PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN).
By utilizing this Web site, you signify your acknowledgment and settlement to those Phrases and Situations.
If you don’t agree with these Phrases and Situations, DO NOT use this Web site (as outlined herein).
These Phrases and Situations govern using the E book Of Reminiscences web sites (the “Web site”)
and different companies (collectively the “Companies”). FrontRunner Skilled (“Firm,” “we,” “us,” “our”) reserves the
proper in our
sole discretion to alter, amend or modify (the “modifications”) all or a part of these Phrases and Situations at any
time and from time
to time for any motive. Any modifications to those Phrases and Situations will likely be famous by indicating the date these
Phrases and Situations have been final made.
Any modifications will turn into efficient no sooner than fourteen (14) days after they’re posted; supplied, nonetheless,
that modifications addressing new features of the Companies or modifications made for authorized causes will likely be efficient
instantly.
Your use or continued use of the Companies after the date any such modifications turn into efficient shall represent
your categorical acceptance of the Phrases and Situations as modified, amended or modified.
Eligibility: Customers underneath 18 years of age are usually not eligible to make use of the Companies with out consent.
Customers between the ages of 13 and 17, can use the Companies with the consent and supervision of a dad or mum or authorized
guardian who’s at the least 18 years of age; supplied, nonetheless, that such dad or mum or authorized guardian agrees to be
certain by these Phrases and Situations,
and agrees to be accountable for such use of the Companies. Firm reserves the fitting to refuse use of the
Companies to anybody and to reject,
cancel, interrupt, take away or droop any Marketing campaign, Donation, or the Companies at any time for any motive with out
legal responsibility.
Definitions: In these Phrases and Situations “Marketing campaign Organizers” means these elevating funds,
and “Campaigns” as their fundraising campaigns. Moreover, “Donors” means these contributing funds,
and “Donations” because the funds they contribute. Marketing campaign Organizers, Donors and different guests to the Companies
are referred to collectively as “Customers”.
The time period “Marketing campaign Organizers” shall even be deemed to incorporate any particular person(s) designated as a beneficiary of
Campaigns.
Companies: The Companies are supplied as a platform (the “Platform”) to Customers of the Companies.
Amongst different options, the Companies are designed to permit Marketing campaign Organizers to put up Campaigns
to the Platform to just accept Donations from Donors. Though there are not any charges to arrange Campaigns,
a portion of every Donation will likely be charged as charges for our Companies and people of our third celebration fee
processors.
Firm reserves the fitting to switch or discontinue, quickly or completely, the Companies with or with out
discover.
You agree that Firm won’t be liable to you or to any third celebration for any modification, suspension or
discontinuance thereof.
The Firm has no duty or legal responsibility for the deletion or failure to retailer any information or different content material
maintained or uploaded by the Companies.
To the extent you entry the Companies by way of a cellular gadget, your wi-fi service provider’s commonplace
charges,
information charges and different charges might apply. As well as, downloading, putting in, or utilizing sure Companies could also be
prohibited or restricted by your provider,
and never all Companies may match with all carriers or gadgets. By utilizing the Companies, you agree that we might
talk
with you relating to Firm and different entities by SMS, MMS, textual content message or different digital means to your
cellular gadget
and that sure details about use of the Companies could also be communicated to us.
Charitable Giving: Campaigns are usually not charities to which you may make tax-deductible charitable
contributions.
Any Donation you make by way of the Platform could also be processed by an unaffiliated enterprise associate for which a
processing payment
(along with our FrontRunner Skilled Payment) is deducted. You perceive, acknowledge and agree that Firm isn’t a
charity,
and Firm doesn’t solicit charitable donations for itself or for any third-party charitable establishment.
Firm is merely appearing as a fee facilitator for any Donations.
Administrative Platform Solely: The Companies are an administrative platform solely.
The Firm is merely appearing as a fee facilitator for any Donations between Marketing campaign Organizers and Donors,
and isn’t a celebration to any settlement between Marketing campaign Organizers and Donors. Firm isn’t a dealer,
agent,
monetary establishment, creditor or insurer for any person. Firm has no management over the conduct of,
or any data supplied by Marketing campaign Organizers, and Firm hereby disclaims all legal responsibility on this regard.
