Beverley Joan Gushie (Seymour)
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Beverley's Tribute Fund
Beverley's Tribute Fund
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN). By using this Website, you signify your acknowledgment and agreement to these Terms and Conditions. If you do not agree with these Terms and Conditions, DO NOT use this Website (as defined herein).
These Terms and Conditions govern the use of the Book Of Memories websites (the "Website") and other services (collectively the "Services"). FrontRunner Professional ("Company," "we," "us," "our") reserves the right in our sole discretion to change, amend or modify (the "changes") all or part of these Terms and Conditions at any time and from time to time for any reason. Any changes to these Terms and Conditions will be noted by indicating the date these Terms and Conditions were last made. Any changes will become effective no earlier than fourteen (14) days after they are posted; provided, however, that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your use or continued use of the Services after the date any such changes become effective shall constitute your express acceptance of the Terms and Conditions as changed, amended or modified.
Eligibility: Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years of age; provided, however, that such parent or legal guardian agrees to be bound by these Terms and Conditions, and agrees to be responsible for such use of the Services. Company reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Donation, or the Services at any time for any reason without liability.
Definitions: In these Terms and Conditions "Campaign Organizers" means those raising funds, and "Campaigns" as their fundraising campaigns. Additionally, "Donors" means those contributing funds, and "Donations" as the funds they contribute. Campaign Organizers, Donors and other visitors to the Services are referred to collectively as "Users". The term "Campaign Organizers" shall also be deemed to include any individual(s) designated as a beneficiary of Campaigns.
Services: The Services are offered as a platform (the "Platform") to Users of the Services. Among other features, the Services are designed to allow Campaign Organizers to post Campaigns to the Platform to accept Donations from Donors. Although there are no fees to set up Campaigns, a portion of each Donation will be charged as fees for our Services and those of our third party payment processors. Company reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance thereof. The Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about use of the Services may be communicated to us.
Charitable Giving: Campaigns are not charities to which you can make tax-deductible charitable contributions. Any Donation you make through the Platform may be processed by an unaffiliated business partner for which a processing fee (in addition to our FrontRunner Professional Fee) is deducted. You understand, acknowledge and agree that Company is not a charity, and Company does not solicit charitable donations for itself or for any third-party charitable institution. Company is merely acting as a payment facilitator for any Donations.
Administrative Platform Only: The Services are an administrative platform only. The Company is merely acting as a payment facilitator for any Donations between Campaign Organizers and Donors, and is not a party to any agreement between Campaign Organizers and Donors. Company is not a broker, agent, financial institution, creditor or insurer for any user. Company has no control over the conduct of, or any information provided by Campaign Organizers, and Company hereby disclaims all liability in this regard. We expressly disclaim any liability or responsibility for the success or outcome of any Campaign. Donors must in their sole discretion make the final determination of making Donations to any Campaigns. Donors are solely responsible for asking questions and investigating Campaign Organizers and Campaigns to the extent they feel is necessary before making a Contribution. All Donations are made voluntarily and at the sole discretion and risk of Donors. Company does not guarantee that Donations will be used as promised. Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, or legality of any Campaign. Donors are solely responsible for determining how to treat their Donations for tax purposes.
No Verification of Campaign Information: We do not verify the information that Campaign Organizers supply, and do not guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by Campaign Organizers. We disclaim and assume no responsibility to verify whether the Donations are used in accordance with any applicable laws.
Your Registration Obligations: You may be required to register with Company in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Campaign Organizers must register using their true identities, including their name and any image purporting to depict the Campaign Organizer. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with (and agree to the terms of) third party service providers (e.g., payment processors or charitable donation processors) in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third party services in order to facilitate the provision of Services (and related third party services).
Public Display of Donations: Donors have the option to publicly display their Donations for public viewing or allow their information to be provided to the Campaign beneficiary(ies). To keep the details of your Donation private, simply click the appropriate 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.
