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 (as described 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”, “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. The term “Campaign Organisers” is also deemed to encompass 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 a fee for our services and the third-party payment processors. 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 data, other uploaded content or 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 Donation that you make via the Platform. This business partner will charge a fee for processing, 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 deem necessary. Donations made by Donors are voluntary and done at their own discretion. 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 Donors alone are responsible for how they will treat their Donations in order to determine the tax treatment.
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.
Displaying Donations publicly: Donors can choose to display their donations for the public to view or to allow the information they provide to be shared with the beneficiary(ies) of the campaign. Click the checkbox to keep your donation details private. For more information, please see 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 Donors warrant and represent to Company that the information provided is accurate and that they are authorized to make use of their credit card. The Donor agrees that there may be a minimum donation amount and that Donation payments cannot be returned. 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 set 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: A third party payment processor will charge a fee for VISA cards, MasterCard cards and Discover cards of 2,9% plus $0.30 or 3,4% + $0.30 for American Express Cards.
The Campaign Organisers cannot withdraw any amount from the Campaign until all Tribute Payment Fees (also known as Processing Fees) have been deducted. From time to time, we reserve the right change the fees. We will notify you of any changes to the Fees on our Website, or in another way, if we choose, fourteen (14) calendar days prior to the date of implementation. 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 release does not extend to claims which the creditor did not know or suspect existed in his favor at the time of executing the release, and that if known by him must have materially affected his settlement with debtor”. If you reside in another jurisdiction you will waive the equivalent statutes or doctrines.
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 Disclaim 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 results from using these services, such as accuracy, reliability, or whether they are accurate.
LIMITATIONS OF LIABILITY You expressly understand and agree that neither Company nor its affiliates will be liable for any indirect, incidental, special, consequential, exempt, or other damages, including but not limited to, damage caused by loss of goodwill, use, data, or other intangible losses, whether based on contract, tort, negligence, strict liability, or otherwise, resulting from the use, failure to utilize, unauthorised access, alteration, theft, destruction, statements, conduct 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 most 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 it.
ARBITRATION – DISPUTE RECOVERY (READ IT CAREFULLY). By agreeing to arbitrate any disputes or claims that you may have with Company, including our subsidiaries, affiliates and agents. Despite the above, any 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”). It must: (i) state the basis and nature of the dispute or claim, (ii), and the relief requested (“Demand”) You or Company can initiate an arbitration proceeding if Company and you are unable to reach an agreement within 60 days of the notice. The arbitrator will not know the value of any settlement offered by Company or yourself until the arbitrator has determined the total amount to which either you or Company are entitled.
The AAA Rules will govern the arbitration, which will be administered and governed by them. You can find the AAA Rules online by visiting adr.org or calling 1-800-778-779. Or, you can write to the Notice address. Arbitrator must adhere to the Terms and Conditions. The arbitrator will decide all issues, including but not restricted to 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 class or representative proceeding, unless both parties agree in writing. This entire arbitration clause will be invalidated if this particular provision is found unenforceable.