PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE (AS DEFINED HEREIN). By using this website, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, DO NOT use this Site (as defined herein).
These Terms and Conditions govern your use of the Book Of Memories website (the "Website") and other services (collectively the "Services"). FrontRunner Professional ("Company", "we", "us", "our") reserves the right, in its sole discretion, to change, amend or modify ("changes") all or part of these Terms and Conditions at any moment and from time to time for any reason. Any changes to these Terms and Conditions will be noted specifying the date these Terms and Conditions were last made. All changes are effective at least fourteen (14) days after they are posted; provided that changes relating to new features of the Services or changes made for legal reasons are effective immediately. Your use or continued use of the Services after the effective date of such changes will constitute your express acceptance of the amended, amended or modified Terms and Conditions.
Resemblance:Users under the age of 18 aredoes not meet the requirementsuse the Services without consent. Users between the ages of 13 and 17 may use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years of age; provided, however, that such parent or legal guardian agrees to be bound by these Terms and Conditions and agrees to be responsible for such use of the Services. The Company reserves the right to refuse use of the Services to any person and to refuse, cancel, terminate, remove or suspend any Campaign, Donation or Services at any time, for any reason, without liability.
Definitions:In these Terms and Conditions, "Campaign Organizers" means fundraisers and "Campaigns" means their fundraising campaigns. Furthermore, "donors" means those who contribute funds and "donations" means those funds that contribute. Campaign organizers, donors and other visitors to the Services are collectively referred to as "Users". The term "Campaign Organisers" shall also be deemed to include any individual(s) designated as beneficiaries of the Campaign.
Services:The Services are offered as a platform ("Platform") to Users of the Services. Among other features, the Services are designed to allow campaign organizers to post campaigns on a platform to accept donations from donors. While there are no fees for setting up campaigns, a portion of each donation will be charged as fees for our services and the services of our third-party payment processors. The Company reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension or discontinuation. The Company bears no responsibility for the deletion or failure to store any data or other content maintained or uploaded through the Services. To the extent that you access the Services via a mobile device, your wireless carrier's standard charges, data rates and other charges may apply. In addition, the download, installation or use of certain services may be prohibited or restricted by your service provider, and not all services may work with all service providers or devices. By using the Services, you agree that we may communicate with you about the Company and other entities via SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your use of the Services may be communicated to us. .
Charitable Contributions:Campaigns are not charities to which you can make tax-deductible charitable contributions. Any donation you make through the Platform may be processed by an unaffiliated business partner for which a processing fee is deducted (in addition to our professional FrontRunner fee). You understand, acknowledge and agree that the Company is not a charitable organization and that the Company does not solicit charitable donations for itself or any third-party charity. The company acts only as an intermediary for the payment of eventual donations.
Admin platform only:The Services are an administrative platform only. The Company only acts as an intermediary for payment of any donations between the Campaign Organizer and the Donor and is not a party to any contract between the Campaign Organizer and the Donor. the company isthat's itintermediary, agent, financial institution, creditor or insurer to any user. The Company has no control over the conduct or any information provided by Campaign Organizers, and the Company disclaims any liability in this regard. We expressly disclaim any liability or responsibility for the success or outcome of any Campaign. Donors must make the final decision to donate to any campaign at their own discretion. Donors are solely responsible for asking questions and researching the Campaign Organizer and the Campaign to the extent they deem necessary before contributing. All donations are made voluntarily and at the risk and expense of the Donor. The company does not guarantee that donations will be used as promised. The Company does not endorse, guarantee, represent or make any guarantees about or about the quality, safety or legality of any Campaign. Donors are solely responsible for determining how they will treat their donations for tax purposes.
No campaign data verification:We do not verify the information provided by Campaign Organizers and do not guarantee that Donations will be used in accordance with any fundraising purpose prescribed by Campaign Organizers. We disclaim and assume no responsibility for verifying that Donations are used in accordance with applicable laws.
Your registration obligations:You may be required to register with the Company in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as required by the Services registration form. Campaign Organizers must register under their true identity, including their name and any image purporting to portray the Campaign Organizer. Registration data and other information about you is governed by our Privacy Policy. If you are under the age of 13, you are not authorized to use the Services, with or without registration. In addition, if you are under 18, you may use the Services, with or without registration, only with the consent of your parent or guardian. Certain aspects of our Services may also require you to register with (and accept the terms of) third-party service providers (eg, payment processors or charitable donation processors) in order to use such Services. While we may be able to help facilitate this registration in some cases, we are not a party to these relationships and disclaim any responsibility for the work of such third parties. We may share information with such third-party services to facilitate the provision of the Services (and related third-party services).
Public display of donations:Donors have the option of publicly displaying their donations for public viewing or allowing their information to be provided to the Campaign recipient(s). To keep your donation information private, simply click the appropriate checkbox during the donation process. check out ourPrivacy Policyfor more information about the ways in which we may collect, use and store certain information about you and your use of the Services.