Payment of Donations: In order to contribute to a Campaign, Donors will be required to provide Company information regarding its credit card (i.e., VISA, MasterCard, Discover or American Express) or other payment method. Donors represent and warrant to Company that such information is true and that Donors are authorized to use the credit card or payment method. Donors agree that a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded. Donors agree to promptly update account information with any changes that may occur and to pay the Donation amount that you specify. Donors hereby authorize Company to bill Donors' credit cards and payment methods in advance on a periodic basis until Donors terminate periodic payments through the Platform.
Fees: Company does not charge Campaign Organizers any upfront fees for Campaigns. Company retains a portion of each Donation contributed to Campaigns in the amount of four percent (4%) ("FrontRunner Professional Fee"). A portion of the Donation is payable to our third party payment processors ("Processing Fee"). Donors acknowledge that by contributing Donations to Campaigns, Donors are agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms and Conditions. The portion of each Donation payable to and retained by our third party payment processors are:
• US Users ONLY: Third party payment processor charges a fee of 2.9% AND $0.30 per donation for VISA, MasterCard or Discover cards or 3.4% AND $0.30 per donation for American Express cards.
• CA Users ONLY: Third party payment processor charges a fee of 2.9% AND $0.30 per donation for VISA, MasterCard or Discover cards or 3.4% AND $0.30 per donation for American Express cards.
All Tribute Pay Fees and Processing Fees ("Fees") are deducted directly from each Donation and are not reflected in the amount which Campaign Organizers can withdraw from the Campaign. We reserve the right to change any of the Fees from time to time. If we change any of the Fees, we will provide notice of the change on the Website or otherwise, at our option, at least fourteen (14) days before the change is to take effect. Your continued use of the Services after the change in any of the Fees becomes effective constitutes your acceptance of the new Fees.
Indemnification: You agree to release, indemnify and hold Company and its affiliates and their owners, officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, causes of action, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, your violation of these Terms and Conditions or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND 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 BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR". To the extent you are a resident of another jurisdiction, you waive any comparable statute or doctrine
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, THE REMITTANCE OF ANY DONATION OR PORTION THEREOF TO THE BENEFICIARY OF ANY CAMPAIGNS, OR THE QUALITY OF ANY SERVICES.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, BUT IN NO EVENT MORE THAN ONE HUNDRED DOLLARS ($100).
EXCLUSIONS: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
DISPUTE RESOLUTION - ARBITRATION (READ CAREFULLY): You agree to arbitrate all disputes and claims between you and Company (including our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns). Notwithstanding the foregoing, either party may bring an individual action in small claims court. Notice of Dispute ("Notice"). The Notice to Company should be sent to 2501 Parmenter Street, Suite 300A, Middleton, WI 53562, Attn: President, with a copy by email to support@tributepayments.com ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within sixty (60) days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms and Conditions, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms and Conditions. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Company and you agree otherwise, any arbitration hearings will take place in Chicago, Illinois. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Introduction
BOOKOFMEMORIES.COM, including mobile applications and related services (collectively the “Site”) is fully owned and operated by FrontRunner Professional, (the “Company,” “we,” “us,” “our”). Company takes your privacy seriously. We feel it is important that you fully understand the terms and conditions under which we use the information we gather from you through the use of our Site. Please read this Privacy Policy ("Policy") carefully to understand how we will use and protect your Personal Information. We will not share your Personal Information with anyone except as described in this Policy. Changes to this Policy will be announced on our Site, so please check back periodically. This Policy forms part of the Company’s TERMS AND CONDITIONS and is incorporated by reference to those Terms and Conditions.
This Policy outlines Company’s general policies and practices for protecting your private information on this Site. It covers why Company collects information, the types of information it gathers, how it uses such information, and the notice and choice affected individuals have regarding Company’s use of and their ability to correct their information. This Policy applies to all personal information received by Company whether in electronic, written, or verbal format.
Company reserves the right to modify this Policy at any time and will do so from time to time. Each modification shall be effective upon its posting to the Site. Your continued use of the Site following any such modification constitutes your acceptance of any change(s) to this Policy. It is therefore important that you review this Policy regularly. If you have any questions concerning this Policy please contact Company at support@frontrunner360.com.
