Terms of Use – Treasured Memories Community Funding

Website Terms and Conditions of Use of Service

Martin Steadfast Agency dba Treasured Memories Funding, LLC (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Treasured Memories,” “Company”, “we,” or “us”) provides its services (as described below) to You through its website, tmcfunding.com (“Website”), and all amenities associated with the Website and other related services (collectively, all such services, including any new features and applications, and the Website, the “Services”) subject to the following conditions, terms and agreements (including those agreements, documents, and policies (including the Privacy Policy) incorporated by reference), as each may be amended from time to time (“Terms of Use”). Treasured Memories reserves the right, at its sole discretion, to amend the Terms of Use at any time. In the event of a change to the Terms of Use, Treasured Memories will post the changes on this page of the Website and indicate on this page the date that the Terms of Use were last revised. You are expected to check this page so that You are aware of any changes, as they are binding on You.

Please read the Terms of Use carefully before You access, use, or attempt to interact with the Website. By accessing and/ or using, and/ or continuing to access and/ or use the Website or by clicking the “I Agree” or similar button when this option is made available to You, You acknowledge that you have read, understand, accept and agree to be legally bound, adhere and abide by the Terms of Use. If You do not agree to the Terms of Use, You must not access or use the Services, including the Website. This is a legally binding agreement between Treasured Memories and You.

The Services are offered and available to users who are 18 years of age or older and reside in the United States of America. By using the Services, including the Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

By using the Services, including the Website, You represent, warrant and covenant that Your use of the Services does not and are not intended to violate the Terms of Use or any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud, and that information You provide Treasured Memories shall be truthful and complete.

If You do not meet all of the requirements included in the Terms of Use, or any of your representations are not true or You are in violation of any the Terms of Use, You must not access or use the Services, including the Website.

SERVICES

Treasured Memories offers: (i) registered users (each individually a “Organizer”) the ability to create fundraising campaigns to solicit donations for that cause named in a fundraising campaign (each a “Fundraiser”), (ii) Organizers the ability to receive donations for a Fundraiser (“Donations”), and (iii) visitors to the Website the ability to: (a) review the Fundraiser, (b) make Donations, and (iii) use the Services. Those visitors that make Donations are “Donors”. Organizers, Donors, and visitors to the Website are each, and collectively, referred to in the Terms of Use as “You” or “User”.

In addition to the other offerings included herein, Treasured Memories, as your agent and on your behalf, will, in accordance with the Terms of Use: (i) arrange for the processing of Donations, (ii) receive Donations, (iii) consolidate and hold Donations, and (iv) remit, transfer, and/ or pay over Donations to the designated beneficiaries (“Beneficiary”).

Treasured Memories is a for-profit enterprise. Treasured Memories is not a professional charitable solicitor and therefore has not registered as such with any state or the United States federal government.

Treasured Memories is not a charity and Donations are not tax deductible. You acknowledge and agree that Donations are not deductible for United States federal, state or local income tax purposes. Treasured Memories makes no representation to You about the deductibility of any Donation. Treasured Memories does not assume any responsibility to communicate with You or arrange for your receipt of any evidence that a Donation is made to a charity, as defined by the Code. However, in certain circumstances, if a Donation is made and the Beneficiary, or a portion thereof is a charity, as defined by Section 501(c)3 of the Internal Revenue of 1986, as amended (“Code”), such charity may provide You with evidence to support your claiming a tax deduction on your United States federal, state or local income tax return.

Treasured Memories makes no representations regarding the federal or state income tax implications of any transaction that a User may make while using the Services. By using the Services, You represent and agree that Treasured Memories has not provided You with any financial advice and You further agree to consult with your own legal or tax professional for any positions that You may elect regarding your interaction with the Service.

FEES

Treasured Memories provides the Services, including acting as your agent, for no cost. Like most credit and debit transactions online, there is a charge of two and 9/10 percent (2.9%) of the amount of a Donor’s Donation payment processing fee for each Donation (“Service Charge”). The Fee and the Service Charge is collected from the Donor at the time that a Donor makes its Donation. The Fee Service Charge is in addition to the amount of any Donation. For example, if a Donor donates Ten and 00/100 Dollars ($10.00) to a Fundraiser, the Donor will be charged Ten and 79/100 Dollars ($10.79). Ten and 00/100 Dollars ($10.00) will be credited to the Fundraiser and 79/100 Dollars ($0.79) will be paid to Treasured Memories for the Service Charge.
We reserve the right to change any fee and the Service Charge from time to time.
By using the Services, You acknowledge the Fee and the Service Charge and agree to the assessment of each of these fees. In addition, You agree to Treasured Memories acting as your agent as outlined above.

