Please read the following Terms and Conditions carefully before using this website (as defined herein). You acknowledge and agree to these Terms and conditions by using this website. Do not use this website (as defined below) if you don’t agree to these terms and conditions.
These Terms and Conditions apply to the Book Of Memories website (the “Website”) as well as other services (collectively, the “Services”). FrontRunner Professional (Company, “we,” “us,” or “our”) reserves its right to amend, modify or change (“changes”) any or all of these Terms and conditions at any time. The date of the last modification will be shown on any changes made to these Terms and conditions. Changes will not take effect earlier than 14 days after their posting. However, changes that address new features of the Services, or those made for legal purposes, will take immediate effect. You accept the terms and conditions as amended, modified or changed by using the Services or continuing to use them after that date.
Eligibility Users below 18 years old are ineligible for the Services. Users between 13 and 17 years old can use the services with the consent and oversight of a parent, legal guardian, or other adult who is 18 or older. This parent, legal guardian, or adult must agree to these Terms and Conditions and accept responsibility for the use of the Service. The Company reserves the rights to refuse to allow anyone to use the Services and to cancel, interrupt or remove any Campaign or Donation or to suspend the Services for any reason at any time.
Definitions In the Terms and Conditions, “Campaign organizers” refers to those who raise funds and “Campaigns”, their fundraising campaigns. Donors are those who contribute funds and “Donations”, the money they donate. Users include Campaign Organizers and Donors, as well as other visitors to our Services. The term “Campaign Organisers” is also deemed to encompass any individual(s), designated as a Campaign beneficiary.
Services Services are provided as a platform (“Platform”) for Users. The Services allow for Campaign Organizers to upload Campaigns to the Platform to receive Donations from Donors. There are no charges to create Campaigns. However, we will charge a percentage of every Donation as fees. Company reserves the rights to modify or discontinue the Services, temporarily or permanently. This can be done with or without prior notice. You agree that Company is not liable for any modification, suspension, or discontinuance of the Services. The Company is not responsible or liable for any loss or damage caused by the failure to save or delete data or other uploaded or maintained content. If you use a mobile device to access the Services, the standard data rates, charges and other fees of your wireless service provider may apply. Depending on your wireless service provider, you may not be able to download, install, or use certain Services. Not all Services will work with every carrier or device. You agree to allow us to communicate with you about Company and other entities via SMS, MMS or text message to your mobile phone.
Charitable Donations: Campaigns do not qualify as charities for which you can deduct charitable contributions. A non-affiliated partner may process any Donation that you make via the Platform. This business partner will charge a processing fee in addition to FrontRunner’s Professional Fee. You acknowledge, understand and agree that Company, Inc. is not a charitable organization and does not solicit donations to benefit itself or any third party charitable institution. Company acts as a facilitator of payment for Donations.
Administrative platform only: Services are a administrative platform. The Company acts as a payment facilitation for Donations between campaign organizers and donors, and is not a part of any agreement between the two parties. Company is and not an agent, broker, financial institution or insurer of any user. Company does not have any control over the information or conduct provided by Campaign Organizers. Company disclaims any liability. We disclaim all liability and responsibility for any Campaign’s success or outcome. The final decision to donate money to a campaign is up the donors. Before making a contribution, it is the sole responsibility of Donors to ask questions and investigate Campaign Organizers or Campaigns as much as they feel necessary. All Donations are voluntary and made at the discretion and risk solely of the Donors. The Company cannot guarantee that the Donations will be used in accordance with their promises. Company does not guarantee, represent, or give warranties about quality, safety or legality. The Donor is responsible for determining the tax treatment of their Donations.
No verification of campaign information:We do not verify any information provided by Campaign Organizers and we do not guarantee the Donations are used for the fundraising purposes specified by Campaign Organizers. We do not assume any responsibility for verifying that the Donations will be used in compliance with applicable laws.
Public Display: Donors can choose to display their Donations publicly for the public to view or to allow their information be given to the campaign beneficiary(ies). Click the appropriate checkbox to keep your Donation details private. Please refer to our Policy on Privacy for information regarding the way we collect, store, and use certain information about your use of Services.
Payment for Donations: To contribute to a campaign, Donors are required to give Company information about their credit card (VISA, MasterCard Discover, American Express, etc.) or another payment method. The Donor warrants to Company that the information provided is accurate and that they are authorized to make use of their credit card or other payment method. Donors acknowledge that there may be a minimum donation amount and that Donation payments cannot be refunded. Donors agree that they will promptly update their account information to reflect any changes and pay the amount of Donation that you specify. Donors authorize Company to charge Donors credit cards and payment methods on a regular basis in advance until Donors cancel periodic payments via the Platform.
