PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN).
By using this Website, you signify your acknowledgment and agreement to these Terms and Conditions.
If you do not agree with these Terms and Conditions, DO NOT use this Website (as defined herein).
These Terms and Conditions govern the use of the Book Of Memories websites (the “Website”)
and other services (collectively the “Services”). FrontRunner Professional (“Company,” “we,” “us,” “our”) reserves the
right in our
sole discretion to change, amend or modify (the “changes”) all or part of these Terms and Conditions at any
time and from time
to time for any reason. Any changes to these Terms and Conditions will be noted by indicating the date these
Terms and Conditions were last made.
Any changes will become effective no earlier than fourteen (14) days after they are posted; provided, however,
that changes addressing new functions of the Services or changes made for legal reasons will be effective
immediately.
Your use or continued use of the Services after the date any such changes become effective shall constitute
your express acceptance of the Terms and Conditions as changed, amended or modified.
Eligibility: Users under 18 years of age are not eligible to use the Services without consent.
Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal
guardian who is at least 18 years of age; provided, however, that such parent or legal guardian agrees to be
bound by these Terms and Conditions,
and agrees to be responsible for such use of the Services. Company reserves the right to refuse use of the
Services to anyone and to reject,
cancel, interrupt, remove or suspend any Campaign, Donation, or the Services at any time for any reason without
liability.
Definitions: In these Terms and Conditions “Campaign Organizers” means those raising funds,
and “Campaigns” as their fundraising campaigns. Additionally, “Donors” means those contributing funds,
and “Donations” as the funds they contribute. Campaign Organizers, Donors and other visitors to the Services
are referred to collectively as “Users”.
The term “Campaign Organizers” shall also be deemed to include any individual(s) designated as a beneficiary of
Campaigns.
Services: The Services are offered as a platform (the “Platform”) to Users of the Services.
Among other features, the Services are designed to allow Campaign Organizers to post Campaigns
to the Platform to accept Donations from Donors. Although there are no fees to set up Campaigns,
a portion of each Donation will be charged as fees for our Services and those of our third party payment
processors.
Company reserves the right to modify or discontinue, temporarily or permanently, the Services with or without
notice.
You agree that Company will not be liable to you or to any third party for any modification, suspension or
discontinuance thereof.
The Company has no responsibility or liability for the deletion or failure to store any data or other content
maintained or uploaded by the Services.
To the extent you access the Services through a mobile device, your wireless service carrier’s standard
charges,
data rates and other fees may apply. In addition, downloading, installing, or using certain Services may be
prohibited or restricted by your carrier,
and not all Services may work with all carriers or devices. By using the Services, you agree that we may
communicate
with you regarding Company and other entities by SMS, MMS, text message or other electronic means to your
mobile device
and that certain information about use of the Services may be communicated to us.
Charitable Giving: Campaigns are not charities to which you can make tax-deductible charitable
contributions.
Any Donation you make through the Platform may be processed by an unaffiliated business partner for which a
processing fee
(in addition to our FrontRunner Professional Fee) is deducted. You understand, acknowledge and agree that Company is not a
charity,
and Company does not solicit charitable donations for itself or for any third-party charitable institution.
Company is merely acting as a payment facilitator for any Donations.
Administrative Platform Only: The Services are an administrative platform only.
The Company is merely acting as a payment facilitator for any Donations between Campaign Organizers and Donors,
and is not a party to any agreement between Campaign Organizers and Donors. Company is not a broker,
agent,
financial institution, creditor or insurer for any user. Company has no control over the conduct of,
or any information provided by Campaign Organizers, and Company hereby disclaims all liability in this regard.
We expressly disclaim any liability or responsibility for the success or outcome of any Campaign.
Donors must in their sole discretion make the final determination of making Donations to any Campaigns.
Donors are solely responsible for asking questions and investigating Campaign Organizers and Campaigns
to the extent they feel is necessary before making a Contribution. All Donations are made voluntarily
and at the sole discretion and risk of Donors. Company does not guarantee that Donations will be used as
promised.
Company does not endorse, guarantee, make representations, or provide warranties for or about the quality,
safety,
or legality of any Campaign. Donors are solely responsible for determining how to treat their Donations for tax
purposes.
No Verification of Campaign Information: We do not verify the information that Campaign Organizers
supply,
and do not guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by
Campaign Organizers.
We disclaim and assume no responsibility to verify whether the Donations are used in accordance with any
applicable laws.
Your Registration Obligations: You may be required to register with Company in order to access and use
certain features of the Services.
If you choose to register for the Services, you agree to provide and maintain true, accurate, current and
complete information about
yourself as prompted by the Services’ registration form. Campaign Organizers must register using their true
identities,
including their name and any image purporting to depict the Campaign Organizer. Registration data and certain
other information
about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use
the Services, with or without registering.