1. Scope
This Policy covers the Site in part and as a whole. However, it does not apply to entities that Company does not own or control, including without limitation, Campaign, advertisers or developers of content. Company may include third-party links on the Site. These third-party sites are governed by their own privacy policies and NOT this Policy. Company therefore has no responsibility or liability for the content and activities of these third-party sites. Please check the privacy policy of any third-party site you interact with on or off the Site.
2. General Policy Provisions
Definitions
“Personal Information” includes both “Personally Identifiable Information” and “Non-Personally Identifiable Information”.
"Personally Identifiable Information" refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information is requested when you register with us, make a Donation, correspond with us, or otherwise volunteer information, for instance, through the use of "Contact Us". Personally Identifiable Information may include, without limitation, your name, mailing address, telephone number, e-mail address, credit card number, and other identification and contact information.
"Non-Personally Identifiable Information" refers to information that does not identify a specific individual by itself or in combination with other information. We gather certain information about you based upon what you view on our Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Site’s Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web (‘Web”). An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop
“Sensitive Personal Information” means Personal Information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.
Notice
Company shall inform you of the purposes for which it collects and uses Personal Information and the types of non-agent third parties to which Company discloses or may disclose that information. Company shall provide you with the choice and means for limiting the use and disclosure of your Personal Information. Notice will be provided in clear and conspicuous language when you are first asked to provide Personal Information to Company, or as soon as practicable thereafter. In any event, you will receive notice before Company uses or discloses the information for a purpose other than that for which it was originally collected.
Choice
Company will offer you the opportunity to choose (opt-out) whether Personal Information is to be disclosed to a third party or to be used for a purpose other than that for which it was originally collected or has subsequently been authorized. For Sensitive Personal Information (when applicable), Company will give you the opportunity to affirmatively or explicitly consent (opt-in) to the disclosure of the information for a purpose other than that for which it was originally collected or has subsequently been authorized. Company will treat Sensitive Personal Information it receives from anyone the same as it would treat its own Sensitive Personal Information.
Security
Company shall take reasonable steps to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. No company is immune from Internet attacks or data breaches. Company cannot guarantee the security of information on or transmitted via the Internet.
Data Integrity
Company shall only process Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or has been authorized. To the extent necessary for those purposes, Company shall take reasonable steps to ensure that Personal Information is accurate, complete, current, and reliable for its intended use.
How to Access Your Information
Company offers you choices for the collection, use and sharing of Personal Information. You may notify Company of your preferences, or change any Personal Information, by emailing support@frontrunner360.com. Please be sure to provide complete account information so Company can identify you in its records.
You may also stop the delivery of future promotional e-mail from Company by responding directly to any email you receive with a request to remove you from the mailing list.
3.Reasons the Company Collects Personal Information
Company collects your Personal Information because it helps deliver a superior online experience, gives you convenient access to the Site for browsing, and allows key features of the Site to function properly. In order to better provide you with this superior level of customer service, our Site collects two types of information (referred to in this policy as "Personal Information") about our visitors: Personally Identifiable Information and Non-Personally Identifiable Information. In addition, your Personal Information helps Company keep you informed about the latest announcements, special offers, and events that you might like to hear about.
4. Information Company Collects About You
Any time a guest or member (collectively “Users”) accesses the Site they receive a “cookie” from Company. Company uses cookies (small pieces of data stored for an extended period of time on a computer, mobile phone, or other device) to make the Site easier to use and to protect both you and Company. These cookies give Company certain Non-Personally Identifiable Information about your use of the Site. You may remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use the Site. Company may also use pixels, widgets and other tools to gather such Non-Personally Identifiable Information to improve the experience of the website or mobile application.
Company may contract with third-party service providers to assist it in better understanding its Site Users. These service providers are not permitted to use the Non-Personally Identifiable Information collected on Company’s behalf except to help it conduct and improve its business.
