Mon. May 29th, 2023

https://danielsfuneralhome.net/book-of-memories/5016757/Jacobs-Betty/index.php

Please read the following Terms and Conditions carefully before using this website (as defined herein). You acknowledge and agree to the Terms and Conditions by using this website. Do not use this website (defined here) if you don’t agree to these terms and conditions.

The following Terms and Conditions apply to the Book Of Memories website (the “Website”), and all other services. FrontRunner Professional (Company, “we,” or “us,” or “our”) reserve the right to amend or modify these Terms and conditions at our discretion from time-to-time for any reason. The date of the last modification will appear next to any changes made. Changes will not take effect earlier than 14 days following their posting. However, changes that address new features of the Services, or those made due to legal requirements, will immediately be in force. 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 use of Services. The Services are available to users between 13-17 years old with consent from a legal guardian or parent who is 18 or older. This parent/guardian must agree to these terms and conditions and accept responsibility for the use of Services. The Company reserves the rights to deny use of its Services to any person and may reject, terminate, suspend, or remove any Campaign or Donation at any time without any liability.

Definitions In the Terms and Conditions, “Campaign organizers” refers to those who raise funds and “Campaigns”, their campaigns of fundraising. Donors are those who contribute funds and “Donations”, the money they donate. Users include Campaign Organizers and Donors, as well as other users of the Services. “Campaign Organisers” includes any individuals designated as beneficiaries of campaigns.

Services Services are provided as an online platform to users of the Services. The Services allow for Campaign Organisers to upload Campaigns to Platforms to receive Donations. There are no charges to create Campaigns. However, we will charge a percentage of every Donation as fees. The Company has the right to change or terminate the Services, permanently or temporarily, with or without prior notice. Company is not liable for the modification, suspension, or discontinuance of Services. The Company is not responsible or liable for any loss or damage caused by the failure or deletion of data, or any other content uploaded or maintained through the Services. If you use a mobile phone to access the Service, the standard data charges and fees of your wireless carrier may be applicable. 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 or other entities via SMS, MMS text messages, and other electronic methods to your mobile phone.

Charitable Donations: The Campaigns themselves are not charitable organizations to which contributions can be deducted from your taxes. A non-affiliated partner may process any Donations you make via the Platform. For this, a fee will be deducted in addition to FrontRunner’s Professional Fee. Company is not a charitable organization, nor does it solicit donations on behalf of itself or any other charitable institution. The Company is acting as an intermediary for Donations.

Administrative platform only: Services consist of an administrative interface. The Company acts as a facilitator of payments between Donors and Campaign Organizers, but is not a part of any agreements between the two parties. The Company is and not an agent, broker, financial institution or creditor of any users. Company does not have any control over Campaign Organizers’ conduct or information, and Company disclaims liability for this. In no way do we accept any responsibility or liability for any Campaign’s success. The final decision to donate money is up to the donors. Before making any Contribution, Donors must ask questions and investigate Campaign Organizers or Campaigns as much as they feel necessary. All donations are voluntary and made at the risk and discretion of donors. The Company cannot guarantee that the Donations will actually be used in accordance with their promises. The Company makes no representations or warranties about quality, safety or legality. The Donor is responsible for the tax treatment of their donations.

Verification of campaign information:We do not check the data provided by the Campaign Organizers and we do not ensure that Donations are used for the fundraising purposes specified by the Campaign Organizers. No responsibility is assumed by us to ensure that the Donations will be used according to any laws applicable.

Registration obligations: It may be necessary to register in order to use and access certain Services features. You agree that if you register with the Services you will provide true, accurate, complete and current information as requested by the registration form. The Campaign Organisers are required to register with their real identities. This includes their names and images that purport to represent them. Our Privacy Policy governs the registration data as well as certain other personal information. You are not allowed to register or use our Services if you’re under the age of 13. If you’re under 18, you can only use our Services with your guardian or parent’s approval, whether you register or not. In order to use certain aspects of our services, you may be required to register (and accept the terms) with third-party service providers. We may facilitate registrations in certain cases. However, we do not have any involvement with such relationships. Therefore, we disclaim all responsibility and liability for any performance of such third-party services. In order to provide Services and related services, we may share information with third-party services.

Displaying Donations publicly: Donors can choose to display their donations for the public to view or to allow the information they provide to the beneficiary(ies) of the campaign. Click the checkbox to keep your donation details private. For more information, please see our Policy on Privacy.

Donations Payment: To contribute to a campaign, donors will need to give Company details about their credit card, i.e. VISA, MasterCard Discover, American Express, or any other method of payment. The Donor represents and warrants to Company that the information provided is accurate and that they are authorized to make use of their credit card. The Donors acknowledge that there may be a minimum donation amount and that Donations are not refundable. The Donors are required to update their account details promptly with any updates and pay for the amount of Donation specified. Donors authorize Company to charge Donors credit cards or payment methods on a regular basis.

Fees The Company charges no upfront campaign fees to Campaign Organizers. The Company keeps a four percent (4%) portion of every Donation that is contributed to Campaigns (“FrontRunner professional fee”). Our third-party payment processors receive a portion of each Donation (“Processing fee”). By contributing to Campaigns Donors agree to all terms and conditions imposed by third-party payment processors in addition to the Terms and Conditions. Our third-party payment processors retain a portion of every Donation.

US ONLY Users: A third party payment processor will charge a fee for VISA or MasterCard cards of 2,9% and $0.30, or for American Express Cards 3.4% plus $0.30.

* 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.