TERMS AND CONDITIONS OF USE

YOUR ACCESSING THE SERVICES, WEBSITE, AND ACCOUNT SECURITY

The Services are an administrative platform only. Treasured Memories facilitates the posting of Fundraisers and the making and receiving of Donations, but is not a party to any agreement between an Organizer and a Donor, or between any user and Beneficiary. Treasured Memories is not a broker, agent, financial institution, creditor or insurer for any User. Treasured Memories makes no representation of warranties about a Users success from using the Services and Treasured Memories hereby disclaims all liability in this regard. Treasured Memories makes no representation about a Users ability to obtain contributions or access to donors and Treasured Memories hereby disclaims all liability in this regard. Treasured Memories has no control over the conduct of, or any information provided by an Organizer, Donor, or Beneficiary, and Treasured Memories hereby disclaims all liability in this regard.

We reserve the right to withdraw or amend the Services, including the Website, and any service or material we provide on the Website, in our sole and absolute discretion without notice. We will not be liable if, for any reason, all or any part of the Services and/ or the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including Organizers.

Treasured Memories has established and may amend from time to time general practices and limits concerning the use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted to a Fundraiser. You acknowledge the above and agree that Treasured Memories has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Website or used by the Services. You acknowledge that Treasured Memories reserves the right to terminate accounts, Fundraiser, or Users.

You further acknowledge that Treasured Memories reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Third Parties, Third Party Sites and Third Party Links

Treasured Memories may provide You access to third parties, third parties’ sites, and/ or links to third parties (collectively “Linked Sites”). Linked Sites do not constitute an endorsement by or association with Treasured Memories. Treasured Memories make no representations regarding these Linked Sites. Certain aspects of our Services may require You to register with (and agree to their terms of use) third party service providers (e.g., payment processors) in order to utilize the Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships between You and a third party and disclaim any responsibility or liability for the performance by such third parties. We may exchange information, and You agree to our exchange of information, with such third party services in order to facilitate the provision of Services (and related third party services). You should direct any concerns regarding any Linked Site to such Linked Site’s site administrator or webmaster. Treasured Memories does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site is at your sole risk.

User Contribution

The Services, including the Website, contains interactive features that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “post”) Causes, content and materials (collectively, “User Contributions”) on or through the Website.

All Fundraisers and User Contributions must comply with the Content Standards set out in the Terms of Use. Any User Contribution that You post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

By posting any User Contribution You hereby grant and will grant Treasured Memories and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Contribution in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Contribution contains your name, image or likeness, you hereby release and hold harmless Treasured Memories and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Contribution, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Contribution (including your name, image or likeness). Further, if any person (other than you) appears in your User Contribution, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Treasured Memories in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Contribution is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Treasured Memories exploitation thereof), and that the sole consideration for of this agreement is the opportunity to use the Services.

You further represent and warrant that (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and (b) your Fundraiser and all of your User Contributions do and will comply with the Terms of Use.

You understand and acknowledge that You are responsible for any Fundraiser and User Contributions You submit or contribute, and You, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any Fundraiser or User Contributions posted by You or any other user of the Website.

Content Standards

Treasured Memories has established and may amend from time to time content standards. These content standards apply to any and all Users. Users, including Fundraisers, must comply with all applicable federal, state and local laws and regulations. Without limiting the foregoing, User Contribution must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Policy, (e) be likely to deceive any person, (f) promote any illegal activity, or advocate, promote or assist any unlawful act, (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person, (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization, (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, or (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Treasured Memories reserves the right to investigate by any means, and take appropriate action against anyone who, in Treasured Memories’ sole discretion, violates any of the terms or spirit of the Terms of Use, including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any Fundraiser, freezing donated funds, and reporting You to the law enforcement authorities or otherwise taking appropriate legal action.

By using the Services, You acknowledge Treasured Memories exclusive rights to establish standards of conduct for accessing and using the Services and agree to abide by those standards established by Treasured Memories.

Reliance on Information

We do not warrant the accuracy, completeness or usefulness of any Fundraiser or User Contributions. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other Users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to You or any third party for the content or accuracy of any materials provided by any third parties.

Monitoring, Enforcement, and Termination

Treasured Memories has the right to (a) remove any User for any or no reason in our sole discretion, (b) take any action with respect to any User that we deem necessary or appropriate in our sole discretion, including if we believe that such User violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any User or the public or could create liability for Treasured Memories, (c) disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy, (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, and (e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms of Use.