When you access the Site from a computer, mobile phone, or other device, Company may collect Non-Personally Identifiable Information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about the user base as a whole. Company will not use the information collected to market directly to that person.
Company keeps track of some of the actions you take on the Site such as member profiles and pages you view. Even if you do not provide certain information, Company may obtain it from you profile or the pages of its Site that you visit. Company may retain the details of connections or transactions you make on the Site.
5. Information You Provide to Company
To become a User, Company shall collect certain Personally Identifiable Information, which you are required to provide. Information that is not required shall be deemed voluntary and you may provide such information, although not mandatory.
While using the Site, you may provide text, files, images, photos, videos, location data, or any other materials (collectively “Content”) to Company by uploading, posting, or publishing the Content on the Site. Frequently, Content you place on the Site will contain a picture of your face. Company may retain the details of connections or transactions you make on the Site.
Where applicable, when you interact with other Users on the Site, you may provide other information about yourself, such as political or topical views, religious affiliation, or marital status. Any information in a public forum is accessible by anyone, including people who are not members of the Site. Please be aware they may share information you give them with other Users you may not know. They may also share the information outside the Site without your prior approval. Company does not have control over the actions of its Users and accepts no responsibility or liability for their actions. Please keep this fact in mind when using the Site, and use care when disclosing Personal Information to other Users of the Site.
Company may also collect information from ads you click on when using the Site. Company may also keep track of links you click on in e-mails you receive from Company. This is done to increase the relevancy of the ads you see.
6. How Company Uses Your Personal Information
Company uses the information you are required to provide to become a User in order to insure you are over the age of thirteen (13). THE SITE IS NOT MEANT TO BE USED BY ANYONE UNDER THE AGE OF THIRTEEN (13). If you are under thirteen, please do not attempt to register with the Site or send Company any Personal Information. Company may also use your age information to be sure you receive an age appropriate experience while using the Site.
Company will use the information it collects to provide, without limitation, services and features to you and facilitate payment for any Donations between Campaign Organizers and Donors and provide information to Campaign Organizers and Campaign beneficiaries. Company will also use the information to measure and improve the Site, and to provide you with customer support.
Company may contact you with new or updated products or services, designs, routes, surveys, or other related announcements from time to time. You may opt-out of all communications except essential updates. Company may include Content in the e-mails sent to you.
Certain software applications and applets transmit data to Company. Company may not make a formal disclosure if it believes its collection of and use of the information is the obvious purpose of the Site or its related application. If it is not obvious that Company is collecting or using such information, it will disclose its collection to you the first time you provide the information.
Company may use the information collected to prevent potential illegal activities. Company may also use a variety of methods to detect and address anomalous activity and screen content to prevent abuse.
Company may use your information to serve you personalized advertising. Company does not share your information with advertisers without your consent. Company allows advertisers to choose the characteristics of Users who will see their advertisements. Company may use any of the Non-Personally Identifiable Information it has collected in any fashion to select the appropriate audience. Company will not tell the advertiser who you are as part of this process. When you interact with an advertisement there is a possibility that you may receive a cookie from the advertiser.
7. How Company Shares Your Information
Company shares your Personal Information with third parties when it believes you have permitted such sharing, that it is reasonably necessary to offer services, or when legally required to do so. Company will not share your Personally Identifiable Information with third parties in a way that it thinks violates your privacy. The following non-exhaustive list contains examples of how Company shares or could share your information:
If Site allows you to invite a friend to join the Site or become a User, and you choose to do so, the invitation will contain information that will allow your friend to identify you. The invitation may contain information about other Users your friend might know.
Certain information you provide to Company may be shared by using the Site’s search function. This allows other Users to locate your profile and it allows new Users to find people they know on the Site.
Company provides some public information to search engines. This information allows search engines to locate the Site. It also allows people to locate you on the Site using a major search engine. This does not mean all information you post on the Site may be accessed using a search engine.
There are also times when Company may make certain Personal Information about you available to strategic partners or third parties. These companies may help Company process information, render services to you, manage and enhance customer data, provide customer service, assess your interest in products and services, or conduct research or satisfaction surveys. Without such information being made available, it would be difficult for you to use Company's Site and services.
