designed to inform you of what information we collect, why we collect such information, how we use the information we collect, and the choices we offer, including how to access and update information. By accessing or using our App, you consent to the Terms and Conditions and this Privacy Statement, including our collection, use, and disclosure of your Personal Information, as described below. This Privacy Statement is not a contract and does not create any legal rights. 

 

In some cases, we may direct you to a site or page that is operated by one of our partners or use framing techniques to serve you content from partners while preserving the look and feel of our App. Even though the page where you provide information may have the look and feel of the App, a different privacy policy may govern. 

 

Please read this Privacy Statement carefully. 

 

Our Collection and Use of Personal Information 

 

We get most Personal Information directly from you, through the App or the Site (as defined in our Terms of Use), or from transactions with you. We might also obtain Personal Information about you from transactions you have with our authorized third-party vendors or partners. Personal Information is any information that can be used to identify you. Examples of Personal Information we may collect from you include: 

  • Contact information including your name and email address. 

  • Information you provide when interacting with the App, including user account information, information provided in reviews, and communications (email/direct messages). 

  • Analytics information, including when, how often, and for how long you use the App; information related to your geographic location, including precise geolocation information; the name of the domain and host from which you access the Internet; and the IP address of the device you are using. 

  • Other identifiable information about you, such as date of birth, photographic images of you, etc. 

 

We may use standard tools, such as cookies or web beacons, to monitor the App and Internet usage and to improve or customize the content on the App. You can opt-out of certain cookies through our cookie banner and should also be able to control the use of cookies by changing your own browser settings. 

 

We collect personal information to process your feedback; to communicate with you relating to the feedback; to research and analyze the use of our App and services so we can improve our services; to detect and prevent fraud; create aggregated or anonymized information that no longer identifies you and therefore is no longer subject to this Privacy Statement, or for other internal purposes to improve the quality of our business, services, the App, and other products and services we offer, such as internal administrative purposes or to manage our relationships; and to comply with legal obligations.  

 

You can choose to not provide certain information to us but it may delay or prevent us from assisting you with respect to your feedback, to the extent you request such assistance. 

 

No Sale of Personal Information.  

 

We do not sell your Personal Information to any third parties.  

 

Categories of Third Parties That May Receive Your Personal Information 

 

In order to conduct our business and better serve you, we may disclose Personal Information and other information about you or your activities on our App or while using our services with: 

  • Our affiliates or service providers, including: Amazon Web Services, Inc. (cloud storage for the App data); Twilio, and Google. 

  • legal counsel. 

  • Law enforcement agencies, regulatory bodies, courts, or other public authorities, to comply with our legal and regulatory obligations, to respond to requests from governmental authorities, to protect our rights, to defend against legal claims, or as otherwise required by law. 

 

Some third-party providers may independently collect Personal Information when you visit our App. Our authorized third-party vendors and partners have their own privacy policies which govern the use, handling, and disclosure of your Personal Information. For example, your interactions with social media sites, including any Personal Information you provide via buttons or links to these sites, are governed by the privacy policy of the social media company. 

 

We do not currently respond to Do Not Track or Global Privacy Control browser settings. We reserve the right to update our practices and Privacy Statement as such standards evolve. 

 

In the event we sell all or part of our enterprise, or sell or transfer our assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of a bankruptcy, business reorganization or similar event, we may transfer you information as part of such transaction.  

 

Retention, Confidentiality, and Security of Personal Information 

 

The Personal Information we collect is retained as long as is reasonably necessary to fulfill the purpose of collection or further processing as described in this Privacy Statement; as we determine is necessary for our business operations; and to comply with applicable law. 

 

We maintain reasonable physical, electronic, and procedural safeguards to guard your information. However, the Internet is not absolutely secure and, thus, we cannot promise guaranteed security. In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you. As applicable, we will comply with notification requirements for a security breach and may also notify you by email. 

 

Children Under 13 

 

We do not knowingly collect information from minors and the App is intended for adults over the age of 18. If you are a parent or guardian and believe that your child under the age of 13 has provided Personal Information to us without your consent, please notify us at support@prayr.co. If we become aware that information is or has been submitted by or collected from a minor under the age of 13, we will work to promptly delete this information. 

 

Your Rights 

 

Depending on where you live and subject to certain exceptions, you may have some or all of the following rights: 

  • Right to Know: The right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices. 

  • Right to Request Correction: The right to request that we correct inaccurate Personal Information that we maintain about you. 

  • Right to Request Deletion: The right to request that we delete your Personal Information that we have collected from or about you. 

  • Right to Non-Discrimination: The right not to receive discriminatory treatment for exercising your privacy rights. 

  • To submit a request to exercise your rights, and as applicable, to appeal a consumer rights action, please contact us at support@prayr.co

 

Please note that to protect your information and the integrity of our App, we may need to verify your identity before processing your request. In some cases, we may need to collect additional information to verify your identity, such as a government issued ID. Further note that under certain U.S. Privacy Laws, you may also designate an authorized agent to make these requests on your behalf. If you use an authorized agent to submit a request, we may need to collect additional information, such as a government issued ID, to verify your identity before processing your request to protect your information. 

