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 accept these Terms and Conditions.
If you don’t agree with these Terms and Conditions, PLEASE DO NOT use this Website (as defined here).
These Terms and Conditions apply to the use of the Book Of Memories websites (the “Website”)
along with other related services (together called the “Services”). Front Runner Professional (“Company,” “we,” “us,” “our”) holds
the sole right to update, change or modify (the “changes”) all or any part of these Terms and Conditions at any
time for any reason. We will show when these Terms and Conditions were last updated by noting the date.
Any changes will take effect no sooner than fourteen (14) days after they are posted; except when changes involve new features of the Services or are required by law – those become effective right away.
If you keep using the Services after those changes go into effect, it means you accept those updated Terms and Conditions.
Eligibility: People under 18 years old can’t use the Services without permission.
Those aged 13 to 17 may use the Services only if a parent or legal guardian who is at least 18 agrees to supervise them;
also that parent or guardian must accept these Terms and be responsible for their usage. The Company reserves the right to refuse anyone from using the Services,
as well as cancel, pause, remove or suspend any Campaign, Donation, or Service whenever we want without any liability.
Definitions: In these Terms, “Campaign Organizers” means people who set up fundraisers,
while “Campaigns” refers to their fundraising efforts. Likewise, “Donors” means people giving money,
and “Donations” are those contributions. Together Campaign Organizers, Donors and visitors are called “Users.”
Also, “Campaign Organizers” includes anyone named as a beneficiary in Campaigns.
Services: The Services act like a platform (called the “Platform”) for Users.
One key feature lets Campaign Organizers post Campaigns here so they can receive Donations from Donors.
Setting up Campaigns doesn’t cost anything upfront but each Donation has fees taken out for our Services plus third-party payment processors’ fees.
We may change or stop offering all or part of the Services temporarily or permanently without notice.
You agree we aren’t responsible if that happens.
Also note we don’t guarantee saving any data uploaded through our Services.
If you access via mobile device your wireless carrier’s usual charges apply,
some devices/carriers may not support certain parts of our Service,
and by using it you agree we can contact you by text messages on your device regarding Company info
plus details about how you use our Services might be shared back with us too.
Charitable Giving: Keep in mind that Campaigns aren’t official charities so donations made aren’t tax-deductible gifts.
Sometimes an outside business partner processes Donations which involves extra fees on top of what Front Runner Professional charges.
You acknowledge Company isn’t a charity nor do we ask for donations on behalf of charities.
We just handle payments between donors & organizers here.
Administrative Platform Only: Our role is strictly administrative.
We simply facilitate payments between Donors & Campaign Organizers – we’re not involved in agreements between them.
We’re not brokers/agents/banks/creditors/insurers.
We don’t control what organizers do nor vouch for them – so no liability there.
Success/failure of any fundraiser isn’t guaranteed by us;
Donors decide themselves whether to give money after checking things out however much they feel necessary.
All donations are voluntary & given at donor risk,
And company cannot promise funds will be used exactly as claimed.
No endorsements/warranties about campaign quality/safety/legal status provided either
Tax treatment decisions around donations rest solely on donors’ shoulders.
No Verification of Campaign Information: We don’t check facts organizers provide,
nor guarantee donated money goes towards stated goals
We assume no responsibility verifying if funds follow laws applicable everywhere else either.
Your Registration Obligations: To access some features you’ll need to register with us first.
When registering please give true/current info about yourself per form requests,
especially organizers who must use real names & photos representing themselves accurately.
Registration data & some other info fall under our Privacy Policy rules
If you’re younger than 13 you’re not allowed to use this service at all
Those under 18 may only participate with parental consent
Some functions require signing up separately with third party providers such as payment processors,
though we’re not responsible for how those parties perform after registration;
At times we’ll share info needed between us & those third parties so service runs smoothly too.
Public Display of Donations: When donating folks can choose whether they want their gift shown publicly
or just shared privately with whoever’s benefiting.
To keep things private during donation process just tick off privacy box.
Check our Privacy Policy if you’d like more detail about how we gather/use/store your info while providing services.
Payment of Donations: To donate you’ll have to give us credit card details like VISA/Master Card/Discover/American Express etc.,
Donors confirm their card/payment method info is correct & authorized for charging.
Minimum donation amounts might apply,
once paid donations can’t be refunded.
Please update your account promptly if payment details change.
You authorize Company to charge your card periodically until canceled through platform settings.
Fees: There aren’t upfront fees charged by Company when setting up campaigns,
but we keep four percent (4%) from each donation (“Front Runner Professional Fee”).
On top there’s another cut taken by third party payment processors (“Processing Fee”).
Donating users accept all terms related both here & from processor companies.