Fees Company charges no upfront fees to Campaign Organizers. The Company retains four percent (4%) of every Donation made to Campaigns (“FrontRunner professional fee”). Our third-party payment processors receive a portion of each Donation (“Processing fee”). Donors acknowledge by contributing to Campaigns that they agree to all applicable terms and condition set by a third-party payment processor in addition to the Terms and Conditions. The percentage of each donation that is payable to our third-party payment processors and retained by them are:
* US users ONLY: A third party payment processor charges 2.9% and $0.30 for VISA, MasterCard, Discover or American Express cards.
* CA users ONLY: A third party payment processor charges 2.9% and $0.30 for VISA, MasterCard, Discover or American Express cards. The fee is 3.4% and $0.30 for American Express cards.
All processing fees and tribute pay fees (“Fees”) will be deducted from every donation and not included in the amount that Campaign Organizers may withdraw from the Campaign. We reserve the rights to modify any Fees at any time. We will notify you of any changes to the Fees on our Website, or in another way, at our discretion, at least 14 days before they take effect. You accept the new fees if you continue to use the Services following the effective date of any change.
Indemnification If you are a California resident, you waive California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO BE IN HIS FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED H You waive California Civil Code section 1542 if you’re a Californian. It states: “A GENERAL RESTRICTION DOES NOT EXTEND to Claims which the Creditor does not know or suspect to exist in his favor at the time of executing a release, which if known by him must have materially affected his settlement with the Debtor”. If you reside in another jurisdiction, then you waive any similar statute or doctrine.
Disclaimer of Representations and Warranties: Your use of the Service is at your SOLE RISK. The Service is provided “as-is” and “as available”. The Company and its Affiliates EXPRESSLY DISSCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED to the implied warranties of MERCHANTABILITY FITNESS OF A PARTICULAR PURPOSES, TITLE, AND NON INFRACTION. The Company and its Affiliates make no warranty that the Services will meet your requirements, or be uninterrupted, timely, secure, or error-free. They also do not guarantee that results obtained from using the services will be accurate or reliable, nor can they guarantee any portion of a donation to a beneficiary.
LIMITATIONS OF LIABILITY YOU AGREE TO AVOID ANY DAMAGES, INCLUDING, BUT NOT LIMITED, TO DAMAGES FOR GOODWILL OR USE OF DATA, DAMAGES FOR OTHER INTANGIBLES (EVEN IF THE COMPANY IS ADVISED OF THIS POSSIBILITY), RESULTING FOR THE USE OF OR INABILITY TO USE SERVICES, UNAUTHORIZED ACCESS OR ALTERATION TO YOUR TRANSM In no event will COMPANY’s total liability to you for all damages, losses or causes of action exceed the amount that you have paid COMPANY in the last six (6) months, but at no time more than one hundred dollars ($100).
EXCLUSIONS: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. If you are not satisfied with any part of the service or these terms and conditions, your only remedy is to stop using the service.
ARBITRATION – DISPUTE RELATIONS (READ WITH CARE): By agreeing to arbitrate any disputes or claims between yourself and Company, including our subsidiaries, affiliates and agents, employees and predecessors and successors. Despite the above, either party can bring a small claims action. Notice of Dispute (the “Notice”) The Notice to Company should be sent to 2501 Parmenter Street, Suite 300A, Middleton, WI 53562, Attn: President, with a copy by email to firstname.lastname@example.org (“Notice Address”). The Notice must: (i) state the nature of the dispute or claim, (ii), and the specific relief requested (“Demand”) You or Company can initiate an arbitration proceeding if Company and you are unable to reach a resolution within 60 days of the Notice. The arbitrator will not know the amount of any settlement offered by Company or yourself until the arbitrator has determined the amount to which you or Company are entitled.
The AAA Rules will govern the arbitration, which will be governed under the Commercial Arbitration Rules of the American Arbitration Association (AAA), as modified by these Terms and Conditions. The AAA will administer the arbitration. You can find the AAA Rules online at adr.org or by calling 1-800-778-7879. The terms and conditions of the Terms and Conditions are binding on the arbitrator. The arbitrator will decide all issues, including but not limited issues related to scope, enforceability and arbitrability. Arbitration hearings must be held in Chicago, Illinois, unless Company and you have agreed otherwise. The arbitrator must issue a written decision that explains the findings and conclusions of the award, regardless of how the arbitration was conducted. You and Company agree that each may bring claims against the other only in your or its individual capacity, not as a plaintiff or class member in any purported representative proceeding. The arbitrator cannot consolidate claims of more than one individual, nor can he preside over a representative or a class proceeding, unless both you and Company have agreed otherwise in writing. This entire arbitration provision will be nullified if this particular provision is found unenforceable.