We expressly disclaim any legal responsibility or duty for the success or consequence of any Marketing campaign.
Donors should of their sole discretion make the ultimate willpower of creating Donations to any Campaigns.
Donors are solely accountable for asking questions and investigating Marketing campaign Organizers and Campaigns
to the extent they really feel is important earlier than making a Contribution. All Donations are made voluntarily
and on the sole discretion and threat of Donors. Firm doesn’t assure that Donations will likely be used as
promised.
Firm doesn’t endorse, assure, make representations, or present warranties for or concerning the high quality,
security,
or legality of any Marketing campaign. Donors are solely accountable for figuring out the right way to deal with their Donations for tax
functions.
No Verification of Marketing campaign Info: We don’t confirm the knowledge that Marketing campaign Organizers
provide,
and don’t assure that the Donations will likely be utilized in accordance with any fundraising objective prescribed by
Marketing campaign Organizers.
We disclaim and assume no duty to confirm whether or not the Donations are utilized in accordance with any
relevant legal guidelines.
Your Registration Obligations: You might be required to register with Firm with a view to entry and use
sure options of the Companies.
If you happen to select to register for the Companies, you agree to offer and keep true, correct, present and
full details about
your self as prompted by the Companies’ registration type. Marketing campaign Organizers should register utilizing their true
identities,
together with their title and any picture purporting to depict the Marketing campaign Organizer. Registration information and sure
different data
about you’re ruled by our Privateness Coverage. If you’re underneath 13 years of age, you aren’t licensed to make use of
the Companies, with or with out registering.
As well as, if you’re underneath 18 years outdated, you might use the Companies, with or with out registering, solely with
the approval of your dad or mum or guardian.
Sure points of our Companies might also require you to register with (and conform to the phrases of) third celebration
service suppliers
(e.g., fee processors or charitable donation processors) with a view to make the most of such Companies.
Whereas we might assist facilitate such registration in some circumstances, we’re not a celebration to any such relationships and
disclaim any duty or legal responsibility for the efficiency by such third
events. We might alternate data with such third celebration companies with a view to facilitate the
provision of Companies (and associated third celebration companies).
Public Show of Donations: Donors have the choice to publicly show their Donations for public
viewing or enable their
data to be supplied to the Marketing campaign beneficiary(ies). To maintain the main points of your Donation non-public,
merely click on
the suitable checkbox in the course of the Donation course of. Please see our Privateness Coverage
for extra data on the ways in which we might gather, use, and retailer sure details about you and your use
of the Companies.
Cost of Donations: As a way to contribute to a Marketing campaign, Donors will likely be required to offer Firm
data relating to
its bank card (i.e., VISA, MasterCard, Uncover or American Categorical) or different fee technique. Donors
signify and warrant to
Firm that such data is true and that Donors are licensed to make use of the bank card or fee technique.
Donors agree that
a sure minimal Donation quantity might apply, and that each one Donation funds are closing and can’t be refunded.
Donors conform to promptly
replace account data with any modifications which will happen and to pay the Donation quantity that you just specify.
Donors hereby authorize
Firm to invoice Donors’ bank cards and fee strategies upfront on a periodic foundation till Donors terminate
periodic funds by way of the Platform.
Charges: Firm doesn’t cost Marketing campaign Organizers any upfront charges for Campaigns. Firm retains a
portion of every Donation
contributed to Campaigns within the quantity of 4 % (4%) (“FrontRunner Skilled Payment”). A portion of the Donation is
payable to our third
celebration fee processors (“Processing Payment”). Donors acknowledge that by contributing Donations to Campaigns,
Donors are agreeing to
any and all relevant phrases and situations set forth by a 3rd celebration fee processor, along with these
Phrases and Situations.
The portion of every Donation payable to and retained by our third celebration fee processors are:
• US Customers ONLY: Third celebration fee processor charges a payment of
2.9% AND $0.30 per donation for VISA,
MasterCard or Uncover playing cards or 3.4% AND $0.30 per donation for American Categorical playing cards.