Without limiting the foregoing, You agree that we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS TREASURED MEMORIES AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review material, including review for possible intellectual property violations, before it is posted on the Website, and cannot ensure prompt removal of inappropriate, objectionable, unauthorized, or improper material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

By using the Services, You acknowledge Treasured Memories exclusive rights to monitoring and enforcing the Terms of Use and agree to abide by the Terms of Use, including our rights to monitor, enforce and/ or terminate a User.

Creation of Account

To access the Services, including the Website, You may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information You provide is correct, current and complete. You agree that all information You provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Terms of Use, and You consent to all actions we take with respect to your information consistent with the Terms of Use and our Privacy Policy.

If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree that You are responsible for (i) the confidentiality of your password and all account information, and (ii) all activity that occurs under your password or account. Treasured Memories is not liable for any loss or damage arising from your failure to comply with this section and the Terms of Use.

We have the right to disable any user name, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of the Terms of Use.

By using the Services, You acknowledge Treasured Memories exclusive rights to establish the criteria for creating an account and agree to abide by the Terms of Use, including Our rights to establish the criteria for creating an account.

Establishing of Fundraiser

To access the Services, including the Website, and establishing a Fundraiser You may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information You provide is correct, current and complete. You agree that all information You provide, including but not limited to through the use of any interactive features on the Website, is governed by the Terms of Use, and You consent to all actions we take with respect to your information consistent with the Terms of Use and our Privacy Policy.

Further, You, as Organizer, represent, warrant, and covenant that (i) all information You provide in connection with a Fundraiser is accurate, complete, and not otherwise designed to mislead, defraud or deceive any User; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that You post; (iii) You will comply with all relevant local, state, and federal laws applicable to You when You solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your Fundraiser; and (iv) You agree and ratify the User Contribution guidelines, agreements, representations, and warranties.

The Organizer is solely responsible for all Fundraiser descriptions, comments, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that is upload, post, publish or display or transmit or otherwise used by the Services. As such this information is governed by the Terms of Use and specifically the Content Standards and User Contribution sections.

Treasured Memories does not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We expressly disclaim any liability or responsibility for the success of any Fundraiser, or the outcome of any Fundraiser.

Handling of Donations

In establishing the Fundraiser the User shall identify how Donations, if any, shall be disbursed. All disbursements must be made to individuals, which shall include organizations, in the United States of America. If the disbursements directed by an Organizer’s identification of Beneficiaries is insufficient to fully disburse all Donations then such excess shall be disbursed by Treasured Memories to the Organizer of that Fundraiser, provided that the Organizer is in the United States of America. All disbursements shall be made as soon as reasonably possible, as determined exclusively by Treasured Memories, after a Fundraiser closes. In the event that a disbursement may not be made as identified by the Organizer, Treasured Memories will make reasonable efforts to ascertain from the Organizer a valid alternative recipient. However, if no valid alternative recipient is identified within thirty (30) days after the first attempt to disburse a Donation from a closed Fundraiser, Treasured Memories shall disburse the Donations to a tax exempt charity of its election.

While establishing the Fundraiser the Organizer shall identify each Beneficiary. The Organizer is fully responsible for the proper identification of each Beneficiary including providing the Beneficiary’s proper and unique identification and contact information. The Organizer warrants to Treasured Memories that the Beneficiary is able to receive any funds from the Fundraiser and its receipt will not be in violation of any agreements or laws. We make no independent inquiry into the identification of a Beneficiary. By providing Treasured Memories with the names and account information of beneficiaries to whom You wish to direct payments, you authorize the Treasured Memories to follow the disbursement instructions, to the extent that funds are available, that it receives through the Services. In order to process payments more efficiently and effectively, the Treasured Memories may edit or alter payment data or data formats in accordance with Organizer’s directives.

If one of the Beneficiaries is a funeral home the Organizer, shall specifically identify the funeral home. By identifying the funeral home the Organizer grants Treasured Memories the right and authority to contact funeral home and to obtain from it the total amount due to the funeral home (“Remaining Funeral Costs”). The Organizer, by identifying the funeral home represents and warrants to Treasured Memories that it has the right to grant Treasured Memories the right and authority to contact the funeral home and to obtain the Remaining Funeral Costs.

We shall disburse all Donations received in a Fundraiser as soon as reasonably possible, as determined by Treasured Memories, after a Fundraiser closes. Donations will be disbursed, to the extent available, in the following order:

First, pay, to the extend that there are Donations available, any Remaining Funeral Costs;

Next, if there are any Donations remaining after the payment of pay the Remaining Funeral Costs, pay those individuals (including organizations) and in that order and amount identified by the Organizer while establishing of the Fundraiser, in the order indicated by the Organizer, to the extent that (i) an individual is identified and reasonably locatable, and (ii) a distribution amount is identified; and

Finally, any remaining Donations shall be paid to the Organizer.