Payment of donations:To contribute to the Campaign, Donors will be required to provide business information relating to a credit card (ie VISA, MasterCard, Discover or American Express) or other payment method. Donors represent and warrant to the Company that such information is true and that donors are authorized to use a credit card or payment method. Donors agree that a certain minimum donation amount may apply and that all donation payments are final and non-refundable. Donors agree to promptly update their account information with any changes that may occur and to pay the donation amount you specified. Donors authorize the Company to periodically pre-charge donors' credit cards and payment methods until donors stop making recurring payments through the platform.
Rates:The Company does not charge Campaign Organizers any upfront fee for Campaigns. The Company retains a four percent (4%) portion of each donation contributed to the Campaigns ("FrontRunner Professional Fee"). A portion of the donation is paid to our third-party payment processors ("Processing Fee"). Donors acknowledge that, by donating to Campaigns, they agree to all applicable terms and conditions set forth by the third-party payment processor, in addition to these Terms and Conditions. The portion of each donation that is paid and held by our third-party payment processor is:
• US Users ONLY: Third-party payment processor charges a fee of 2.9% AND USD 0.30 per donation for VISA, MasterCard or Discover cards or 3.4% AND USD 0.30 per donation for cards American Express .
• CA Customers ONLY: Third-party payment processor charges a fee of 2.9% AND $0.30 per donation for VISA, MasterCard, or Discover cards or 3.4% AND $0.30 per donation for CA cards. American Express.
All gift payment fees and processing fees ("Fees") are deducted directly from each donation and are not reflected in the amount Campaign Organizers may withdraw from the Campaign. We reserve the right to change any fees from time to time. If we change any of the Fees, we will notify you of the change on the Site or by other means, at our discretion, at least fourteen (14) days before the change becomes effective. Your continued use of the Services after a change in any Fees becomes effective constitutes Your acceptance of the new Fees.
Compensation:You agree to release, indemnify and hold harmless the Company and its affiliates and their respective owners, officers, employees, directors and agents from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, causes of action, actions of any kind and injury (including death) arising out of or in connection with your use of the Services, any donation or campaign, breach of these Terms and Conditions or breach of any third party rights. If you are a California resident, you hereby waive Section 1542 of the California Civil Code, which states: "THE GENERAL RELEASE DOES NOT EXTEND TO CLAIMS NOT KNOWN OR SUSPECTED TO EXIST ON YOUR BENEFIT AT THE TIME THE RELEASE WAS EXECUTED, WHICH IF KNOWN BY HIM, MUST SUBSTANTIALLY AFFECTED his dealings with the debtor". To the extent that you are a resident of another jurisdiction, you waive any comparable statute or doctrine
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES:YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Company and its affiliates expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. THE COMPANY AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY DONATION OR PART WILL BE MADE TO THE USER OF ANY CAMPAIGN OR QUALITY OF ANY SERVICE.
LIMITATION OF LIABILITY:YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR LOST PROFITS DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, UNAUTHORIZED ACCESS OR OTHERWISE. INTERRUPTION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICES OR ANY OTHER MATTER RELATED TO THE SERVICES. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE PAST SIX (6) MONTHS, BUT IN NO EVENT MORE THAN ONE HUNDRED DOLLARS (US$100).
EXCLUSIONS:SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICE OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
DISPUTE RESOLUTION - ARBITRATION (PLEASE READ CAREFULLY):You agree to arbitrate all disputes and claims between you and the Company (including our subsidiaries, affiliates, agents, employees, predecessors in interests, successors and assigns). Notwithstanding the foregoing, any party may file an individual action in the Special Small Claims Court. Notice of Dispute ("Notice"). Notice to the Company must be sent to 2501 Parmenter Street, Suite 300A, Middleton, WI 53562, Attn: President, with a copy emailed to support@tributepayments.com ("Notice Address"). The notice must (i) describe the nature and basis of the claim or dispute, and (ii) state the specific remedy sought ("Claim"). If the Company and you cannot reach an agreement to resolve the claim within sixty (60) days of receiving the Notice, you or the Company may commence arbitration proceedings. During the arbitration, the amount of any settlement offer made by the Company or You must not be disclosed to the arbitrator until the arbitrator determines the amount, if any, to which You or the Company are entitled.
The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Disputes (collectively, the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA rules are available online atadr.org, by calling the AAA at 1-800-778-7879 or writing to the notification address. The arbitrator is bound by the provisions of these Terms and Conditions. All matters will be decided by the arbitrator, including but not limited to matters relating to the scope, enforceability and arbitrability of the arbitration clause. Unless the Company and you agree otherwise, all arbitration hearings will be held in Chicago, Illinois. Regardless of how the arbitration is conducted, the arbitrator will render a reasoned written decision that sufficiently explains the essential findings and conclusions on which the award is based. YOU AND THE COMPANY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. Unless you and the Company otherwise agree in writing, the arbitrator cannot consolidate the claims of more than one person and cannot preside over any form of representation or class action. If this specific provision is found to be unenforceable, then this entire arbitration provision will be null and void.