PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN).
By using this Website, you agree that you’ve read and accepted 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”)
along with other services (together called the “Services”). Front Runner Professional (“Company,” “we,” “us,” “our”) reserves the
right, at our sole discretion, to change or update all or part of these Terms and Conditions anytime for any reason.
Any updates will show the date they were last changed.
Changes will take effect no sooner than fourteen (14) days after being posted; however, changes related to new features or legal reasons will be effective immediately.
By continuing to use the Services after any changes take effect, you’re agreeing to those updated Terms and Conditions.
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 who’s at least 18 agrees to supervise them; also that adult must accept these Terms and be responsible for their use of the Services. The Company can refuse service or cancel any Campaign, Donation, or Service at any time without liability.
Definitions: Here “Campaign Organizers” means people raising money, “Campaigns” means their fundraising efforts. “Donors” are those giving money, and “Donations” means those contributions. All Campaign Organizers, Donors, and visitors are called “Users.”
The term “Campaign Organizers” also includes anyone named as a beneficiary of a Campaign.
Services: The Services provide a platform (“Platform”) for Users.
It lets Campaign Organizers post Campaigns where Donors can make Donations. While there’s no fee to create a Campaign, each Donation is charged fees covering our costs plus third party payment processors’ charges.
We might change or stop offering parts of the Services temporarily or permanently without notice.
You agree not to hold us responsible if that happens.
We aren’t liable if data gets lost or isn’t saved on our Services.
If you access via mobile device, your carrier’s usual fees may apply.
Some devices or carriers might not support all features.
By using our Services you consent that we can send messages like SMS or MMS about Company info to your phone,
and certain usage info may be shared with us too.
Charitable Giving: Please note that Campaigns aren’t official charities where donations are tax deductible.
Donations might be processed by partners who charge extra fees besides ours.
You understand Company isn’t a charity itself nor does it ask for donations on its own behalf.
We simply act as a payment handler for donations made here.
Administrative Platform Only: Our role is just handling payments between Campaign Organizers and Donors,
not getting involved in agreements between them.
We’re not brokers, agents, banks, creditors or insurers for anyone here.
We don’t control what organizers do nor vouch for anything they say,
so we disclaim liability about campaigns’ results or success.
Donors decide whether to donate based on their own judgment
after asking questions and checking out campaigns as much as they want before donating – all donations are voluntary
and donors bear all risks including whether funds go as promised.
We don’t guarantee campaign quality or legality either,
so donors should figure out tax matters themselves.
No Verification of Campaign Information: We don’t check details organizers provide,
nor promise donations will follow organizers’ stated goals.
Also we won’t verify if laws are followed regarding donation usage.
Your Registration Obligations: Sometimes you’ll need an account with us
before accessing certain Service features.
When registering you promise your info is accurate & up-to-date as requested by forms here;
organizers must sign up honestly using real names/images representing themselves accurately;
see our Privacy Policy about how your data’s handled here too.
Under-13s aren’t allowed on these Services regardless of registration status.
Minors under 18 may only participate with guardian approval.
Some parts require signing up with third-party providers like payment processors separately;
while we may help connect you there,
we aren’t responsible if those parties mess up.
Info exchange with such third parties occurs when needed to deliver services properly.
Public Display of Donations: Donors can choose whether their donation details show publicly
or get shared only with campaign beneficiaries; if privacy’s preferred just check appropriate box during donation process.
For more details see our Privacy Policy explaining what info we collect & how it’s used/stored.
Payment of Donations: To give money you’ll have to share credit card info (VISA/Master Card/Discover/American Express)
that’s valid & authorized by you.
Minimum amounts might apply; all payments are final – no refunds.
Keep your payment info current please.
You authorize us to bill your card periodically until you stop recurring payments through this Platform.
Fees: Setting up campaigns costs nothing upfront from organizers.
However we keep 4% from every donation (“Front Runner Professional Fee”).
