PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN).
By using this Website, you signify your acknowledgment and agreement to these Terms and Conditions.
If you do not agree with these Terms and Conditions, DO NOT use this Website (as defined herein).
These Terms and Conditions govern the use of the Book Of Memories websites (the “Website”)
and other services (collectively the “Services”). Front Runner Professional (“Company,” “we,” “us,” “our”) reserves the
right in our
sole discretion to change, amend or modify (the “changes”) all or part of these Terms and Conditions at any
time and from time
to time for any reason. Any changes to these Terms and Conditions will be noted by indicating the date these
Terms and Conditions were last made.
Any changes will become effective no earlier than fourteen (14) days after they are posted; provided, however,
that changes addressing new functions of the Services or changes made for legal reasons will be effective
immediately.
Your use or continued use of the Services after the date any such changes become effective shall constitute
your express acceptance of the Terms and Conditions as changed, amended or modified.
Eligibility: Users under 18 years of age are not eligible to use the Services without consent.
Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal
guardian who is at least 18 years old; 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. Company reserves // //the right to refuse // //use of // //the Services // //to anyone // //and // //to reject, // cancel, // interrupt, // remove // or suspend any Campaign, // Donation, // or // t Service at any time for any reason without liability.
Definitions: In these Terms and Conditions “Campaign Organizers” means those raising funds,
// “Campaigns” as their fundraising campaigns. // Additionally,”Donors” means those contributing funds , and ”Donations” // as. The funds they contribute. Campaign Organizers, Donors and other visitors to th e Servicesare referredtogetheras “Users”. The term “Campaign Organizers” shall also be deemed to includeanyindividual(s) designated as a beneficiaryof Campaigns.
Services: The Services are offered as a platform (the “Platform”)to Usersoftheservices. Among other features, the servicesare designedallow campaign organizers topostcampaignsto Acceptdonationsfrom donors. Although therearenofeesto set upcampaigns, a portionofeach donationwillbechargedasfeesforourservicesandthoseofourthird partypaymentprocessors. Company reservestherighttomodifyordiscontinue temporarilyorpermanently, the serviceswithorwithoutnotice. Youagree that Companywillnotbe liabletoyouortoanythird partyforanymodification, suspensionordiscontinuance thereof. The companyhasno responsibilityorliabilityforthe deletionorfailuretostoreanydataorothercontent maintainedoruploadedbytheservices. To. the extent youaccess theservices throughamobile device, your wirelessservicecarrier’s standard charges, data ratesandother feesmayapply. Inaddition. downloading installing. orusingcertainservicessome mayberestrictedbyyourcarrier, andnotallservicesmayworkwithallcarriersordevice. By usingtheservices, youagreethatwemaycommunicatewithyou regardingcompanyandontherentitiesby SMS, MMS, textmessageorotherelectronicmeanstoyourmobiledeviceandthatcertaininformationaboutuseoftheservicemaybe communicatedtous.
Charitable Giving: Campaigns arenotcharitiestowhichyoucanmake tax-deductible charitable contributions. Any donationyoumakethroughtheplatformmaybe processedby an unaffiliated business partner for which aprocessingfee(in additionto our Fr ont Runner Professional Fee) is deducted. You understand acknowledgeand agree thatcompany isn’t acharity, andcompanydoesnotsolicitcharitable donationsforitselforforany third-party charitable institution. Company is merely actingasa paymentfacilitatorforany donations.
Administrative Platform Only: The Servicesare an administrative platformonly. The Companyismere lyactingasapayment facilitatorforany donationsbetween Campaign Organizersand Donors, andisnot apartyto anyagreementbetween Campaign Organizersand Donors. Company isn’tabroker. agent. financialinstitution. creditororinsurerforanyuser. company hasnocontrol overthe conductof. orany informationprovidedbycampaignorganizers, and companyhereby disclaims all liabilityinthis regard. we expresslydisclaim anyliabilityoresponsibilityforthe successoroutcomeofany campaign. Donors must intheirsolediscretion makethefinaldeterminationofmakingdonationsto any campaigns. Donorsaresolelyresponsibleforaskingquestionsandinvestigatingcampaignorganizersand campaigns totheextenttheyfeel itnecessarybeforemakinga contribution. alldonationsaremadevoluntarilyatthe solediscretionandriskofdonors. companydoesnotguaranteethatdonationswillbeusedaspromised. company doesnotendorse guarantee make representations. orprovide warranties foraboutquality, safety orthelawfulnesso f ANYCAMPAIGN. Donorsthesolelyresponsiblefordetermininghowtotreattheir donationsfortax purposes.
No Verification of Campaign Information: We donotverifythe informationthat campaignorganizer supply, dontguarantee thatthedonationswillbeusedinaccordancewith fundraising purposeprescribedbycampaignorganizer. we disclaim assume no responsibilityoverwhethergivedonationis usedin accordance withapplicable laws.
Your Registration Obligations: You mayberequiredtoregisterwith Company inorder toaccessandusese certainfeaturesofthe services. ifyouchoosetoregisterfortheservices, youagre etoprovidemaintaintrue accuratecurrentcomplete informationabout yourselfasprompted byservices’registration form. Campaignorganizermustregisterusingtheirtrueidentities including theirnameandanimage purportingtopropose campaign organizer registration data certainotherinformation about you governed by our Privacy Policy. Ifunder age 12years old youarenot authorized touse theservices. w ith out registering. in addition ifunderage18yearsold, must onlyuse theservice wiithout registering only with approval parentorguardian. certainsaspectsof our servicealsomay requireyoutoregister(withagreetothe termsof) thirdpartyservice providers(e. g., paymentprocessorsorch aritabledonationprocessors )inordertoutilizesuchservices. whi le wemay help facilitate suchregistration insomecases, we are notapartytoanysuchrelationships. disclaiming responsibilityoryourperformanceb ysuch thirdparties. Wemayexchangeinformation withsuchthirdpartyservices inorder tof acilitateprovisionser vices(andrelatedthird party services).
