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 Guide Of Recollections web sites (the “Web site”)
and different providers (collectively the “Companies”). FrontRunner Skilled (“Firm,” “we,” “us,” “our”) reserves the
proper in our
sole discretion to alter, amend or modify (the “adjustments”) all or a part of these Phrases and Situations at any
time and from time
to time for any purpose. Any adjustments to those Phrases and Situations will likely be famous by indicating the date these
Phrases and Situations have been final made.
Any adjustments will turn out to be efficient no sooner than fourteen (14) days after they’re posted; supplied, nevertheless,
that adjustments addressing new capabilities of the Companies or adjustments made for authorized causes will likely be efficient
instantly.
Your use or continued use of the Companies after the date any such adjustments turn out to be efficient shall represent
your specific acceptance of the Phrases and Situations as modified, amended or modified.
Eligibility: Customers below 18 years of age aren’t 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 father or mother or authorized
guardian who’s at the least 18 years of age; supplied, nevertheless, that such father or mother 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 appropriate 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 purpose 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 provided as a platform (the “Platform”) to Customers of the Companies.
Amongst different options, the Companies are designed to permit Marketing campaign Organizers to publish Campaigns
to the Platform to simply accept Donations from Donors. Though there aren’t any charges to arrange Campaigns,
a portion of every Donation will likely be charged as charges for our Companies and people of our third occasion cost
processors.
Firm reserves the appropriate 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 occasion for any modification, suspension or
discontinuance thereof.
The Firm has no duty or legal responsibility for the deletion or failure to retailer any knowledge or different content material
maintained or uploaded by the Companies.
To the extent you entry the Companies by a cellular system, your wi-fi service provider’s customary
charges,
knowledge charges and different charges could 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 could
talk
with you concerning Firm and different entities by SMS, MMS, textual content message or different digital means to your
cellular system
and that sure details about use of the Companies could also be communicated to us.
Charitable Giving: Campaigns aren’t charities to which you may make tax-deductible charitable
contributions.
Any Donation you make by the Platform could also be processed by an unaffiliated enterprise companion for which a
processing payment
(along with our FrontRunner Skilled Charge) 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 performing as a cost facilitator for any Donations.
Administrative Platform Solely: The Companies are an administrative platform solely.
The Firm is merely performing as a cost 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 info 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 dedication 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 critical 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 how one can deal with their Donations for tax
functions.
No Verification of Marketing campaign Info: We don’t confirm the data that Marketing campaign Organizers
provide,
and don’t assure that the Donations will likely be utilized in accordance with any fundraising goal 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 purpose to entry and use
sure options of the Companies.
In the event you select to register for the Companies, you agree to supply 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 knowledge and sure
different info
about you’re ruled by our Privateness Coverage. In case you are below 13 years of age, you aren’t approved to make use of
the Companies, with or with out registering.
As well as, if you’re below 18 years outdated, it’s possible you’ll use the Companies, with or with out registering, solely with
the approval of your father or mother or guardian.
Sure elements of our Companies might also require you to register with (and comply with the phrases of) third occasion
service suppliers
(e.g., cost processors or charitable donation processors) with a purpose to make the most of such Companies.
Whereas we could assist facilitate such registration in some circumstances, we aren’t a celebration to any such relationships and
disclaim any duty or legal responsibility for the efficiency by such third
events. We could trade info with such third occasion providers with a purpose to facilitate the
provision of Companies (and associated third occasion providers).
Public Show of Donations: Donors have the choice to publicly show their Donations for public
viewing or enable their
info to be supplied to the Marketing campaign beneficiary(ies). To maintain the main points of your Donation personal,
merely click on
the suitable checkbox through the Donation course of. Please see our Privateness Coverage
for extra info on the ways in which we could acquire, use, and retailer sure details about you and your use
of the Companies.
Cost of Donations: With the intention to contribute to a Marketing campaign, Donors will likely be required to supply Firm
info concerning
its bank card (i.e., VISA, MasterCard, Uncover or American Categorical) or different cost technique. Donors
symbolize and warrant to
Firm that such info is true and that Donors are approved to make use of the bank card or cost technique.
Donors agree that
a sure minimal Donation quantity could apply, and that every one Donation funds are closing and can’t be refunded.
Donors comply with promptly
replace account info with any adjustments which will happen and to pay the Donation quantity that you simply specify.
Donors hereby authorize
Firm to invoice Donors’ bank cards and cost strategies upfront on a periodic foundation till Donors terminate
periodic funds by 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 p.c (4%) (“FrontRunner Skilled Charge”). A portion of the Donation is
payable to our third
occasion cost processors (“Processing Charge”). Donors acknowledge that by contributing Donations to Campaigns,
Donors are agreeing to
any and all relevant phrases and circumstances set forth by a 3rd occasion cost processor, along with these
Phrases and Situations.
The portion of every Donation payable to and retained by our third occasion cost processors are:
• US Customers ONLY: Third occasion cost 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 occasion cost 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 aren’t
mirrored within the quantity
which Marketing campaign Organizers can withdraw from the Marketing campaign. We reserve the appropriate 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 comply with launch, indemnify and maintain Firm and its associates and their homeowners,
officers, workers,
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 harm (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.
In case you are 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 comply with arbitrate all disputes and claims
between you and Firm
(together with our respective subsidiaries, associates, brokers, workers, predecessors in curiosity, successors,
and assigns).
However the foregoing, both occasion could carry a person motion in small claims court docket. Discover of
Dispute (“Discover”).
The Discover to Firm must be despatched to 2501 Parmenter Road, Suite 300A, Middleton, WI 53562, Attn:
President, with a duplicate by e 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 precise 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 could start an arbitration continuing.
Through the arbitration,
the quantity of any settlement provide 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 by which the arbitration is carried out, the arbitrator
shall
problem a reasoned written choice ample to elucidate the important findings and conclusions on which the
award relies.
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 could not consolidate a couple of individual’s claims, and should 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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