Please read the following terms and conditions carefully before using this website (as defined herein). By using this website, you acknowledge and agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use this website (as defined herein).
These terms and conditions govern your use of the Book Of Memories website ("Site") and other services (collectively, the "Services"). FrontRunner Professional ("Company", "we", "our", "our") reserves the right, at its sole discretion, to change, modify or alter ("Changes") all or any part of these terms and conditions from time to time for any reason. Any changes to these terms and conditions will be noted on the date these terms and conditions were last written. Any changes will be effective within fourteen (14) days of posting, however, only if changes for new features of the Services or for legal reasons are effective immediately. Your use or continued use of the Services after the effective date of such changes will constitute your express acceptance of the amended, revised or modified terms and conditions.
Passed:Users under 18 areIt cannot be ignoredUse of the Services without consent. Users between the ages of 13 and 17 may use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years of age; however, only if such parent or legal guardian agrees to be bound by these terms and conditions and consents to such use of the Responsible Service. The Company reserves the right, without liability, to deny anyone access to the Services and to refuse, cancel, discontinue, remove or suspend any campaign, donation or service.
Interpretation:In these Terms and Conditions, "event organizer" refers to fundraisers and "event" to their fundraising activity. Also, "donor" refers to the person contributing funds and "donation" refers to the funds contributed. Event organizers, contributors and other visitors to the Services are collectively referred to as "Users". The term "event organizer" shall also be deemed to include any person named as a beneficiary of the event.
Serving:The Services are provided as a platform ("Platform") to users of the Services. Among other features, the Services are designed to allow event organizers to post events on the Platform to receive donations from Donors. Although there are no fees for setting up the event, a portion of each donation will be charged as a fee for our services and the services of third party payment processors. The Company reserves the right to temporarily or permanently modify or terminate the Services with or without notice. You agree that the Company shall have no liability to you or any third party for any modification, suspension or discontinuance thereof. The Company is not responsible for the deletion or failure to store data or other content maintained or uploaded by the Services. If you access the Services through a mobile device, your wireless service provider may impose standard charges, data charges and other charges. In addition, your carrier may prohibit or restrict the download, installation or use of certain Services, and not all Services are available on all carriers or devices. By using the Services, you agree that we may communicate with you about the Company and other entities via text messages, MMS, SMS or other electronic media on your mobile device and may share certain information with us about your use of the Services. .
Charitable donations:The campaign is not a charity and you can make tax-deductible charitable contributions to it. Any donations you make through the Platform may be processed by unaffiliated business partners, less a processing fee (in addition to our FrontRunner Professional Fee). You understand, acknowledge and agree that the Company is not a charity and that the Company does not solicit charitable contributions for itself or third-party charities. The company acts solely as a payment service provider for any donations.
Management platform only:The Service is simply a management platform. The Company acts solely as a facilitator for the payment of any donations between the Event Organizer and the Donor and is not a party to any agreement between the Event Organizer and the Donor. company isNobroker, agent, financial institution, creditor or insurance company of any user. The company has no control over the actions or any information provided by the event organizers and the company disclaims all liability in this regard. We expressly disclaim any responsibility for the success or results of any campaign. Donors must make the final decision to donate to any event at their own discretion. Donors are solely responsible for asking questions and researching event and event organizers to the extent they deem necessary prior to contributing. All donations are voluntary, at the discretion and responsibility of the donor. The Company does not guarantee that donations will be used as promised. The company does not endorse, guarantee, make any representations or warranties as to the quality, safety or legality of any activity. Donors are solely responsible for determining how their donations are treated for tax purposes.
No event information verification:We do not verify the information provided by event organizers and do not guarantee that donations will be used in accordance with any fundraising purpose stated by the event organizer. We take no responsibility and assume no responsibility for checking that donations are used in accordance with applicable law.
Your registration obligations:You may be required to register with the Company to access and use certain features of the Services. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as requested by the Service registration form. Event organizers must register using their true identity, including their name and any images that claim to represent the event organizer. Registration data and certain other information about you are subject to our Privacy Policy. If you are under 13 years of age, you may not use the Services, whether or not you are registered. In addition, if you are under 18 years of age, you may use the Services with the consent of a parent or guardian, whether registered or not. Certain aspects of our Services may also require you to register with (and agree to the terms of) a third-party service provider, such as a payment processor or charitable donation processor, in order to use those services. While in some cases we may assist in facilitating such registrations, we are not a party to any such relationship and disclaim any responsibility or liability for the performance of such third parties. We may share information with these Third Party Services to facilitate the provision of the Services (and related Third Party Services).
Donations are displayed publicly:Donors can choose to publicly display their donation for public viewing or allow their information to be made available to event beneficiaries. To keep your donation details private, simply click the appropriate box during the donation process. Check out oursPrivacy PolicyMore information about how we collect, use and store certain information about you and your use of the Services.
