PLEASE MAKE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE (AS DEFINED BELOW). By accessing this Website, you acknowledge and agree to these Terms and Conditions. If you disagree with any part of these Terms and Conditions, PLEASE DO NOT use this Website (as defined below).
These Terms and Conditions apply to your use of the Book Of Memories websites (the “Website”) along with related services (together called the “Services”). Front Runner Professional (“Company,” “we,” “us,” or “our”) reserves the right, at our sole discretion, to change or update all or part of these Terms and Conditions at any time for any reason. Any changes will be marked by noting the date they were last updated. Changes will take effect no sooner than fourteen (14) days after posting; however, updates related to new features or legal requirements may take effect immediately. Continuing to use the Services after changes go live means you accept those updated Terms and Conditions.
Eligibility: Users under 18 years old can’t use the Services without permission. Those between 13 and 17 may use the Services only if a parent or legal guardian over 18 consents and supervises them; moreover, that adult must agree to these Terms and be responsible for how the Services are used. The Company can refuse service or stop any Campaign, Donation, or Service at any time for any reason without liability.
Definitions: For clarity in these Terms, “Campaign Organizers” are people raising money through “Campaigns.” “Donors” are those giving money (“Donations”). Together Campaign Organizers, Donors, and others who visit are called “Users.” Also included in Campaign Organizers are anyone named as beneficiaries of a Campaign.
Services: The Services act as a platform (“Platform”) where Users can post fundraising efforts. There’s no fee to start a Campaign but every Donation includes fees covering our Service costs plus third-party payment processing fees. We might change or stop offering parts of the Service anytime with or without notice. You agree we’re not liable for any such changes or interruptions. We aren’t responsible if data uploaded is lost or deleted. Using mobile devices might incur standard charges from your wireless carrier; some features might not work on all devices/providers. By using our Services on mobile devices you agree that we can send messages via SMS/MMS/text about Company updates and that some info on how you use Services may be sent back to us too.
Charitable Giving: Campaigns aren’t official charities so Donations made here aren’t tax-deductible contributions. Donations could be handled by unrelated business partners who deduct their own processing fees on top of ours (“Front Runner Professional Fee”). You understand that Company itself isn’t a charity nor does it ask for donations for itself or other charitable groups – we simply help process payments between Donors and Organizers here.
Administrative Platform Only: Our role is just administrative – helping handle payment transfers between Donors and Organizers – we’re not involved in agreements between them directly. We don’t act like brokers, agents, banks, creditors, insurers etc., nor do we control what Campaign Organizers say/do; thus we aren’t liable for their actions whatsoever nor guarantee how successful any campaign is going to be. Donors decide entirely by themselves whether they want to give money; they should ask questions & research campaigns as much as they want before donating since donations carry risk & no guarantees exist about usage of funds donated here by Organizer promises alone. We don’t endorse quality/safety/legal status either. Also donors need to figure out tax treatment themselves.
No Verification of Campaign Information: We don’t check whether information given by Campaign Organizers is true nor do we assure that Donations get spent as intended per Organizer’s plans. We don’t take responsibility for ensuring compliance with laws regarding donations usage either.
Your Registration Obligations: To access some parts of our Services you might need an account with us. In doing so please provide accurate & up-to-date info about yourself when registering. Campaign organizers must register using real names/images representing themselves. All registration details & info follow our Privacy Policy rules. If you’re under 13 years old you’re not allowed access whether registered or not. If under 18, you need parent/guardian okay. Some features require signing up with third party providers like payment processors separately-we sometimes help facilitate but have no control over their performance. We may share info needed with such providers so things work smoothly.#
Public Display of Donations: When donating you get choice whether your donation shows publicly visible details online including being shown directly to beneficiary parties. If you’d prefer privacy just tick checkbox during donation steps. Check out Privacy Policy for more on how info about you gets collected/stored/used when using services.#
Payment of Donations: To donate you’ll enter credit card info (like VISA/Master Card/Discover/American Express) or other payment method details. You promise these details are correct & authorize charging. The minimum donation amount might apply. All payments final once made. No refunds. Donors should keep account info current. Donations will auto-bill periodically until canceled via platform.#
Fees: No upfront charge exists for starting campaigns. Company keeps four percent (4%) from each donation (“Front Runner Professional Fee”). Third party processors also take cut (“Processing Fee”). By donating, you accept all terms set by those processors besides ours. Fees per donation include:#
• US Users ONLY: Third party charges 2.9% plus $0.30 per gift for VISA/Master Card/Discover cards OR 3.4% plus $0.30 per gift on American Express cards.#
• CA Users ONLY: Third party charges same rates – 2.9% + $0.30 per gift VISA/Master Card/Discover OR 3.4% +$0.30 Am Ex cards.#
All Fees taken from donations reduce total funds available in campaigns. We reserve rights changing fees but will notify publicly at least two weeks ahead. You continuing usage means acceptance unless otherwise stated.
Indemnification : You’ll protect Company including its teams/officers/employees/directors from losses/costs/lawsuits arising from your actions while using Service, making donations, campaign conduct, broke rules,& violating others’ rights. Residents in California waive Civil Code Section 1542 which limits unknown claims release. Other states waive similar provisions.#
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES : YOU USE SERVICE AT YOUR OWN RISK. IT’S PROVIDED AS-IS WITH NO GUARANTEE OF WORKING PERFECTLY. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES LIKE MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE, NON-INFRINGEMENT. NO PROMISES ABOUT UNINTERRUPTED ACCESS, CORRECT RESULTS, PAYMENT DELIVERIES OR QUALITY OF SERVICES PROVIDED HERE.#
LIMITATION OF LIABILITY : COMPANY IS NOT RESPONSIBLE FOR INDIRECT, SPECIAL CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS OR DATA EVEN IF WARNED. TOTAL LIABILITY WON’T EXCEED WHAT YOU PAID IN PAST SIX MONTHS UP TO $100 MAXIMUM.#
EXCLUSIONS : SOME PLACES DON’T ALLOW LIMITING CERTAIN WARRANTIES OR DAMAGES SO SOME TERMS MAY NOT APPLY. IF YOU DON’T AGREE WITH ANY PART STOP USING THE SERVICE IMMEDIATELY.#
DISPUTE RESOLUTION – ARBITRATION (PLEASE READ): YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND COMPANY WILL BE SETTLED BY ARBITRATION. INCLUDE AFFILIATES ETC. SMALL CLAIMS COURT ACTION STILL ALLOWED. SEND NOTICE TO ADDRESS BELOW DESCRIBING CLAIM AND REQUESTED RELIEF. IF NO DEAL IN SIXTY DAYS THEN EITHER SIDE CAN START ARBITRATION. PROCESS FOLLOWS AAA RULES AVAILABLE AT adr. org OR BY CALLING AAA. THE ARBITRATOR DECIDES ALL ISSUES INCLUDING IF ARBITRATION APPLIES. ALL HEARINGS HELD IN CHICAGO UNLESS AGREED OTHERWISE. ARBITRATOR MUST PROVIDE WRITTEN REASONING. YOU CAN ONLY FILE CLAIM ON YOUR OWN BEHALF-NO CLASS ACTION PERMITTED. UNLESS THIS CLAUSE INVALIDATED ENTIRE ARBITRATION AGREEMENT FAILS TOO.
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