Company may also share Personal Information when it has a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect itself and you from people violating the Terms and Conditions of the Site. This may include sharing information with other companies, lawyers, and courts or other government entities.
Company may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if it has a good faith belief that the law requires such a response. This may include requests from jurisdictions outside of the United States if Company has a good faith belief that the response is required by law under the local laws in that jurisdiction, is applicable to users from that jurisdiction, and is consistent with generally accepted international standards.
Company may disclose analyzed data in the form of purchasing trends or statistical data. No Personally Identifiable Information will be attached to this disclosure.
8. Business or Asset Transfer or Sale
Company may be sold, sell or buy businesses or assets of businesses, or merge with another business. In such transactions, Personal Information generally is one of the transferred business assets. Also, in the event that Company, a line of business of Company, or substantially all the assets of Company are transferred, Personal Information may well be one of the transferred assets. Company will make a reasonable effort to provide notice on the Site, and to notify you via e-mail to the most recent e-mail address that you have provided of any such change in ownership or control of your personal information.
9. Miscellaneous
Privacy of Children
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE SITE OR USE ITS SERVICES. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS ANY OF COMPANY’S SERVICES FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF COMPANY’S SITE AND SERVICES, NO INFORMATION OBTAINED BY COMPANY FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT MONITORED AS DOING SO.
Protecting children’s privacy is especially important to Company. Company does not knowingly collect Personal Information from children under 13, but because some information is collected electronically, it can appear to be the Personal Information of someone over the age of 13, and will be treated as such by this Policy. If a child under 13 submits Personal Information and Company learns that Personal Information pertains to a child under 13, it will attempt to delete the information as soon as possible. It is Company’s policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, Company restricts the Site and all other provided services to persons 18 years or older.
Agreement with Policy and Continued Use of Site
Unless stated otherwise, Company’s current Policy applies to all information that Company has about you, your account, and access to the Site. By using the Site, you consent to this Policy and having your Personal Information and data transferred and processed as described.
Obituary
They asked me if I wished to put in a blurb in our local newspaper for my mothers obituary. They wanted $350 to print a name and birthdate and death. To me thats not money spent wisely so right or wrong I declined. They did however say that they provide a website in which I am free to write my own version of what in my own words and opinion a real obituary should look like. Its difficult to surmise a persons life and legacy in simple pen and ink. A life filled with memories (some good and some not so good) some highlights on top of the world and some low moments ( Im sure we all want to forget something in our lives)? I have shared in close to 57 out of the almost 92 of my mothers life. She was born Beverly Joan Freeman. She was born on December 9, 1928. She was born in Hamilton Ontario in beautiful Canada. Her mother was Marjory Seddon and what I knew most of my life her fatherly figure was Harrison B Seymour. Mom always spoke that she was adopted but I questioned her words? It was only recently that I discovered mom had a real father whom Marjory divorced and married Harry ( Gramps I called him). I knew Marjory only up until I was 5 when she passed away. Gramps moved to the USA and re married a yankee Cay or Catherine who liked long cigarettes and gin and tonic. They lived in her home on a golf course in Port Charlotte Florida where both she and gramps rest today. My mother met a man when she was pretty young. His name was John Patrick Gushie ( Gushue when also recently I discovered my fathers ancestors in Newfoundland) I believe Bev and Pat ( everyone called dad) married although there are no documents, photos or any memorabilia. Mom and dad shared a life of average standing and although most of the days in early years are “stories” re told I believe they raised the family in Burlington for the most part. They started out as landlords in a small apartment building on Beverley drive and new street and there the boys John, Michael,Ken, David were living. My youngest sibling David has since passed. I never really knew my siblings as they were significantly older, David was 13 years my senior. John was the oldest almost 20 years my senior. I recently researched my real grandfather and have still some work to do regarding any genealogy connections. My