Here’s what processing fees look like:
• US Users ONLY: Third party processor takes 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 fee structure applies – 2.9% + $0.30 per donation on Visa/Master Card/Discover,
And 3.4% + $0.30 per donation on Amex cards.
Both Tribute Pay Fees & Processing Fees come straight off each Donation before organizers withdraw funds;
These charges aren’t included in withdrawal totals shown later.
Fees might change sometimes;
We’ll notify users via Website notice at least fourteen days before fee updates take effect whenever possible.
Continuing using services means accepting new fee rates then.
Indemnification: You agree to protect Company along with its affiliates including owners/staff/directors/agents from
losses/damages/costs/lawsuits including attorney’s fees caused by how you use services,
making donations/campaigns violations against rules/or infringing someone else’s rights.
California residents specifically waive Civil Code Section 1542 which states:
“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”.
Residents elsewhere waive similar laws/doctrines too.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: USE OF SERVICES IS AT YOUR OWN RISK.
SERVICES PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES INCLUDING IMPLIED ONES ABOUT MERCHANTABILITY,
FITNESS FOR PURPOSE OR NON-INFRINGEMENT ETC.
COMPANY MAKES NO PROMISES THAT SERVICES WILL FIT YOUR NEEDS OR BE UNINTERRUPTED / SECURE / ERROR-FREE;
NOR THAT RESULTS OBTAINED ARE ACCURATE OR THAT DONATIONS WILL REACH CAMPAIGN BENEFICIARIES AS EXPECTED;
WE DISCLAIM ANY QUALITY GUARANTEES TOO.
LIMITATION OF LIABILITY:
YOU UNDERSTAND COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR INDIRECT/SPECIAL INCIDENTAL CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS OR DATA EVEN IF WARNED ABOUT THEM ALREADY;
THIS APPLIES WHETHER BASED ON CONTRACT/TORT/NEGLIGENCE ETC ARISING FROM SERVICE USE OR INABILITY TO USE IT;
TOTAL DAMAGES COMPANY OWES YOU CAN’T EXCEED WHAT YOU PAID IN LAST SIX MONTHS BUT NEVER MORE THAN ONE HUNDRED DOLLARS ($100).
EXCLUSIONS:
SOME PLACES DON’T ALLOW LIMITING CERTAIN WARRANTIES OR LIABILITIES SO THESE RULES MAY NOT APPLY TO YOU FULLY.
IF YOU’RE UNHAPPY WITH SERVICE OR TERMS YOUR ONLY OPTION IS TO STOP USING IT.
DISPUTE RESOLUTION – ARBITRATION (PLEASE READ):
YOU AGREE ALL DISPUTES BETWEEN YOU AND COMPANY GET RESOLVED THROUGH ARBITRATION INCLUDING THOSE INVOLVING OUR SUBSIDIARIES ETC.,
EXCEPT EITHER SIDE MAY GO TO SMALL CLAIMS COURT FOR INDIVIDUAL CASES ONLY.
NOTICE OF DISPUTE (“Notice”) SHOULD BE SENT TO OUR ADDRESS AT:
2501 Parmenter Street Suite 300A Middleton WI 53562 ATTENTION President PLUS EMAIL COPY TO support@tributepayments. com
NOTICE MUST SAY WHAT THE ISSUE IS AND WHAT REMEDY YOU WANT.
IF WE CAN’T WORK IT OUT IN SIXTY DAYS AFTER RECEIVING NOTICE THEN EITHER PARTY MAY START ARBITRATION.
SETTLEMENT OFFERS MADE DURING ARBITRATION WON’T BE SHARED WITH ARBITRATOR UNTIL DECISION TIME.
ARBITRATION FOLLOWS AAA’S COMMERCIAL RULES FOR CONSUMER DISPUTES AS MODIFIED BY THESE TERMS; AAA RUNS IT.
AAA INFO AVAILABLE ONLINE adr. org PHONE 1-800-778-7879 OR MAIL NOTICE ADDRESS ABOVE.
ARBITRATOR BOUND BY THESE TERMS DECIDES EVERYTHING INCLUDING WHETHER ARBITRATION APPLIES.
UNLESS BOTH AGREE OTHERWISE HEARINGS HAPPEN IN CHICAGO ILLINOIS.
THE ARBITRATOR MUST WRITE A REASONED DECISION EXPLAINING KEY FINDINGS.
YOU AND COMPANY AGREE ONLY INDIVIDUAL CLAIMS MAY BE BROUGHT – NO CLASS ACTIONS ALLOWED UNLESS BOTH AGREE IN WRITING OTHERWISE.
IF THIS CLAUSE IS INVALIDATED ENTIRE ARBITRATION AGREEMENT BECOMES VOID TOO.
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