• CA Customers ONLY: Third celebration fee processor charges a payment of
2.9% AND $0.30 per donation for VISA,
MasterCard or Uncover playing cards or 3.4% AND $0.30 per donation for American Categorical playing cards.
All Tribute Pay Charges and Processing Charges (“Charges”) are deducted straight from every Donation and are usually not
mirrored within the quantity
which Marketing campaign Organizers can withdraw from the Marketing campaign. We reserve the fitting to alter any of the Charges from
time to time.
If we alter any of the Charges, we are going to present discover of the change on the Web site or in any other case, at our choice,
at the least fourteen (14) days earlier than the change is to take impact. Your continued use of the Companies after the
change in
any of the Charges turns into efficient constitutes your acceptance of the brand new Charges.
Indemnification: You conform to launch, indemnify and maintain Firm and its associates and their homeowners,
officers, staff,
administrators and brokers innocent from any from any and all losses, damages, bills, together with cheap
attorneys’ charges, rights,
claims, causes of motion, actions of any type and damage (together with demise) arising out of or regarding your
use of the Companies,
any Donation or Marketing campaign, your violation of those Phrases and Situations or your violation of any rights of
one other.
If you’re a California resident, you waive California Civil Code Part 1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
To the extent you’re a resident of one other jurisdiction, you waive any comparable statute or doctrine
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 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. COMPANY AND ITS AFFILIATES MAKE NO WARRANTY 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, THE REMITTANCE OF ANY DONATION OR PORTION THEREOF TO THE BENEFICIARY OF ANY CAMPAIGNS, OR
THE QUALITY OF ANY SERVICES.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ITS AFFILIATES WILL
BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS 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, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICES,
THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICES,
OR ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES,
LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, BUT IN NO EVENT
MORE THAN ONE HUNDRED DOLLARS ($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 LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
DISPUTE RESOLUTION – ARBITRATION (READ CAREFULLY): You conform to arbitrate all disputes and claims
between you and Firm
(together with our respective subsidiaries, associates, brokers, staff, predecessors in curiosity, successors,
and assigns).
However the foregoing, both celebration might deliver a person motion in small claims courtroom. Discover of
Dispute (“Discover”).
The Discover to Firm needs to be despatched to 2501 Parmenter Avenue, Suite 300A, Middleton, WI 53562, Attn:
President, with a duplicate by electronic mail to
[email protected] (“Discover Handle”). The Discover should (i) describe the character and foundation of the declare
or dispute,
and (ii) set forth the particular aid sought (“Demand”). If Firm and you don’t attain an settlement to
resolve the declare
inside sixty (60) days after the Discover is obtained, you or Firm might start an arbitration continuing.
Through the arbitration,
the quantity of any settlement supply made by Firm otherwise you shall not be disclosed to the arbitrator till after
the arbitrator
determines the quantity, if any, to which you or Firm is entitled.
The arbitration will likely be ruled by the Industrial Arbitration Guidelines and the Supplementary Procedures for
Shopper Associated Disputes
(collectively, “AAA Guidelines”) of the American Arbitration Affiliation (“AAA”), as modified by this Phrases and
Situations, and will likely be administered by the AAA.
The AAA Guidelines can be found on-line at adr.org, by calling the AAA at 1-800-778-7879,
or by writing to the Discover Handle. The arbitrator is certain by the phrases of this Phrases and Situations.
All points are for the arbitrator to determine, together with, however not restricted to, points regarding the scope,
enforceability,
and arbitrability of the arbitration provision. Except Firm and also you agree in any other case, any arbitration
hearings will
happen in Chicago, Illinois. Whatever the method wherein the arbitration is carried out, the arbitrator
shall
subject a reasoned written resolution ample to elucidate the important findings and conclusions on which the
award is predicated.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Except each you and
Firm
agree in any other case in writing, the arbitrator might not consolidate multiple individual’s claims, and will not
in any other case preside
over any type of a consultant or class continuing. If this particular provision is discovered to be unenforceable,
then the whole lot of this arbitration provision shall be null and void.
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