PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE (AS DEFINED HEREIN). By using this website, you indicate your knowledge of and agreement with these terms and conditions. If you do not agree to these Terms and Conditions, DO NOT use this Site (as defined herein).
These Terms of Service govern your use of the Book Of Memories websites (the "Site") and other services (collectively, the "Services"). FrontRunner Professional ("Company", "we", "us", "our") reserves the right, in its sole discretion, to change, add or modify these Terms of Service, in whole or in part, at any time (the “Modifications”) from time to time for any reason. Any changes to these General Terms and Conditions will be indicated by indicating the date of the last edition of these General Terms and Conditions. Any changes will be effective not earlier than fourteen (14) days after their posting; provided, however, that changes relating to new features of the Services or changes for legal reasons are effective immediately. Your use or continued use of the Services after the effective date of such changes constitutes your express acceptance of the amended, supplemented or modified Terms of Service.
Eligibility:Users are under 18 years oldunqualifieduse 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; provided, however, that such parent or legal guardian agrees to be bound by these Terms of Service and agrees to be responsible for such use of the Services. The Company reserves the right to refuse use of the Services to any person and to refuse, cancel, pause, remove or suspend any campaign, donation or the Services at any time and for any reason.
The definition:In these Terms and Conditions, "campaign organizer" means fundraisers and "campaigns" means your fundraisers. Furthermore, "donors" means those who contribute funds and "donations" means the funds they contribute. Campaign organizers, donors and other visitors to the Services are collectively referred to as "Users". The term "campaign organizers" also includes anyone designated as a campaign beneficiary.
Services:The Services are offered to users of the Services as a platform (the “Platform”). Among other functionalities, the Services are designed to allow campaign organizers to post campaigns on the platform to accept donations from donors. While there are no fees for setting up campaigns, a portion of each donation is charged as a fee for our services and those of our third-party payment processors. The Company reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension or discontinuation thereof. The Company assumes no responsibility or liability for the deletion of or failure to save any data or other content maintained or uploaded by the Services. To the extent that you access the Services via a mobile device, your wireless service provider's standard rates, data plans and other fees may apply. In addition, downloading, installing or using certain Services may be prohibited or restricted by your network operator, and not all Services may work with all network operators or devices. By using the Services, you agree that we may communicate with you about the Company and other companies via SMS, MMS, text message or other electronic means to your mobile device and that certain information about your use of the Services may be sent to us. .
Charitable Purposes:Campaigns are not charities to which you can make tax-deductible charitable donations. Any donation you make through the Platform may be processed by an unaffiliated business partner, for which a processing fee will be deducted (in addition to our FrontRunner Professional Fee). You understand, acknowledge and agree that the Company is not a charitable organization and that the Company does not solicit charitable donations for itself or third party charities. The company only acts as the payment agent for all donations.
Management platform only:The Services are just a management platform. The Company acts solely as a payment agent for donations between Campaign Organizers and Donors and is not a party to any agreement between Campaign Organizers and Donors. company isnoa broker, agent, financial institution, lender or insurer for each user. The Company has no control over the conduct or information provided by campaign organizers and the Company disclaims any liability in this regard. We expressly disclaim any liability or responsibility for the success or outcome of any campaign. Donors, in their sole discretion, shall make the final decision on campaign donations. Donors are solely responsible for asking questions and researching campaign organizers and campaigns as they deem necessary before making a contribution. All donations are voluntary and at the donor's sole discretion and risk. The company does not guarantee that donations will be used as promised. The Company does not endorse, guarantee, make any representations or make any representations about the quality, safety or legality of any Campaign. Donors are solely responsible for determining how their donations are treated for tax purposes.
No verification of campaign information:We do not verify the information provided by the campaign organizers and we do not guarantee that donations will be used in accordance with the donation purposes prescribed by the campaign organizers. We decline and assume no responsibility for verifying that donations are used in accordance with applicable law.
Payment of donations:To contribute to a campaign, donors must provide Company information about their credit card (ie VISA, MasterCard, Discover or American Express) or other payment method. Donors represent and warrant to the Company that this information is true and that donors are authorized to use 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 as changes occur and to pay the donation amount you specify. Donors authorize the Company to pre-charge Donors' credit cards and payment methods on a regular basis until Donors stop making regular payments through the Platform.
