Website Terms and Conditions of Use of Service
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.
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.
Treasured Memories provides the Services, including acting as your agent, for a Free. Treasured Memories’ fee is charged to each Donor based on the amount of its Donation. Our fee is five percent (5%) of the amount of a Donor’s Donation (“Fee”). In addition 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 and the Service Charge is in addition to the amount of any Donation. For example, if a Donor donate 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 Fee and the Service Charge.
We reserve the right to change the 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
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.
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 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.
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
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.
Creation of Account
Establishing of Fundraiser
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.
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.
Treasured Memories has established standards for those Fundraiser’s that use the Services and those standards may be amended from time to time.
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.
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.
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.
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.
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.
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).
Governing Law and Jurisdiction
Waiver and Severability
Entire Agreement and Assignment
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 14th 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 [email protected].
Last Modified: January 20, 2016