Donation payment:To donate at the event, donors will need to provide company information on their credit card (ie VISA, MasterCard, Discover or American Express) or other payment method. The Donor represents and warrants to the Company that this information is true and that the Donor has the right to use a credit card or payment method. Donors agree that certain minimum donation amounts may apply and that all donation payments are final and non-refundable. Donors agree to promptly update account information to reflect any changes that may occur and to pay the donation amount you have specified. The Donor Authorizes the Company to pre-charge the Donor's credit card and payment method on a regular basis until the Donor completes the recurring payment through the Platform.
cost:The company does not charge event organizers upfront fees for the event. The Company retains a portion of four percent (4%) of each donation to the Campaign ("FrontRunner Professional Fees"). A portion of the donation is paid to our third party payment processor ("processing fee"). The Donor acknowledges that by donating to the Event, the Donor agrees to all applicable terms and conditions imposed by the third party payment processor in addition to these Terms and Conditions. The portion of each donation paid and held by our third party payment processor is:
• For US users only: Third-party payment processors charge 2.9% and $0.30 per donation for VISA, MasterCard or Discover cards, or 3.4% and $0.30 per donation for American Express.
• For CA users only: Third-party payment processors charge 2.9% and $0.30 per donation for VISA, MasterCard or Discover cards and 3.4% and $0.30 per donation for Amex.
All tribute payment fees and processing costs ("Fees") are deducted directly from each donation and will not be reflected in the amount that the Event Organizer may withdraw from the Event. We reserve the right to change any charges from time to time. If we change any Fees, we will provide notice of the change on the Website or by other means of our choosing at least fourteen (14) days before the change becomes effective. Your continued use of the Services after any fee changes take effect constitutes acceptance of the new fees.
compensation:You agree to hold harmless and indemnify the Company and its affiliates and their owners, officers, employees, directors and agents from and against all damages, losses, expenses, including reasonable attorneys' fees, rights, claims, causes of action, and Hold harmless from any injury (including death) of any kind arising out of or in connection with your use of the Services, any donation or activity, violation of these terms and conditions, or violation of any third party rights. If you are a California resident, you waive California Civil Code section 1542, which states: “The general release does not extend to claims that the obligee did not know or suspect existed in your favor at the time the release was imposed, if he knew that he should was His settlement with the debtor had a significant effect.' If you are a resident of another jurisdiction, you waive any similar regulations or authorities
Disclaimer of Representations and Warranties:Use of the Services is at your own risk. The Service is provided on an "as is" and "as available" basis. THE COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, . The Company and its affiliates do not warrant that the Services will meet your requirements, that the Services will be uninterrupted, timely, secure or error-free, that the results that may be obtained from the use of the Services will be accurate or reliable, that the sending of any donations to beneficiaries of any activity or part of a donation or the quality of any service.
Limitation of liability:You expressly understand and agree that neither the Company nor its affiliates shall be liable for any indirect, incidental, special, consequential, exemplary or lost profits, including but not limited to damages arising from goodwill, use, data loss or other immaterial damage (even if the Company has been advised of the possibility of such damages), whether in contract, tort, negligence, strict liability or otherwise, arising out of your use or inability to use the Services, unauthorized access or changes to your transmissions or data, statements or conduct of any third party in connection with the Services or any other matter relating to the Services. IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO COMPANY DURING THE PREVIOUS SIX (6) MONTHS BUT IN NO EVENT LARIA ($100).
exclude:SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Therefore, some of the above limitations may not apply to you. If you are dissatisfied with any part of the service or these terms and conditions, your sole remedy is to stop using the service.
Dispute Resolution - Arbitration (read carefully):You agree to settle all disputes and claims between you and the Company (including our respective subsidiaries, affiliates, agents, employees, predecessors-in-interest, successors and assigns). Notwithstanding the foregoing, either party may bring an individual action in small claims court. Notice of Dispute ("Notice"). Business notices should be sent to 2501 Parmenter Street, Suite 300A, Middleton, WI 53562, Attn: President, with a copy via email to support@tributepayments.com ("Notice Address"). The notice must (i) describe the nature and basis of the claim or dispute and (ii) state the specific relief sought (“Claim”). If the Company and you do not reach an agreement to resolve the claim within sixty (60) days of notification, either you or the Company may initiate an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until the arbitrator determines the amount, if any, to which you or the Company are entitled.
The arbitration shall be governed by the commercial arbitration rules of the American Arbitration Association ("AAA") and the Supplemental Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by these Terms and Conditions, and shall governed by the AAA AAA Rules, available online at foradr.org, call AAA at 1-800-778-7879 or write to the notification address. Arbitrators are bound by these terms and conditions. The arbitrator must decide all matters, including but not limited to matters relating to the scope, enforceability and arbitrability of the arbitration clause. Unless the Company and you agree otherwise, the arbitration hearing will be held in Chicago, IL. Regardless of how the arbitration is conducted, the arbitrator shall issue a well-reasoned written decision explaining the underlying findings and conclusions on which the decision is based. You and the Company agree that each may bring claims against the other solely in your individual or individual capacity and not as a plaintiff or class member in any class or representative proceeding. Unless you and the Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, or preside over any form of representative or class action. If that provision is found unenforceable, then this arbitration provision will be void in its entirety.