mother never did mention if she knew him or of him. I guess her curiosity or interest isn’t the same as my own? It may have been that she wanted it buried? His name is Claude Robert he was from England and he married my grandmother when my mother was conceived. After Claude and marjory divorced, Marjory and Harry went on to have another daughter which was moms half sister her name was Jane. Mom apparently worked as a dental hygienist and later went into secretarial duties in real estate during my life. My father worked early years at Ford motor company and went on to be one of the first Police Officers in the small town of Burlington where we called home. The early years are simply stories and I am trying my best to recreate moms life here before I came along in 1963. A girl was born to the family and I basically was an only child and spoiled by my parents. The boys moved on got married had children John to Terri Ann and had Melanie and Christine who now my mothers great grandchildren Todd and Meg with Christine and Ronny and Mel with Drew who had Brock and cadence . Michael went to live with my aunt Helen and uncle Charlie in Woodstock Ontario ( another story I truly don’t know the details of)and he married Sandi and again another great grandchild Ryan. Kenneth married loraine and they had Kenny and donna who also went on to have children of their own and David and Ingrid who had David and Tasha and Tasha had her own children. I am missing some info due to the fact that somewhere along the way the family dynamics kind of got amiss. If I could explain the whats and whys to you my mind wouldn’t flee with wonderment some nights. My father led a stressful life he became ill and left us way too young. There isn’t a day goes by something or some memory doesn’t make me miss him and think of him and wish he was here with me again. Dad left in 1987. The growing up years in my own life my mother and father had bought us a nice home in suburbia a house I thought was the Taj Mahal.. We had a pool in the backyard and we visited gramps and Cay every year in Florida. I knew Disney world like I owned part of it. Life was the perfect stage play in my mind. I had no idea of the dark sides that exist inside a family dynamic. I believed that Joan and Walt cleaver were real families and that mine was exemplary too. I guess that secrets are sometimes best left as they are. I know that back in the 20s and 30s that the way others viewed how we lived were subject to expectation and judgment. I know that living a life as you desire wasn’t always possible unless you faced the labelling and rumours that go with small town society. After my father died my mother shared a life with her “ friend” Lois for many years to follow. For most of us it was very confusing and difficult accepting this relationship however it was what it was. If mom was happy and somebody was taking care of her who were we to judge? We all had our busy lives our own jobs and our own families. The sibling unit somehow got distanced and my mother somehow allowed us to all become all but forgotten family members. If I could again explain any reasons why id once again sleep better. I often dreamed of a family reunion. One where I could actually see those christmases like the “Walton” family shared on television. I wondered why it wasn’t possible? I longed for my family, my roots and my heritage ( I still do in fact) but when you get to my age you tend to give up on fairy tales and hope that your own family can somehow stay somewhat sane and intact. I married and divorced and also have my own children twins Mike and Katie now 34 ,mike and Ivett now have my great grandchild Abby. Katie married Greg and have Sean and Lauren and my other daughter Kristen ( Bear) had Chloe and my youngest Jennifer has a steady partner Mat and has decided to follow in my fathers footsteps in policing. I too wish my own children would only know how my life was not the happy ending it could have and should have been. I can only wish that they can stay close and help me create that Walton family ideals I dream about. Mom lived the last part of her years with Lois until Lois also passed a few years ago and mom became very lonely and sad. I used to tell her that if you place all your eggs in one basket and someone steals the basket what are you left with>? Lois was moms basket. The grandchildren she never knew didn’t visit. The children she gave life to were distant and I’m sure her heart lived with many secrets and regrets. The loneliness became a part of her existence and although I stayed faithful by her side I too had a life of my own to live. I was a single mother who was responsible for the rearing of my own children. Life was busy or held onto moments of regret and distanced themselves ( again unknown to me?) I always “made time” for my mother. I called her when I woke up when I finished a job during the day and at dinner and bedtime “each and every single day”. I delivered groceries, brought McDonald big breakfasts( her favourite with small coffee 4x4 yikes!!! ) I made shortbread that required forever to make it just right as grandma Mark made. I took her for the hair appt. weekly or I enlisted my children to help