Payment processors charge additional fees (“Processing Fee”).
By donating you accept terms set by both us AND payment processors involved here.
Processor fees vary:
• US Users ONLY: Processor takes 2.9% + $0.30 per donation on VISA/Master Card/Discover cards;
3.4% + $0.30 on American Express cards.
• CA Users ONLY: Same processor rates apply-2.9% + $0.30 per donation on most cards;
3.4% + $0.30 on Am Ex cards.
All Fees come straight off each Donation amount before organizer withdrawal;
Fees might change occasionally but we’ll announce such updates at least fourteen (14) days beforehand via Website notices;
Continuing Service use means agreeing with new Fees once effective.
Indemnification : You agree not to sue but instead protect Company plus affiliates including owners/employees/directors etc., against losses/damages/claims/lawsuits caused by your Service use,
breaches here,
rights violations,
injuries including death linked somehow back;
Californians waive Civil Code Section 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”.
Others waive similar rules in their areas too.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES : USE OF SERVICE IS ENTIRELY YOUR RISK.
IT’S PROVIDED AS IS , AS AVAILABLE.
WE DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING MERCHANTABILITY , FITNESS FOR PURPOSE ,
TITLE , NON-INFRINGEMENT.
WE MAKE NO PROMISE SERVICES WILL BE UNINTERRUPTED , ERROR-FREE , SECURE ,
RESULTS ACCURATE OR RELIABLE ,
DONATION PAYMENTS REACH BENEFICIARIES ,
OR QUALITY MEETS EXPECTATIONS.
LIMITATION OF LIABILITY : YOU AGREE THAT COMPANY NOR AFFILIATES AREN’T LIABLE FOR INDIRECT ,
INCIDENTAL , SPECIAL , CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ETC., EVEN IF WARNED ABOUT POSSIBILITY ;
BASED ON CONTRACT / TORT / NEGLIGENCE / STRICT LIABILITY ETC.
MAX LIABILITY TO YOU WON’T EXCEED WHAT YOU PAID COMPANY IN LAST SIX MONTHS BUT NEVER MORE THAN ONE HUNDRED DOLLARS ($100).
EXCLUSIONS : SOME PLACES DON’T ALLOW LIMITS ON WARRANTIES OR DAMAGES SO SOME RULES ABOVE MAY NOT APPLY.
IF YOU’RE UNHAPPY WITH SERVICE OR TERMS YOUR ONLY OPTION IS TO STOP USING IT.
DISPUTE RESOLUTION – ARBITRATION (PLEASE READ): ALL DISPUTES BETWEEN YOU AND COMPANY SHALL GO TO ARBITRATION
EXCEPT SMALL CLAIMS COURT CAN HANDLE INDIVIDUAL CASES.
NOTICE SHOULD BE SENT TO ADDRESS BELOW :
2501 Parmenter Street , Suite 300A ,
Middleton , WI 53562 ,
Attn : President
EMAIL COPY TO support@tributepayments. com
NOTICE MUST SAY WHAT THE CLAIM IS ABOUT AND WHAT REMEDY YOU WANT.
IF NO AGREEMENT AFTER SIXTY DAYS FROM RECEIPT ,
EITHER SIDE CAN START ARBITRATION PROCEEDINGS.
DURING ARBITRATION SETTLEMENT OFFERS REMAIN SECRET UNTIL FINAL DECISION.
Arbitration follows American Arbitration Association Rules (“AAA Rules”) modified by these terms ;
Hearings usually happen in Chicago unless otherwise agreed ;
Arbitrator decides everything including enforceability ;
Decisions come in writing explaining why award was given ;
BOTH SIDES AGREE THEY CAN ONLY BRING THEIR OWN CLAIMS INDIVIDUALLY NOT CLASS ACTIONS ;
ARBITRATOR CANNOT COMBINE MULTIPLE CLAIMANTS OTHERWISE THIS CLAUSE IS VOID ENTIRELY.
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