Public Display Donations Donors have option public display their donation public view allowtheir information be provided beneficiaries To keep details donation private simply click appropriate checkbox during process see Privacy Policy more informations ways collect, use store certain about your use servicess.
Payment Donations order contribute Campaign donors required provide Company credit card information i. e., VISA Master Card Discover American Express o other payment method Donors represent warrant Company such info true authorized u se credit card payment method Don ors agree certain minimum Donation amount apply that all payments final cannot refunded Don ors agree promptly update account info chages may occur pay amount specify authorize bil l credit cards advance periodic basis until terminate payments through Platform
Fees company doesn’t charge upfront fee Campaig Orginziers retai nportion each donation contributed amount four percent 4% Front Runner Professional Fee portion payable third party payment processors Processing Fee Don ors acknowledge contributing agreeing terms conditions set forth third party processor addtionalthese terms conditions p ortionpayable retained b y our processing fee
'•US users ONLY Third Party Payment processor charges fee2.9 %AND$0.30 perdonnation VISA Master Card discovercards OR3.4% AND $0.30 per donation American Express cards
'•CA Users ONLY Third Party Payment Processorcharges fee2.9%AND $0.30 perdonation VISAMastercard Discovercards OR3.4%AND $0.30 perdonation Americanexpresscards
All Tribute Pay Fees Processing Fees deducted directly each donation not reflected total which withdrawal from campaign We reserve right change fees time provide notice change website otherwise option leastfourteen(14)days before changeto take effect continued usage after change into effect constitutes acceptance new fees.
Indemnification You agree release indemnify hold company its affiliates their owners officers employees directors agents harmless from losses damages expenses including attorneys’ fees rights claims causes actions actions kind injury(including death ) arising out relating your usage servicean y Donation Campaign violation These T ermsconditionsviolating rightsanotherif California resident waiver California Civil Code Section1542 says generalrelease does extend claims creditor knows s uspec t exist favor executingthereleaseknown materialaffectsettlement debtor extentresidentsjurisdictionswaivecomparable statute doctrine. P><P DISCLAIMER OF REPRESENTATIONS WARRANTIES YOUR USE SERVICE IS AT SOLE RISK SERVICE PROVIDED AS IS AS AVAILABLE COMPANY AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES ANYKIND EXPRESS IMPLIED STATUTORY INCLUDING BUT LIMITED IMPLIED WARRANTIES MERCHANTABILITY FITNESS FOR PARTICULAR PURPOSE TITLE NON INFRINGEMENT COMPANY ITS AFFILIATES MAKE NO WARRANTY SERVICES MEET REQUIREMENTS UNINTERRUPTED TIMELY SECURE ERROR FREE RESULTS MAY OBTAINED FROM USE WILL ACCURATE RELIABLE REMITTANCE DONATION PORTION THEREOF TO BENEFICIARY CAMPAIGNS OR QUALITY SERVICES P><P LIMITATION LIABILITY YOU UNDERSTAND AGREE NEITHER COMPANY NOR AFFILIATES BE LIABLE INDIRECT INCIDENTAL SPECIAL CONSEQUENTIAL EXEMPLARY DAMAGES DAMAGES LOSS PROFITS INCLUDING BUT LIMITED DAMAGES LOSS GOODWILL USE DATA INTANGIBLE LOSSES EVEN ADVISED POSSIBILITY SUCH DAMAGES WHETHER BASED CONTRACT TORT NEGLIGENCE STRICT LIABILITY OTHERWISE RESULTING INABILITY USE UNAUTHORIZED ACCESS ALTERATION TRANSMISSIONS DATA STATEMENTS CONDUCT THIRD PARTY OTHER MATTER RELATING SERVICES NO EVENT COMPANY TOTAL LIABILITY DAMAGES LOSSES CAUSES ACTION EXCEED AMOUNT PAID LAST SIX MONTHS MORE ONE HUNDRED DOLLARS ($100) P>Exclusions some jurisdictions ALLOW EXCLUSION CERTAIN WARRANTIES LIMITATIONS EXCLUSION LIABILITY INCIDENTAL CONSEQUENTIAL DAM AGES ACCORDING SOME LIMITATIONS SET FORTH ABOVE APPLY TO DISSATISFIED ANY PORTION SERVICE THESE TERMS CONDITIONS YOUR SOLE EXCLUSIVE REMEDY DISCONTINUE USE SERVICE.
Dispute Resolution ARBITRATION YOU AGREE ARBITRATE DISPUTES CLAIMS BETWEEN YOU COMPANY RESPECTIVE SUBSIDIARIES AFFILIATES AGENTS EMPLOYEES PREDECESSORS INTEREST SUCCESSORS ASSIGNS. NOTWITHSTANDING FOREGOING EITHER PARTY BRING INDIVIDUAL ACTION SMALL CLAIMS COURT Notice Dispute Notice should sent2501Parmenterstreet suite300A Middleton WI53562 Attn PRESIDENT copy email support@tributepayments. com Notice Address notice(i)nature basis claim dispute(ii)specific relief sought Demand Company reach agreement resolve claim within sixty(60)days after received commence arbitration proceeding. arbitrationamount settlement offer made Company disclosed arbitrator determines amount entitle. You hereby authorize bill Credit Cards periodic basis until terminate periodic payments platform.
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