In addition, if you are under 18 years old, you may use the Services, with or without registering, only with
the approval of your parent or guardian.
Certain aspects of our Services may also require you to register with (and agree to the terms of) third party
service providers
(e.g., payment processors or charitable donation processors) in order to utilize such Services.
While we may help facilitate such registration in some cases, we are not a party to any such relationships and
disclaim any responsibility or liability for the performance by such third
parties. We may exchange information with such third party services in order to facilitate the
provision of Services (and related third party services).
Public Display of Donations: Donors have the option to publicly display their Donations for public
viewing or allow their
information to be provided to the Campaign beneficiary(ies). To keep the details of your Donation private,
simply click
the appropriate checkbox during the Donation process. Please see our Privacy Policy
for more information on the ways that we may collect, use, and store certain information about you and your use
of the Services.
Payment of Donations: In order to contribute to a Campaign, Donors will be required to provide Company
information regarding
its credit card (i.e., VISA, MasterCard, Discover or American Express) or other payment method. Donors
represent and warrant to
Company that such information is true and that Donors are authorized to use the credit card or payment method.
Donors agree that
a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded.
Donors agree to promptly
update account information with any changes that may occur and to pay the Donation amount that you specify.
Donors hereby authorize
Company to bill Donors’ credit cards and payment methods in advance on a periodic basis until Donors terminate
periodic payments through the Platform.
Fees: Company does not charge Campaign Organizers any upfront fees for Campaigns. Company retains a
portion of each Donation
contributed to Campaigns in the amount of four percent (4%) (“FrontRunner Professional Fee”). A portion of the Donation is
payable to our third
party payment processors (“Processing Fee”). Donors acknowledge that by contributing Donations to Campaigns,
Donors are agreeing to
any and all applicable terms and conditions set forth by a third party payment processor, in addition to these
Terms and Conditions.
The portion of each Donation payable to and retained by our third party payment processors are:
• US Users ONLY: Third party payment processor charges a fee of
2.9% AND $0.30 per donation for VISA,
MasterCard or Discover cards or 3.4% AND $0.30 per donation for American Express cards.
• CA Users ONLY: Third party payment processor charges a fee of
2.9% AND $0.30 per donation for VISA,
MasterCard or Discover cards or 3.4% AND $0.30 per donation for American Express cards.
All Tribute Pay Fees and Processing Fees (“Fees”) are deducted directly from each Donation and are not
reflected in the amount
which Campaign Organizers can withdraw from the Campaign. We reserve the right to change any of the Fees from
time to time.
If we change any of the Fees, we will provide notice of the change on the Website or otherwise, at our option,
at least fourteen (14) days before the change is to take effect. Your continued use of the Services after the
change in
any of the Fees becomes effective constitutes your acceptance of the new Fees.
Indemnification: You agree to release, indemnify and hold Company and its affiliates and their owners,
officers, employees,
directors and agents harmless from any from any and all losses, damages, expenses, including reasonable
attorneys’ fees, rights,
claims, causes of action, actions of any kind and injury (including death) arising out of or relating to your
use of the Services,
any Donation or Campaign, your violation of these Terms and Conditions or your violation of any rights of
another.
If you are a California resident, you waive California 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”.
To the extent you are a resident of another jurisdiction, you waive any comparable statute or doctrine
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT
THE SERVICES WILL MEET YOUR REQUIREMENTS,
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE, THE REMITTANCE OF ANY DONATION OR PORTION THEREOF TO THE BENEFICIARY OF ANY CAMPAIGNS, OR
THE QUALITY OF ANY SERVICES.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ITS AFFILIATES WILL
BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED
TO,
DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES),
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICES,
THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICES,
OR ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES,
LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, BUT IN NO EVENT
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 DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
DISPUTE RESOLUTION – ARBITRATION (READ CAREFULLY): You agree to arbitrate all disputes and claims
between you and 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”).
The Notice to Company should be sent to 2501 Parmenter Street, Suite 300A, Middleton, WI 53562, Attn:
President, with a copy by email to
support@tributepayments.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim
or dispute,
and (ii) set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to
resolve the claim
within sixty (60) days after the Notice is received, you or Company may commence an arbitration proceeding.
During the arbitration,
the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after
the arbitrator
determines the amount, if any, to which you or Company is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes
(collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Terms and
Conditions, and will be administered by the AAA.
The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879,
or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms and Conditions.
All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope,
enforceability,
and arbitrability of the arbitration provision. Unless Company and you agree otherwise, any arbitration
hearings will
take place in Chicago, Illinois. Regardless of the manner in which the arbitration is conducted, the arbitrator
shall
issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the
award is based.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and
Company
agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside
over any form of a representative or class proceeding. If this specific provision is found to be unenforceable,
then the entirety of this arbitration provision shall be null and void.
