PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN). By using this Website, you confirm that you understand and agree to these Terms and Conditions. If you don’t agree with these Terms and Conditions, PLEASE DO NOT use this Website (as defined herein).
These Terms and Conditions apply to the use of the Book Of Memories websites (the “Website”) and other related services (together called the “Services”). Front Runner Professional (“Company,” “we,” “us,” “our”) reserves the right at any time to change or update (“changes”) any part of these Terms and Conditions for any reason. Whenever we make changes, we’ll note the date they were last updated. These changes will take effect no sooner than fourteen (14) days after posting; however, if they’re about new features or legal reasons, they may become effective immediately. Continuing to use the Services after those changes means you accept the updated Terms and Conditions.
Eligibility: Users under 18 years old can’t use the Services without permission. Users aged 13 to 17 can use it only if a parent or legal guardian who’s at least 18 agrees to supervise them, accepts these Terms and takes responsibility for their use. The Company can refuse service or suspend any Campaign, Donation, or Service anytime for any reason without being liable.
Definitions: In these Terms, “Campaign Organizers” are people raising money, while their efforts are called “Campaigns.” Likewise, “Donors” are those giving money, and their gifts are called “Donations.” Together, Campaign Organizers, Donors, and others using the Services are called “Users.” Also, anyone named as a beneficiary in a Campaign is considered part of “Campaign Organizers.”
Services: We provide a platform (the “Platform”) where Users can post Campaigns so Donors can make Donations. Setting up Campaigns doesn’t cost anything, but we do charge fees from each Donation for our services plus fees by third-party payment processors. We may change or stop offering Services anytime with or without notice. You agree that we won’t be responsible if this happens. We’re not liable if data uploaded on the Services gets lost or deleted. If you access via mobile device, your carrier’s normal charges may apply, plus some functions might not work with all devices or carriers. By using our Services, you agree that we might send messages like SMS or texts to your phone regarding Company info or services usage details shared with us electronically.
Charitable Giving: The Campaigns aren’t registered charities where donations count as tax-deductible gifts. When you donate through us, an unrelated partner may process it charging a processing fee on top of ours. You understand that Company isn’t itself a charity nor does it raise money for others; it’s just facilitating payments between Donors and Campaign Organizers.
Administrative Platform Only: Our role is limited to handling payments between Donors and Campaign Organizers. We’re not involved in agreements between them. Company is not an agent, broker, bank, lender or insurer here. We have no control over what organizers do nor do we guarantee success of any campaigns. Donors should carefully decide whether to give funds after doing their own research about organizers/campaigns. All donations happen voluntarily at donors’ own risk; Company doesn’t promise donations will be used as said. We don’t endorse campaigns nor guarantee safety/legal status/quality of anything offered. Donors alone decide how donations affect taxes.
No Verification of Campaign Information: We don’t check if what organizers say is true nor confirm whether donations get spent as promised according to laws.
Your Registration Obligations: You might need an account with us before accessing certain parts of our Services. If you register you promise that your info is real & accurate as requested during sign-up. Organizers must give honest info including real names & pictures showing themselves. Your registration info & some other details follow our Privacy Policy rules. Anyone under 13 cannot use our services even if registering. Those under 18 must have parental permission before using it. Some parts require signing up also with third parties like payment processors; While we might help connect those accounts sometimes, we’re not responsible for how those third parties act, though information exchange happens between us & them to provide services.
Public Display of Donations: Donors can choose whether they want their donation shown publicly or just shared privately with campaign beneficiaries. To keep donation details private simply check the box when donating. See our Privacy Policy for more about how we handle your information.
Payment of Donations: To donate you’ll give us valid payment details like credit card info which must belong to you & you’re authorized to use it. There could be minimum donation amounts; all payments are final – no refunds allowed. You promise to keep your payment info current, authorize us billing periodically until stopping recurring payments through platform.
Fees: No upfront fees exist for setting up campaigns here, but we keep four percent (4%) from each Donation (“Front Runner Professional Fee”). Third party payment companies also take processing fees from Donations. By donating you’re agreeing both with their terms & ours too. Here’s what third party fees look like:
• For US users only: Payment processor charges 2.9% plus $0.30 per donation on Visa/Master Card/Discover cards; 3.4% plus $0.30 on American Express cards.
• For Canadian users only: Same fee structure applies-2.9% + $0.30 per donation on most cards except Am Ex at 3.4% + $0.30.
All Fees including ours & processing ones come straight out from each Donation amount before organizers get paid out from campaigns. We reserve rights changing fees occasionally. If so we’ll announce changes either here online or otherwise at least two weeks before applying them. Continuing service usage means you’ve accepted new fees.
Indemnification: You agree to protect and hold harmless Company along with its partners, owners, staff, and agents against any losses, damages, costs (including reasonable lawyers’ fees), claims, or injuries (including death) related to your Service usage, any Donation/Campaign, breaking these rules or violating someone else’s rights. If you’re from California, you waive Civil Code Section 1542 stating: “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”. If from elsewhere, you waive similar laws accordingly.
DISCLAIMER OF WARRANTIES: YOU USE THIS SERVICE AT YOUR OWN RISK. IT’S PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES-EXPRESS OR IMPLIED- INCLUDING MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. NO GUARANTEE SERVICES WILL MEET YOUR NEEDS; OR BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR THAT RESULTS FROM USING IT ARE ACCURATE. NEITHER DO WE GUARANTEE ANY DONATION REACHES CAMPAIGN BENEFICIARIES OR QUALITY OF SERVICES OFFERED.
LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER COMPANY NOR AFFILIATES ARE LIABLE FOR INDIRECT DAMAGES LIKE LOST PROFITS, GOODWILL LOSS, DATA DAMAGE, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED SUCH DAMAGES COULD HAPPEN. OUR TOTAL LIABILITY TO YOU IS LIMITED TO WHATEVER YOU PAID US IN LAST SIX MONTHS BUT NEVER EXCEEDS ONE HUNDRED DOLLARS ($100).
EXCLUSIONS: SOME PLACES DON’T ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES SO SOME RULES ABOVE MAY NOT APPLY TO YOU. IF YOU’RE UNHAPPY WITH ANY PART OF SERVICE OR TERMS, YOUR ONLY OPTION IS TO STOP USING IT.
DISPUTE RESOLUTION – ARBITRATION (PLEASE READ): YOU AGREE TO SETTLE ALL DISPUTES WITH COMPANY BY ARBITRATION INCLUDING SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS AND SUCCESSORS. BUT EITHER SIDE CAN BRING SMALL CLAIMS COURT CASES TOO. Notice has to be sent here: 2501 Parmenter Street Suite 300A Middleton WI 53562 Attn President AND emailed support@tributepayments. com It must describe claim nature AND relief wanted. If no agreement within sixty days after Notice received, either side may start arbitration. During arbitration settlement offers stay hidden till arbitrator decides award amount. Arbitration follows AAA Commercial Arbitration Rules modified by this Agreement administered by AAA. Rules found online adr. org call AAA toll free at 1-800-778-7879 Or write Notice Address above. The arbitrator must follow this Agreement’s terms deciding issues including scope/enforceability/arbitrability. Unless agreed otherwise hearings happen in Chicago Illinois. Arbitrator will issue written decision explaining basis clearly. YOU AND COMPANY AGREE THAT EACH CAN ONLY SUE INDIVIDUALLY NOT AS CLASS MEMBERS. Arbitrator can’t combine claims unless both sides consent. If this provision fails court review entire arbitration clause becomes void.
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