PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN).
By using this Website, you’re agreeing to these Terms and Conditions.
If you don’t agree with these Terms and Conditions, DO NOT use this Website (as defined herein).
These Terms and Conditions cover how you can use the Book Of Memories websites (the “Website”)
and other services (together called the “Services”). Front Runner Professional (“Company,” “we,” “us,” “our”)
reserves the right at any time to change, update or modify (“changes”) all or part of these Terms and Conditions.
We’ll note when these Terms were last updated. Changes usually take effect at least fourteen (14) days after posting,
except for updates related to new features or legal reasons, which take effect immediately.
If you keep using the Services after changes go live, that means you accept those new Terms.
Eligibility: People under 18 years old can’t use the Services without permission.
Users aged 13 to 17 may use the Services only if a parent or legal guardian over 18 agrees to supervise them,
accepts these Terms, and is responsible for their use. The Company can refuse service or stop any Campaign,
Donation, or Service at any time without liability.
Definitions: In these Terms, “Campaign Organizers” are people raising money,
while their efforts are called “Campaigns.” Likewise, “Donors” are those giving money,
and their contributions are called “Donations.” All Campaign Organizers, Donors, and visitors
together are “Users.” Also, anyone listed as a beneficiary of a Campaign counts as a Campaign Organizer here.
Services: We provide a platform (“Platform”) for Users. It lets Campaign Organizers post Campaigns
so Donors can give Donations. Setting up a Campaign is free but we charge fees on each Donation
to cover our Services and third-party payment processors’ costs. We might change or stop offering
the Services anytime with or without notice. You agree we aren’t responsible if we do so.
We also aren’t liable if data uploaded through the Services gets deleted or lost.
When using mobile devices, your carrier’s usual charges apply. Some features might not work on all devices/carriers.
By using the Services on mobile, you agree we can send messages to your device about Company updates etc.,
and that info about your usage may be sent back to us.
Charitable Giving: These Campaigns aren’t charities where donations count as tax-deductible gifts.
Donations go through independent partners who charge processing fees plus our Front Runner Professional Fee.
You understand that Company isn’t a charity itself nor does it raise money for other charities-it just handles payments for Donations made here.
Administrative Platform Only: Our role is just administrative; we’re not involved in agreements between Donors
and Campaign Organizers. We don’t act as brokers, agents, banks, creditors or insurers for anyone here. We have no control over what organizers do
or say; so we won’t be liable for any issues there. Whether a campaign succeeds is up to chance-we make no guarantees.
Donors decide by themselves whether to give money and should ask questions before donating as needed. All donations are voluntary
and done at donors’ own risk-no promises that funds will be used exactly as stated by organizers.
We don’t endorse campaigns nor guarantee anything about their safety or legality either.
No Verification of Campaign Information: We don’t check whether organizers’ info is accurate
nor guarantee donations get spent exactly how they say they will be used according to laws – that’s on donors’ trust alone.
Your Registration Obligations: You might need an account with us to access some parts of our Services.
If registering, provide real info about yourself in the form provided.
Organizers must register with true names/images showing who they really are.
Your registration info falls under our Privacy Policy.
Kids under 13 cannot use our Services at all,
while users under 18 need parental approval before signing up.
Sometimes third parties like payment processors require separate registrations from you;
although we help where possible,
we’re not responsible if those third parties don’t perform well.
Info may be shared between us & those services just enough so things run smoothly here.
Public Display of Donations: Donors can choose whether their Donations show publicly or just share info privately with campaign beneficiaries.
To keep donation details private just tick the box during checkout.
See our Privacy Policy for details on how your data might be collected & used around this Service
Payment of Donations: To donate someone’s campaign requires giving us credit card info (Visa/Master Card/Discover/American Express)
confirming it’s yours & valid.
There could be minimum donation amounts required too.
Once paid donations can’t be refunded,
so update payment details promptly if anything changes,
And by donating repeatedly via platform subscriptions,
You allow us to bill your cards regularly until cancelled by you
Fees: We don’t charge upfront setup fees for campaigns but take four percent (4%) out from every donation (“Front Runner Professional Fee”).
Third party payment processors also take their cut (“Processing Fee”).
By donating through us donors agree both with our terms AND theirs set by payment companies involved too
These processor fees per donation depend on location:
• US Users ONLY: Payment processor fee is 2.9% plus $0.30 per donation on Visa/Master Card/Discover cards;
Or 3.4% plus $0.30 per donation on American Express cards
• CA Users ONLY: Same rates apply-2.9% + $0.30 per gift Visa/Master Card/Discover;
Or 3.4% + $0.30 American Express
Both Tribute Pay Fees & Processing Fees come straight off each donation before organizers get paid-they reduce payout amounts accordingly
Fees may change sometimes-we’ll notify via website ahead by at least fourteen (14) days unless urgent
Using services after fee changes means accepting them
Indemnification: You promise not to hold Company liable
And agree protect company & affiliates including staff etc., from any losses/damages/lawsuits/costs arising from your use
Or violations against rules / others’ rights related here
If you’re from California, you waive Section 1542 Civil Code protections described below:
“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”.
For others outside CA, you waive similar protections wherever applicable
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: USING THIS SERVICE IS AT YOUR OWN RISK!
IT’S PROVIDED “AS IS,” WITHOUT ANY GUARANTEES FROM COMPANY OR ITS AFFILIATES ABOUT RELIABILITY OR SAFETY INCLUDING IMPLIED PROMISES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
WE CAN’T PROMISE SERVICES WILL ALWAYS WORK PERFECTLY OR DONATIONS GET HANDLED EXACTLY AS EXPECTED.
LIMITATION OF LIABILITY : YOU AGREE COMPANY WON’T BE LIABLE FOR INDIRECT LOSSES LIKE LOST PROFITS , DATA , USE , GOODWILL , ETC EVEN IF WARNED ABOUT SUCH RISKS.
TOTAL DAMAGES OWED BY US CAN NEVER EXCEED WHAT YOU PAID US IN LAST SIX MONTHS BUT NEVER OVER $100.
EXCLUSIONS : SOME PLACES MAY NOT ALLOW LIMITS ON WARRANTIES OR DAMAGES SO THESE RULES MAY NOT APPLY TO YOU.
IF YOU’RE UNHAPPY WITH SERVICES OR TERMS YOUR ONLY CHOICE IS TO STOP USING THEM.
DISPUTE RESOLUTION – ARBITRATION (READ CAREFULLY): You agree all disputes between us get handled through arbitration – includes subsidiaries & agents too.
Small claims court actions still allowed individually though.
Send dispute notices addressed clearly to
2501 Parmenter Street Suite 300A Middleton WI 53562 Attn President
Copy email support@tributepayments. com
Notice needs description of issue + requested solution.
If no resolution within sixty days arbitration begins.
Settlement offers stay secret until arbitrator decides award amount.
The arbitration follows American Arbitration Association Commercial Rules modified slightly here , held in Chicago unless agreed otherwise.
Arbitrator decides everything including validity/enforceability of arbitration clause itself.
No class actions allowed – both sides must bring individual claims only.
If class ban unenforceable entire arbitration clause voids.
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