Treasured Memories will use its best efforts to make all disbursements properly. However, Treasured Memories shall incur no liability and direction to make disbursement shall be void if Treasured Memories is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

If, through no fault of Treasured Memories, your Fundraiser does not contain sufficient funds to complete the transaction;
The Beneficiary mishandles or delays a payment sent by Treasured Memories;
You have not provided Treasured Memories with the correct beneficiary information, or the correct name, address, phone number, or account information for the Beneficiary; and/or,
Circumstances beyond the control of Treasured Memories (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and Treasured Memories has taken reasonable precautions to avoid those circumstances.

You agree that all Donations will be held for the benefit of the Fundraiser’s beneficiaries by Treasured Memories and be accounted for separately by each Fundraiser. Treasured Memories may, but is not required to, upon its receipt of the Donation from the payment processor, deposit the Donations into separate bank accounts at banks or credit units insured by either the Federal Deposit Insurance Corporation or the National Credit Union Insurance Fund, respectively.

Treasured Memories reserves the right to select the method in which to remit funds on your behalf to beneficiaries. These payment methods may include, but may not be limited to, an ACH Debit, an electronic to check payment, or a direct check or a laser draft payment (funds remitted to a beneficiary are deducted from the Fundraiser when the laser draft is presented to your financial institution for payment). You agree that Treasured Memories may and hereby authorize, unless You elect to be anonymous, to disclose to the beneficiary Your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses.

Payments to beneficiaries outside of the United States of America or its territories are prohibited through the Services.

The Donations are not assets of Treasured Memories and shall be maintained separately from Treasured Memories assets.

By using the Services, You acknowledge and agree to Treasured Memories’ manner of handling of the Donations as outlined above.

Fundraiser Guidelines

Treasured Memories has established standards for those Fundraiser’s that use the Services and those standards may be amended from time to time.

Each Fundraiser will automatically end thirty (30) days after it has been posted on the Services, including the Website. As such, the Fundraiser shall then be deemed closed and no further Donations may be received and there shall be no further User Content added to the Fundraiser. We will disburse, in accordance with the Terms of Use, the Donation, less applicable fees, as soon as reasonably possible, in Treasured Memories sole discretion, after the Fundraiser ends. The recipient of a Donations is solely responsible for all applicable taxes for funds raised through the Services.

You agree that You will use all funds solely for the purpose stated in the Fundraiser and under no circumstances may You use the funds for any other purpose.

You may use the Services, including the Website, and the services that we offer only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Services, including the Website, (a) in any way that violates any applicable federal, state, local or international law or regulation, (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in the Terms of Use, (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation, (e) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, including the Website, or which, as determined by us, may harm the Company or users of the Services, including the Website, or expose them to liability.

Additionally, You agree not to (a) use the Services, including the Website, in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including the Website, including their ability to engage in real time activities through the Services, including the Website, (b) use any robot, spider or other automatic device, process or means to access the Services, including the Website, for any purpose, including monitoring or copying any of the material on the Website, (c) use any device, software or routine that interferes with the proper working of the Services, including the Website, (d) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (e) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, including the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, (f) attack the Website via a denial-of-service attack or a distributed denial-of-service attack, or (g) otherwise attempt to interfere with the proper working of the Services, including the Website.

By using the Services, You acknowledge Treasured Memories exclusive rights to establish the criteria for establishing a Fundraiser and agree to abide by the Terms of Use, including our rights to establish the criteria for establishing a Fundraiser.

Donations

Treasured Memories does not and cannot verify the information that Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by an Organizer. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Organizer. Treasured Memories has no obligation to verify that the use of any funds raised nor that the raising of the funds is in accordance with applicable law and the Terms of Use.

Treasured Memories does not personally endorse any User or Fundraiser, and we make no guarantee, explicit or implied, that any information provided through the Services by a User is accurate. Each User must make the final determination as to the value and appropriateness of contributing to any Fundraiser or Organizer.

If You elect to make a Donation, You do so at your own risk. We do not make any representations or warranties regarding (a) the accuracy of any Fundraiser or User Content, (b) the intended use of any Donations, (c) whether the Beneficiary of a Fundraiser will use the funds in the manner specified in the Fundraiser, or (d) whether a Donation made is tax deductible.

Donations may not be specifically designated other than to a specific Fundraiser.

