PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN).
Through the use of 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 Ebook Of Recollections web sites (the “Web site”)
and different providers (collectively the “Providers”). 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 motive. Any adjustments to those Phrases and Situations can be famous by indicating the date these
Phrases and Situations have been final made.
Any adjustments will turn into efficient no sooner than fourteen (14) days after they’re posted; offered, nevertheless,
that adjustments addressing new features of the Providers or adjustments made for authorized causes can be efficient
instantly.
Your use or continued use of the Providers after the date any such adjustments turn into efficient shall represent
your categorical acceptance of the Phrases and Situations as modified, amended or modified.
Eligibility: Customers below 18 years of age should not eligible to make use of the Providers with out consent.
Customers between the ages of 13 and 17, can use the Providers with the consent and supervision of a father or mother or authorized
guardian who’s not less than 18 years of age; offered, 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 Providers. Firm reserves the precise to refuse use of the
Providers to anybody and to reject,
cancel, interrupt, take away or droop any Marketing campaign, Donation, or the Providers 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 Providers
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.
Providers: The Providers are provided as a platform (the “Platform”) to Customers of the Providers.
Amongst different options, the Providers are designed to permit Marketing campaign Organizers to submit Campaigns
to the Platform to just accept Donations from Donors. Though there aren’t any charges to arrange Campaigns,
a portion of every Donation can be charged as charges for our Providers and people of our third celebration cost
processors.
Firm reserves the precise to change or discontinue, quickly or completely, the Providers with or with out
discover.
You agree that Firm is not going to be liable to you or to any third celebration for any modification, suspension or
discontinuance thereof.
The Firm has no accountability or legal responsibility for the deletion or failure to retailer any knowledge or different content material
maintained or uploaded by the Providers.
To the extent you entry the Providers by means of a cell gadget, your wi-fi service provider’s customary
charges,
knowledge charges and different charges might apply. As well as, downloading, putting in, or utilizing sure Providers could also be
prohibited or restricted by your provider,
and never all Providers may go with all carriers or units. Through the use of the Providers, you agree that we might
talk
with you concerning Firm and different entities by SMS, MMS, textual content message or different digital means to your
cell gadget
and that sure details about use of the Providers could also be communicated to us.
Charitable Giving: Campaigns should not charities to which you can also make tax-deductible charitable
contributions.
Any Donation you make by means of the Platform could also be processed by an unaffiliated enterprise companion for which a
processing charge
(along with our FrontRunner Skilled Price) is deducted. You perceive, acknowledge and agree that Firm is just not 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 Providers 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 is just not a dealer,
agent,
monetary establishment, creditor or insurer for any person. Firm has no management over the conduct of,
or any info offered by Marketing campaign Organizers, and Firm hereby disclaims all legal responsibility on this regard.
We expressly disclaim any legal responsibility or accountability for the success or final result of any Marketing campaign.
Donors should of their sole discretion make the ultimate willpower of constructing 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 can 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 best way to deal with their Donations for tax
functions.
No Verification of Marketing campaign Data: We don’t confirm the knowledge that Marketing campaign Organizers
provide,
and don’t assure that the Donations can be utilized in accordance with any fundraising objective prescribed by
Marketing campaign Organizers.
We disclaim and assume no accountability to confirm whether or not the Donations are utilized in accordance with any
relevant legal guidelines.
Your Registration Obligations: Chances are you’ll be required to register with Firm with a purpose to entry and use
sure options of the Providers.
In the event you select to register for the Providers, you agree to offer and keep true, correct, present and
full details about
your self as prompted by the Providers’ registration kind. Marketing campaign Organizers should register utilizing their true
identities,
together with their identify and any picture purporting to depict the Marketing campaign Organizer. Registration knowledge and sure
different info
about you might be ruled by our Privateness Coverage. If you’re below 13 years of age, you aren’t approved to make use of
the Providers, with or with out registering.
As well as, if you’re below 18 years previous, it’s possible you’ll use the Providers, with or with out registering, solely with
the approval of your father or mother or guardian.
Sure points of our Providers might also require you to register with (and comply with the phrases of) third celebration
service suppliers
(e.g., cost processors or charitable donation processors) with a purpose to make the most of such Providers.
Whereas we might assist facilitate such registration in some instances, we’re not a celebration to any such relationships and
disclaim any accountability or legal responsibility for the efficiency by such third
events. We might change info with such third celebration providers with a purpose to facilitate the
provision of Providers (and associated third celebration providers).
Public Show of Donations: Donors have the choice to publicly show their Donations for public
viewing or enable their
info to be offered to the Marketing campaign beneficiary(ies). To maintain the small print of your Donation personal,
merely click on
the suitable checkbox in the course of the Donation course of. Please see our Privateness Coverage
for extra info on the ways in which we might gather, use, and retailer sure details about you and your use
of the Providers.
Cost of Donations: So as to contribute to a Marketing campaign, Donors can be required to offer Firm
info concerning
its bank card (i.e., VISA, MasterCard, Uncover or American Specific) or different cost methodology. Donors
characterize and warrant to
Firm that such info is true and that Donors are approved to make use of the bank card or cost methodology.
Donors agree that
a sure minimal Donation quantity might apply, and that every one Donation funds are last and can’t be refunded.
Donors comply with promptly
replace account info with any adjustments that will happen and to pay the Donation quantity that you just specify.
Donors hereby authorize
Firm to invoice Donors’ bank cards and cost strategies prematurely on a periodic foundation till Donors terminate
periodic funds by means 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 p.c (4%) (“FrontRunner Skilled Price”). A portion of the Donation is
payable to our third
celebration cost processors (“Processing Price”). 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 cost processor, along with these
Phrases and Situations.
The portion of every Donation payable to and retained by our third celebration cost processors are:
• US Customers ONLY: Third celebration cost processor charges a charge 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 Specific playing cards.
• CA Customers ONLY: Third celebration cost processor charges a charge 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 Specific playing cards.
All Tribute Pay Charges and Processing Charges (“Charges”) are deducted instantly from every Donation and should not
mirrored within the quantity
which Marketing campaign Organizers can withdraw from the Marketing campaign. We reserve the precise to alter any of the Charges from
time to time.
If we modify 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,
not less than fourteen (14) days earlier than the change is to take impact. Your continued use of the Providers 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 house owners,
officers, staff,
administrators and brokers innocent from any from any and all losses, damages, bills, together with affordable
attorneys’ charges, rights,
claims, causes of motion, actions of any variety and damage (together with dying) arising out of or referring to your
use of the Providers,
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 comply with 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 must be despatched to 2501 Parmenter Avenue, Suite 300A, Middleton, WI 53562, Attn:
President, with a duplicate by e-mail to
[email protected] (“Discover Deal with”). The Discover should (i) describe the character and foundation of the declare
or dispute,
and (ii) set forth the precise reduction 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 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 can be ruled by the Business Arbitration Guidelines and the Supplementary Procedures for
Client Associated Disputes
(collectively, “AAA Guidelines”) of the American Arbitration Affiliation (“AAA”), as modified by this Phrases and
Situations, and can 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 Deal with. The arbitrator is certain by the phrases of this Phrases and Situations.
All points are for the arbitrator to resolve, together with, however not restricted to, points referring to 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 through which the arbitration is performed, the arbitrator
shall
problem a reasoned written determination 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 a couple of 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 everything of this arbitration provision shall be null and void.
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