gram. She was very good to my children and helped me immensely in my struggles as a single mom. It is in my opinion my mother had much inner pain and sadness yet always found time to cut out a paper clipping to share with me to ease my broken heart…again. She wasn’t someone to seek advice from as I believe her own scarred and shattered dreams didn’t allow her to be any authority. Mom never was sick a day in her life. She lived alone after Lois passing continued to enjoy her beloved blue jays and maple leafs on tv. Continued to make pounds and pounds of grandmas recipe for famous Scottish shortbread. In the end mom went to hospital for a faint spell and ended up falling while in their care and never walked again. She went into long term care and I became the parent in her life. Its the circle of life I suppose. Moms give us life and in the end we look after theirs. The dementia set in but it wasn’t constant. Let me please tell you about this disease…. If you’ve ever watched “ The Notebook” ( I Mean haven’t we all?) the sadness it reveals when someone loses a lifetime through the loss of memories of people they love, places they cherish and things they have spent a lifetime achieving let me please say this….. Dementia can also be a positive. For a person who’s days consist of sitting in long term care ; days, weeks, months seem endless when you have lost your will to live and the ability to rationalize your existence. When you know that the end is near or that theres nothing in life to work towards. No goals are left as you’ve accomplished everything life has to offer you. Dementia somehow can be a saviour. If you forget where you are, where you’ve been and what happens next everything in life becomes less complicated and less disappointing. When I ponder how we all are born how we always look forward to the wonderments of childhood such as Christmas and holidays. How when we grow up and every monumental year that passes brings us another milestone and another adventure to look forward to such as driving your first car or having your first taste of wine? How we wish upon stars for that special person to come into our lives and share in the next phase of our existence. How we have the white dress and celebrate finding our soulmate. How we work and plan education and careers based on financial gains to be able to survive in the crazy world how we strive for material gain and wealth for our family to be in future. How we are blessed with the next generation to go on to carry our history, our legacy and we watch in wonderment how they assimilate our likeness and that of our parents. How we work and grow and plan and dream and buy and go on vacations and then…..we end up at the same destination. I have to ask myself some days why? I have to take heed in how I’ve sat back like a spectator watching the life of someone else. I have to question if what we are taught to do and expect and follow is the right path in life? I have to sit back now and re think how I myself are robotically following this same patterning life as everyone has and everyone before that. I think that this spectating has made me realize that there has to be more to life than this? There has to be another way to portray life and act out the scenes in the journey differently isn’t there? Does the ending always finish on the same note? She knew me right up until the last day. She joked about times of the past people she had in her life and memories she still held vividly. If theres anything you can learn from a 92 year at the end of life is that the path may be bumpy ,it may be smooth, but one way or another we end up the same way at the same place. Live each and every day to the fullest. The past is exactly that…the past. Why waste beautiful days, moments, memories with people you shared a bump with along the road? Its easier to end life knowing you did your best gave all you could and can lay your head to rest knowing that! I know my mother wished she was surrounded by all those who’s life she touched in some small way in her 92 years. I know my head will rest easily. Those countless visits the flowers I sent ( mom loved her garden) the pictures I pasted in her room of her g great grandchildren and the facetime calls every other day because of this pandemic !! All the candy I delivered ( she loved sweets and chocolate) the convincing I did to have the kids “ make time” were all part of my life. I will miss being “needed.” I will miss making someones life better. I will miss talking to the person who gave me life who without her so many lives I listed above wouldn’t exist. I will miss having someone who’s ears must have fallen off listening to my heartbreaks in life and dilemmas. I will miss making shortbread the way gram used to do it. I WILL MISS MY MOTHER!! The only constant thing I have had in my life for 57 years. Everyone please take heed…..No matter what …your mom loves you! !!!!No matter how bad things are , no matter how evil you are , no matter how many mistakes you make , your mother loves you!! Now I too will know how holding another empty space in my heart will feel.
Please allow me to share an excerpt from someone I hold as a dear and talented soul…something to think about.
