TERMS AND CONDITIONS
WELCOME TO FRONTRUNNER. This website, FrontrunnerFundraising.com and other related websites (the "SITE(s)") are provided to YOU by Frontrunner Fundraising, Inc. (" WE", “OUR” and/or “FrontRunner”). The following describes the terms on which WE offer YOU access to the SITE(s). By using the services on the SITE(s), YOU agree to be bound by these terms, including any terms available by hyperlink.
- Before YOU can become a member of the FrontRunner Team, YOU must read and accept all of the terms and conditions in, and liked to this User Agreement and OUR Privacy Policy. WE strongly recommend that, as YOU read this User Agreement, YOU also access and read the Privacy Policy and linked information.
- FrontRunner may, in its sole discretion, modify some or all of the terms and conditions of this User Agreement at any time. Modifications will be effective immediately upon being posted on the SITE(s). YOUR continued use of the SITE(s) will indicate YOUR acceptance of the modified terms and conditions.
- This Agreement is effective on May 1, 2009, for current users, and upon acceptance of new users.
FEES AND SERVICES
FrontRunner Fundraising provides users the ability to raise funds for a charitable cause or community organization through online recruitment, sales, payment, fulfillment, and all other aspects of profitable fundraising. WE provide unlimited access to all technical, marketing, and support resources within the SITE to YOU (the fundraiser Team Leader), and your Team Members (recruited through the SITE). Access to the FrontRunner Fundraising software/web site is charged when funds are raised. FrontRunner Fundraising will charge 5% (five percent) of funds that are raised through donations. The five percent is charged after bank and processing fees. Fundraisers can expect to earn 92% of all funds raised through the donation portal. On product sales, FrontRunner Fundraising will make a small margin on each sale. Depending upon what the product is, our margins will change. Margins that organizations will raise on product sales will range from 12% to 40% depending upon the product purchased. Eighty percent (80%) of our products have a 40% margin.
FUNDRAISER DISBURSEMENTS
FrontRunner Fundraising will disburse funds that were raised using our website to the fundraiser at the end of each month. These funds will be send regular mail in a check from Frontrunner Fundraising. Organizations can expect FrontRunner Fundraising to mail their checks by the 27th of each month.
CONTACT US
FrontRunner Fundraising, LLC.
814 E. Bamberger Road, Suite D
American Fork, UT 84003
888-400-4519
REGISTRATION
To access the SITE(s), YOU must register and provide certain information, including a member (user) name, a password, certain financial information, and a valid address and phone number ("Registration Data"). YOU agree to provide accurate Registration Data and to update YOUR personal and financial information to insure WE have YOUR current Registration Data. WE agree to protect and preserve the confidential nature of YOUR Registration Data and will only use YOUR personal identification information in accordance with OUR Privacy Policy.
PRIVACY POLICY
The Privacy Policy and Statement govern OUR personal information practices on the SITE(S), which is available for review and copying at http://www.frontrunnerfundraising.com/users/display/privacy_policy. Please review this Privacy Policy and print a copy for YOUR records. This SITE(s) does not intend to target or collect personal information from individuals under the age of 18.
AGE REQUIREMENTS
YOU must be able to form legally binding contracts and be at least eighteen (18) years of age to enter into this User Agreement, register for the use of OUR services, and/or to purchase products or services through the SITE(s). If YOU are under the age of 18, or unable to form legally binding contracts for any other reason, YOU must present this User Agreement to YOUR parent or legal guardian and he or she must register for the use of OUR services either personally or on YOUR behalf. By accessing the SITE(s), YOU represent that YOU are at least 18 years of age and are entering into this Agreement on YOUR own behalf or on behalf of YOUR child or a person in YOUR legal care. If YOU are a parent or guardian entering into this Agreement on behalf of YOUR child or ward, YOU are fully responsible for the child or ward's purchases and use of OUR Services, including all financial charges and legal liabilities, which YOUR child or ward may incur. If YOU do not agree to (or cannot comply with) any of these terms and conditions, do not register for and/or access the SITE(s).
PRICE AND AVAILABILITY
Some products and services offered or referred to on the SITE(s) may have been provided by third party vendors, merchants, manufacturers or suppliers. Price and availability of products and services are subject to change, sometimes without notice. WE cannot guarantee the final price or availability of products and services supplied by third parties. WE reserve the right to include fees, commissions, or similar compensation in the final price YOU pay for any product or service purchased through the SITE(s), and to change the amount of such compensation, if any, without notice. WE may change the subscription price for access to the SITE(s), at any time, without notice. No increase or decrease in the monthly subscription fees charged for access to the SITE(s) shall apply retroactively.