As a Donor, You have the option to publicly display for all to see, including on search engines, such as Google and Yahoo, your Donation and any other details about You and/ or your Donation. To keep the details of your Donation private, simply click the “Private” 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. Notwithstanding the preceding, by making a Donation, You authorize Treasured Memories to report and disclose your Donation to those parties that Treasured Memories deems appropriate for whatever reason it deems appropriate in it sole discretion. By using the Services, You agree to Treasured Memories disclosure of your Donation.

In order to contribute to a Fundraiser, a Donor will be required to make the Donation by using a Untied States of America issued Visa or MasterCard credit card, or debit card issued by or through a financial institution located in the U.S. (“Bank Card”). As such, a Donor will be required to provide Treasured Memories information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to Treasured Memories that such information is true and that you are authorized to use the payment instrument. The total due (the amount of the Donation plus the Fee and the Service Charge) is payable before we, or are third party payment processor, processes the transaction. If We do not receive authorization from the Bank Card issuer the Donation will not be processed and Donation will not be made to the Fundraiser. Each time You use your Bank Card to make a Donation and pay the Fee and Service Charge for the Services, You agree that we are authorized to charge Your designated Bank Card or applicable account for the total of the Donation plus the Fee and the Service Charge.

Donors acknowledge that by making a Donation to a Fundraiser, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to the Terms of Service.

INTELLECTUAL PROPERTY RIGHTS

The Services, including the Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Treasured Memories, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not (a) modify copies of any materials from this site, (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Any use of the Services, including the Website, not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark and other laws.

The Company name, the term TREASURED MEMORIES and the Company’s logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

If You believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the accounts of any repeat infringers.

USER REPRESENTATIONS

By registering to use the Services, become an Organizer, and/or posting a Fundraiser to the Website, You represent and warrant that (a) You are 18 years of age or older, (b) all information that You provide to the Company is at all times true, complete and accurate, (c) You, to the extent that you are an Organizer, are raising money for a cause or activity that is legal under applicable federal, state and local laws and regulations, (d) Your Use of the Services, including the Website, does not violate the Terms of Use or any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud, (e)You, to the extent that you are an Organizer, are not establishing the Fundraiser to avoid any legal obligation, agreement, order or law, (f) You, to the extent that you are an Organizer, will use all donated funds solely for the purpose stated in your Fundraiser, and (g) will disclose any Donation as may be required by law.

By donating to a Fundraiser, You represent and warrant that (a) You are 18 years of age or older, (b) all information that You provide to the Company is at all times true, complete and accurate, (c) You are not making a Donation to avoid any agreement, order or law, (d) Your Donation does not violate the Terms of Use or any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud, and (e) You will disclose any Donations as may be required by law.

PRIVACY

All information we collect by your from using the Services, including the Website, is subject to our Privacy Policy. Treasured Memories may disclose Your personal information to third parties as explained in the Privacy Policy. Information disclosed may include Your financial background, Your contact information, Your identification, information about Your transactions with us and other information relating to financial matters. Recipients may include financial institutions, retailers, our service providers, government agencies and direct marketers. By using the Services, including the Website, You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, CAMPAIGN OR USER CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, ANY SERVICES OBTAINED THROUGH THE WEBSITE, USER CONTENT OR CAMPAIGN WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TREASURED MEMORIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL TREASURED MEMORIES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, ANY FUNDRAISER OR ANY USER CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTWITHSTANDING THE ABOVE, IN NO EVENT WILL TREASURED MEMORIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TREASURED MEMORIES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED and 00/100 DOLLARS ($100.00).

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Treasured Memories, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of Services, including the Website, including, but not limited to, your Fundraiser, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in the Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Services, including the Website, and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, the Terms of Use or the Website shall be instituted exclusively in the United States District Court for the Eastern District of Virginia, Norfolk Division or the courts of the Commonwealth of Virginia located in the City of Virginia Beach. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert or enforce a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement and Assignment

The Terms of Use, our Privacy Policy and our Copyright Notice constitute the sole and entire agreement between You and Treasured Memories with respect to the Services, including the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services, including the Website, and may not be modified orally.

You may not assign this agreement or any right that You may possess hereby to any other party. Subject to applicable law, Treasured Memories may assign this Agreement to a third party without Your consent. Treasured Memories may also assign or delegate certain of its rights and responsibilities under this agreement to independent contractors or other third parties.

You agree that no joint venture, partnership, employment, or agency relationship is intended or exists between You and Treasured Memories as a result of this Agreement.

Your Comments and Concerns

This Website is operated by Treasured Memories Funding, 74 14^th Street, Wheeling, WV 26003.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@tmcfunding.com.

Last Modified: January 20, 2016

Subscribe To Our Newsletter

You have Successfully Subscribed!