Many years ago, I was traveling through Pennsylvania with a friend who had experienced several childhood traumas. She had built an impenetrable wall around herself - never allowing her pain to show and never acknowledging any weakness. I suppose it was her way of feeling safe even though the strategy only added to her sorrow.
It was wintertime when we made our trip and a snowstorm had blown across the state a few days earlier. The plows had created huge snow banks on either side of the highway which made us feel like we were driving through a tunnel with no exits. I was in the passenger seat and my friend was driving. As the car began warming up, she decided to slip her arms out of her winter coat with one hand on the steering wheel. I didn’t think it was a good idea because we were zipping down the interstate at 70 mph. I remember saying, “I wouldn’t do that...” - just as my friend lost control of her car.
The little Honda Civic began careening toward the snow bank on the left side of the highway so my friend yanked the steering wheel too sharply to the right without braking. Predictably, the car raced towards the snow bank on the opposite side of the road. This craziness repeated itself over and over. The car zoomed to the left, then zoomed to the right, then zoomed to the left again and the other vehicles on the highway decided to give my companion all the room she needed. It’s a scary thing to be sitting in an out-of-control car - especially when the driver has forgotten about the brakes. Finally, my friend let go of the steering wheel, threw her hands in the air and said, “It’s not working! It’s not working!”
The car careened one last time across the highway and slammed into the right snow bank, spun around until it was facing oncoming traffic, flipped onto its side and then slowly fell back on its wheels. There was a brief moment of silence as we realized we were both going to live and then I asked, “Would you like me to drive now?” For the next five hours I drove a car that worked perfectly despite the dents on the roof, hood, sides and back. Basically, every body panel on that Civic had a snow bank pushed into it but ...the engine and brakes were working fine.
Sometimes we make mistakes and our lives spin out of control. By the time we think to put on the brakes, it’s often too late. But after it’s over and the damage is done, we have an opportunity to reflect on what happened. An emotionally intelligent person will do that. A deeply wounded person often won’t.
I felt sorry for my friend. She had been through hell as a child and as a result, had a terribly fragile sense of self. It always seemed impossible for her to face her pain, her inadequacies or her failures. When she screamed, “It’s not working! It’s not working!” she was blaming the car for her own inexperience and this was the way she conducted all of her affairs. It’s been many years since I’ve seen her. The last time we spoke, she was deflecting attention away from her mistakes and hurting anyone who asked her to be real.
Sometimes the most obvious truths are the most difficult to grasp - not because they are complicated, but because they are painful. Carl Jung once wrote, “That which I most need to find will be found where I least want to look.”
I have great respect for people who have made a mistake and afterwards, demonstrated the kind of courage and humility that asks, “Why did I do this? What do I need to learn? Asking such questions is like a leap of faith. The more wounded we are, the greater the leap and the greater the need for courage.
But what if someone is in so much pain or is so frightened by difficult truths that self-examination (and healing) seem impossible? Could love make courage possible? After all, inadequacies and weaknesses aren’t the only things that define a wounded person. Being lovable doesn’t require perfection. When we are loved, it’s not because we are perfect. It’s because we have been created for intimacy ...and there’s this thing called ‘grace.’
Grace is offered to us because we are more than a jumble of imperfections. There is something precious and priceless about us despite our flaws. Some people have a difficult time believing this but I’m convinced that if any of us is put under enough pressure, we will break. No one is invincible. Every one of us fails and everyone of us needs grace.
Forgiving ourselves, loving ourselves, understanding ourselves - these are things that happen when we begin to plumb the depths of God’s grace. It takes courage to examine our weaknesses but if our examination is accompanied by an understanding of the deep love that God has for us, it becomes a liberating exercise because it leads us to the realization that grace isn’t passive. We are adored by One who pursues us like a lover and offers us redemption.
One of my friends recently posted the following message:
“Shame says, ‘Because I am flawed, I am unacceptable.’ Grace says, ‘Although I am flawed, I am cherished.’”
~Will Kautz
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