Rates:The Company does not charge campaign organizers for advance campaign payments. The Company will retain a four percent (4%) share of each donation contributed to the Campaigns (“FrontRunner Professional Fee”). A portion of the donation must be paid to our third-party payment processors (“Processing Fee”). Donors acknowledge that, by donating to Campaigns, they agree to all applicable terms determined by a third-party payment processor, in addition to these Terms of Service. The portion of each donation payable and held by our third-party payment processors is:
• US Users ONLY: Third-party payment processors charge a fee of 2.9% AND USD 0.30 per donation for VISA, MasterCard or Discover cards or 3.4% AND USD 0.30 per donation for American cards Express.
• FOR CA USERS ONLY: Third-party payment processors charge a fee of 2.9% AND USD 0.30 per donation for VISA, MasterCard or Discover cards or 3.4% AND USD 0.30 per donation for American cards Express.
All tax payment fees and processing fees (“Fees”) are deducted directly from each donation and are not reflected in the amount Campaign Organizers may withdraw from the Campaign. We reserve the right to change fees from time to time. If we change any of the Fees, we will post the change on the Site or otherwise, at our discretion, at least fourteen (14) days before the change becomes effective. Your continued use of the Services after the change to any of the Fees becomes effective constitutes your acceptance of the new Fees.
Damage payment:You agree to indemnify and hold harmless the Company and its affiliates and their owners, officers, employees, directors and agents from and against all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, causes of action, acts of any kind and personal injury (including death) arising out of or in connection with your use of the Services, a donation or campaign, your violation of these Terms of Service, or your violation of any third party rights. If you are a California resident, waive Section 1542 of the California Civil Code, which states: “A GENERAL RELEASE SHALL NOT EXTEND TO ANY CLAIM WHICH THE CREDITOR DOES NOT KNOW OR DOES NOT HAVE TO EXIST AT THE TIME OF ENFORCEMENT OF THE RELEASE, WHATEVER WHAT FOR HE KNEW THAT HE MUST HAVE SIGNIFICANTLY INFLUENCED HIS AGREEMENT WITH THE DEBTOR”. If you reside in any other jurisdiction, you waive any comparable law or doctrine
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES:YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS SUBSIDIARIES 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. THE COMPANY AND ITS SUBSIDIARIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS OBTAINED FROM THE USE OF THE SERVICES ARE ACCURATE OR RELIABLE DONATE OR SHARE TO CAMPAIGN OR QUALITY BENEFICIARIES OF THE SERVICES.
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 DAMAGES, 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 IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICES OR OTHER MATTERS RELATED TO THE SERVICES. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID THE COMPANY IN THE LAST SIX (6) MONTHS, BUT IN NO EVENT EXCEED 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 ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
DISPUTE RESOLUTION - ARBITRATION (PLEASE READ CAREFULLY):You agree to arbitrate all disputes and claims between you and the Company (including our respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns). Notwithstanding the foregoing, either party may bring an individual action in the Special Small Claims Court. Notice of Dispute ("Notice"). Notice to the Company must be sent to 2501 Parmenter Street, Suite 300A, Middleton, WI 53562, Attn: President with a copy emailed to firstname.lastname@example.org ("address of notice"). The notice must (i) describe the nature and basis of the claim or dispute and (ii) set out the specific remedy sought (“Claim”). If the Company and you cannot reach an agreement to resolve the Claim within sixty (60) days of receiving the Notice, you or the Company may commence arbitration. During arbitration, the amount of any settlement offer made by the Company or you will be disclosed to the arbitrator only after the arbitrator determines the amount to which you or the Company is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as amended by these Terms of Service and administered by the AA. The AAA Rules are available online atadr.orgby calling the AAA at 1-800-778-7879 or writing to the message address. The arbitrator is bound by the provisions of these Terms and Conditions. All questions are left to the arbitrator, including but not limited to questions relating to the scope, enforceability and arbitrability of the arbitration clause. Unless the Company and you agree otherwise, all arbitrations will take place in Chicago, Illinois. Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. YOU AND THE COMPANY AGREE THAT EACH MAY BRING A CLAIM AGAINST THE OTHER ONLY IN ITS OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY REPRESENTATION OR CLASS PROCEEDING. Unless you and the Company otherwise agree in writing, the arbitrator cannot consolidate the claims of more than one person and cannot preside over any form of representative or class action. If that specific provision is found to be unenforceable, the entirety of this arbitration provision will be null and void.