PROMOTIONS AND ADVERTISING
FrontRunner and/or its business partners may present advertisements or promotional materials on or through the SITE(s). Your participation in any advertised promotion or event is subject to the terms and conditions associated with that promotion or event. Your dealings with, or participation in promotions with third-party advertisers on or through the SITE(s) are solely between YOU and such third-party. WE shall not be held responsible or liable for any loss of damage of any kind that is related to or arises out of any third party advertisement or promotion, or YOUR dealings or transactions with such third parties.
SITE UPDATES
WE are committed to state of the art website design and performance, as well as to providing new products, services and fundraising tips to help YOU meet YOUR fundraising goal. Changes may be made at any time, in OUR sole and absolute discretion, to the information, names, text, software, images, pictures, logos, trade marks, products, services or other content displayed, posted or linked to the SITE(s).
LINKS
This SITE(s) may contain links to or references to third party websites. These links are provided only for YOUR convenience. No endorsement of any third party products, services or information is expressed or to be implied by any information, material or third party content displayed, referenced or linked from or to this SITE(s). Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely the statements and representations of such third parties and not of FrontRunner, its management or its affiliates. YOUR use of such third party websites is subject to any user agreements, terms and conditions of use, and privacy policies of such websites.
YOUR OBLIGATIONS
- When applicable, YOU agree to pay the recurring monthly subscription fees for access to the SITE(s), and for all products and services that YOU may purchase through the SITE(s), according to the charges WE post to YOUR credit card or bank account.
- YOU are responsible for the security of YOUR account information, including the ID and password WE assign to YOU. YOU will be held responsible for any orders, charges or purchases made by any person using YOUR account information. YOUR contributors and customers will make their purchases directly from FrontRunner. Do not provide them with YOUR account information unless YOU intend to be billed directly for their purchases.
- YOU consent to and shall participate in electronic communications and telephonic communications with Team Members, and Donors or potential Donors (customers who purchase products and services or make donations in support of YOUR organization or event) to fulfill the purposes of YOUR fundraiser, and YOU agree to provide FrontRunner with such contact information and/or personal identification information as is reasonably required to facilitate communications between FrontRunner and YOU, YOUR Team Members, and Donors, subject to the terms and conditions of OUR Privacy Policy.
- While using the SITE(s), YOU will not:
- post, transmit or distribute any content on or through the SITE(s) that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (ii) infringes or violates any copyright, trademark, trade secret, patent or other proprietary right (iii) contains any personal identification information or Registration Data of any other person without their consent; (iv) contains personally identifiable information belonging to any person under the age of 18; (v) spam, chain letters, or pyramid schemes.
- omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content;
- impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity, or in any way;
- violate any laws or engage in any activities intended to withhold or cloak identity or contact information;
- send harassing and/or threatening messages to others;
- post excessive responses to interactive features or functions of the SITE(s, or engage in flooding or mail bombing
- harvest or otherwise collect information about users, including email addresses, without their consent;
- any worm, viruses or other harmful, disruptive or destructive files, code or programs that may harm FrontRunner, or the interests or property of OUR users;
- penetrate, circumvent or manipulate OUR servers, files, networks, or security measures, or harm, compromise, disrupt or negatively affect OUR property, fee structures, billing process, network connections, user access, , or which may be harmful to the interests or property of OUR users including the interests to be protected under OUR Privacy Policy.
LIABILITY AND WAIVER OF CLAIMS
YOU will not hold FrontRunner responsible for other user’s content, actions or inactions, or defects in the products YOU purchase from OUR vendors in connection with any fundraising event. YOU acknowledge that WE are not a traditional retail merchant. Instead, the SITE(s) is a venue to allow YOU to organize and administer a fundraising program or event. WE provide access and information regarding certain products, services and procedures that may have fundraising benefits or potential. While WE may receive some form of compensation or benefit from YOUR purchase or use of certain products or services, WE are not directly involved in any actual fundraising event and have no control over and do not guarantee the quality, safety or benefits of the products, services and tips available on or through the SITE(s). WE cannot guarantee continuous or secure access to OUR services, and operation of the SITE(s) may be interfered with by numerous factors outside of OUR control. WE are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of YOUR use of the SITE(s) and service. Some jurisdictions do not allow disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to YOU.