 

Our international users may have certain rights. Please read below for the rights that apply to residents of the European Union and the United Kingdom. 

 

Under the General Data Protection Regulation (GDPR) and the corresponding UK Data Protection Regulation, we can only use your data for certain reasons where we have a valid legal basis. We will only use (process) your Personal Information if you have given us consent to do so, it is necessary to fulfill a contract, or it is necessary for a legal obligation. 

 

To deliver our services to you, it is necessary for us to transfer your personal data to the United States. Until there is an adequacy decision, we will enter into standard contractual clauses with our service providers when needed to ensure compliance with applicable data protection laws. 

 

You have the following rights: 

  • The right to request access to your personal data in our possession. 

  • The right to request rectification (correction of inaccuracies) of your personal data in our possession. 

  • The right to erasure (deletion) or of certain restriction of processing of your personal data in our possession. 

  • The right to object to the processing of your personal data in our possession. 

  • The right to data portability (transfer) of your personal data in our possession. 

  • The right to not be subject to a decision based solely on automated processing (profiling) if the processing has a legal effect on you, unless it is necessary for entering into a contract or contractual performance, and is authorized by law or based on your explicit consent. 

 

Where you have given us consent to process your personal data for a specific purpose, you may withdraw that consent for processing that has not yet occurred. 

 

We hope that we can resolve any questions or concerns you may have about this Privacy Statement. In the European Union, you have the right to file a complaint with a supervisory authority. 

 

Contact Us 

 

If you no longer wish to receive communications from PRAYR, please contact us at support@prayr.co. Opt-out requests may not be able to be immediately processed and we may continue to send you other types of transactional email communications. 

 

If you have any questions or concerns about our Privacy Statement, please contact us at support@prayr.co

 

You may contact us to exercise your rights under GDPR. Please note that while changes or deletions to your account or Personal Information may be reflected promptly in the active user database, our servers or our associated third parties may retain previously provided information and may be required to keep certain information or not delete it, or keep information for a certain period of time. 

 

Any changes to, or deletion of, account information does not affect any other information collected by us, or which we may retain and continue to use or disclose in accordance with this Privacy Statement. If we already provided your Personal Information to a third party before you changed your preferences or updated your account, you may need to change your preferences directly with that third party. 

 

We reserve the right to verify the identity of any person making a request to opt-out or to delete or modify Personal Information; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion made by us for any reason. 

 

Additional Information for Users in California 

 

In addition to the rights described above, consumers residing in California are afforded the right to certain additional information with respect to their personal information under the California Consumer Privacy Act (“CCPA”) as may be amended from time to time. If you are a California resident, this section applies to you. 

 

‍Our collection and use of personal information: We collect the following categories of personal information: identifiers (such as your username, the email address you used to sign up, and your phone number if you’ve chosen to provide it); commercial information (a record of what you’ve bought from PRAYR, if anything); financial data (payment information and your history of purchases from PRAYR, if any); internet or other network information (how you interact with the application); location information (because your IP address may indicate your general location); inference data about you (for example, what content you may be interested in); and other information that identifies or can be reasonably associated with you. For more information about what we collect and the sources of such collection, please see the “Our Collection and Use of Personal Information” section above. To the extent we collect or use sensitive personal information as defined by law (such as the CCPA), we do so in accordance with applicable legal requirements, and we do not use or disclose it other than for purposes for which there is not a right to limit under the CCPA.  

 

We collect personal information for the business and commercial purposes described in “Our Collection and Use of Personal Information” above. 

 

‍Disclosure of personal information: We may share your personal information with third parties as described above. We disclose the categories of personal information mentioned above for business or commercial purposes. 

 

‍No sale or “share” of personal information: The CCPA sets forth certain obligations for businesses that sell or “share” personal information. We do not sell or share the personal information of our users as defined in the CCPA. We do disclose certain information as outlined in the “Our Collection and Use of Personal Information” section above and you can make choices with respect to your information as outlined in this policy. 

 

Changes and Updates to the Privacy Statement 

 

This Privacy Statement applies to all relevant information collected by or provided to us or our authorized third-party vendors or partners as of the Effective Date. When we make any material changes to this Privacy Statement, we will update the Effective Date and may inform you by email to the address associated with your account. We will treat your continued use of this App or our services following such notice as your acceptance of the changes. 

 

Contact Us 

 

If you have any questions or complaints about this Privacy Statement and/or how We use or disclose personal information, or would like to exercise any of the rights set forth above or below, please contact Us at: 

 

Director, PrayWC, LLC 

Attn: Privacy Statement 

support@prayr.co 

PO Box 88227  

Steilacoom, WA 98388 

 

The Effective Date of this Privacy Statement is June 2023. 

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