Regardless of the previous paragraph, if WE are found liable, our liability to YOU or any third party is limited to the greater of (a) the total subscription fee YOU paid to FrontRunner in the 12 months prior to the action giving rise to the liability, and (b) $100.
CANCELLATION AND TERMINATION
You may cancel at any time. YOUR access to the SITE(s) will remain in effect until you do. TO CANCEL: Contact OUR customer service agents at support@frontrunnerfundraising.com. WE reserve the right to terminate this Agreement and/or your access to the site at any time without notice.
REFUND POLICY
Revenues generated from the sale of products and services on or through the SITE are in the nature of donations from each Donor to the organization or group represented by the Team Leader. Revenues net of product costs, fees and commissions are transmitted to the fundraising organization immediately after processing and collection. As such, ALL PURCHASES ARE FINAL AND NO REFUNDS WILL BE PROCESSED except under the following conditions: (1) If the product ordered is not delivered as promised, or (2) to the extent a defect or condition of the product at time of delivery entitles the purchaser to a refund or exchange from a third party such as a manufacturer or distributor.
CREDIT CARD FRAUD AND FRAUD RESOLTUTION
FrontRunner and its payment processing affiliates have a zero tolerance policy for fraudulent transactions, including the unauthorized use of credit card and bank account information in payment of subscription fees, products or services. WE will prosecute the fraudulent use of credit card and bank account information to the fullest extent of the law. In the event of the unauthorized or fraudulent use of YOUR credit card or bank account information in connection with access to or use of the SITE(s), YOU agree to assist FrontRunner in the timely and complete resolution of such claim, including the provision of other or additional credit card of bank account information for YOUR account, if applicable.
INTELLECTUAL PROPERTY
The materials and content posted or displayed on the SITE(s), to include all software programs, web designs and graphics, text or “tips”, editorial materials, photographs, illustrations, games, audio clips, video clips, short features, artwork, trade names, logos, trade marks and service marks, are the property of FrontRunner, its licensors and/or business affiliates, as provided under the copyright and trade mark laws of the United States, the Uniform Trade Secrets Act, and state law. WE reserve all rights granted under law. To facilitate YOUR use of OUR services, WE grant YOU a personal, non-exclusive, non-assignable and non-transferable license to use OUR content posted or displayed on the SITE(s) for YOUR noncommercial and personal use for so long as YOU are a paid subscriber. YOU shall not reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any of OUR content for any purpose other than in connection with a private fundraising program or event, and for no other purpose. This Section will survive the termination of YOUR right to use this SITE(s).
DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, FRONTRUNNER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS TO THE EXTENT LEGALLY PERMITTED.
INDEMNIFICATION
You agree to indemnify and hold harmless FrontRunner, its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) YOUR breach of this Agreement; and (b) YOUR use of the SITE(s). This provision shall survive the termination of YOUR right to use the SITE(s).
RELEASE
If YOU have a dispute with any vendor, contributor, other fund raiser or user, YOU release FrontRunner, its officers, directors, agents, members, managers, subsidiaries, joint ventures and employees, from claims demands and damages (actual and consequential) of every kind and nature, know or unknown, arising out of or in any way connected with such disputes. “A general release does not extent 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 to him must have materially affected his settlement with the debtor.”
DISPUTE RESOLUTION
All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to this Agreement or YOUR access to and use of the SITE(s) will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, YOU further agree, to the extent permitted by applicable laws, to waive any right YOU may have to commence or participate in any class action or class-wide arbitration against FrontRunner related to any Claim arising out of this Agreement. This provision shall survive the termination of YOUR right to use this SITE(s).
GOVERNING LAW
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of laws provisions.
GENERAL
The terms and conditions set forth in this User Agreement and the Privacy Policy constitute the entire agreement between YOU and FrontRunner with respect to YOUR subscription access and use of the SITE(s) or OUR services. This Agreement shall supersede all prior agreements, understandings and representations. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remaining provisions of this Agreement.
NOTICES: CONSENT TO ELECTRONIC COMMUNICATIONS
YOU consent to receive notices and other communication from FrontRunner electronically, either by e-mail or by notices posted on the SITE(s). YOU agree that any requirement that a notice, disclosure, agreement, or other communication be sent to YOU by FrontRunner in writing is satisfied by such electronic communication. YOU agree that FrontRunner may send YOU e-mails which include notices about YOUR account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of YOUR subscription membership and YOUR relationship with FrontRunner.
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