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Frederick Kemman
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Frederick's Tribute Fund's Tribute Fund
Frederick's Tribute Fund'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
Obituary for Frederick Barnes Kemman
Obituary – December 17, 2022
Frederick Barnes Kemman had a soul full of sunshine and a heart full of mirth. Though quiet and shy at times, when roused to display his eclectic sense of humor Fred unleashed a booming voice resonant with the pleasantly raucous spirit of his New Jersey ancestors. Fred fine-tuned his quick wit through frequent conversations with his mother, Ruth. As he liked to say: “I learned at the feet of the master.” Though often irreverent and a good-natured jokester, Fred felt deeply for others and never hesitated to lend a hand or offer a kind word. It is difficult to imagine a world without Fred Kemman's sweet and vibrant presence to smooth life's rough edges. Alas, Fred's soul left this realm on Thursday, December 8, 2022, at 5:25 a.m., at Berkeley Medical Center, Martinsburg, West Virginia. Fred's death followed unexpected bleeding related to an emergency medical intervention. His wife, Gretchen, and son, James (Jake), were by his side.
Born July 22, 1966, in Silver Spring, Maryland where he grew up, Fred was the third and last child of Ruth Winifred Rule Kemman born in Princeton, New Jersey (near Kingston) in 1929 and of the late James Hugo (Jim) Kemman, born in Altoona, Pennsylvania in 1937. Fred enjoyed a happy childhood on Southwood Avenue with his older sister, Janet, by his side. The family took frequent trips to the seashore in Manasquan, New Jersey to visit maternal grandparents and other family members. They also visited paternal grandparents and an aunt in Merion, Pennsylvania, near Philadelphia, and gathered with them and other relatives and friends at a family farm near Hawk Mountain. On occasion, Ruth, Janet, and Fred accompanied Jim on his travels for his work as an electronics engineer. As a young teenager, Fred worked beside his father as a volunteer for the National Capital Trolley Museum in Colesville. Interesting pets graced the lives of the Kemmans, and Fred learned a lot by observation. Some friends recognized Fred's special charm with recalcitrant canines, calling him Dr. Dolittle in jest. And certain family members, observing Fred's astute interpretations of feline behavior and the special bonds he formed, thought of Fred as a “cat whisperer.”
Encouraged by his mother, Fred learned to read before attending school, and early in life he developed a deep and abiding love for the written word. Fred spent many hours enjoying good books: classics, science fiction, and history, among other genres, and he sometimes felt inspired to write his own stories and poems. During Fred's elementary school years, he participated in a model French immersion program founded by Gabriel Jacobs in 1974 in Montgomery County, Maryland. Thus, at his neighborhood's Four Corners Elementary School, Fred acquired a perfect Parisian accent. Despite limited opportunities after age 10 to converse in his second language, Fred loved to surprise by bursting into French, especially when he had reason to believe a listener might comprehend and respond in turn.
As a boy, Fred rode his bicycle for many hours at a stretch, and he continued this pastime into young adulthood with his beautiful Vista “Silver Shadow,” which he recently had restored in a Martinsburg shop. For a period in boyhood, Fred delivered the Washington Star newspaper while riding an earlier bicycle. Fred loved to play baseball and softball and had a good throwing arm, perhaps inherited from his Kemman ancestors who possibly include Fred Herbert (born Herbert Frederick Kemman), who pitched for the New York Giants in 1915.
While at Northwood High School, Fred joined the band and became reasonably accomplished at the alto saxophone. A favorite of his from the time was “hillbilly saxophonist” Boots Randolph's “Yakety Sax” album, including the title song most people now know as “The Benny Hill Theme.” We are left to wonder whether Fred knew of Randolph's deep connection with his father's, Jim's, favorite guitarist Chet Atkins. Talking of this connection would have inspired Fred to hearty laughter. Perhaps playing saxophone kindled Fred's life-long love affair with blues and jazz: comedic, contradictory, intellectual, and poignant, his preferred sound track for much of life. His friend Timothy's inscription in Fred's 1984 yearbook says it all: “Keep playing the sax man, 'cause you got the blues in your soul.”
After graduating from Northwood in 1984, Fred attended the television production program at Montgomery College while working full-time as a service writer for Hill and Sanders Ford in Wheaton. In 1989, Fred became a part-time production technician at Montgomery Community Television in Rockville, and a full-time editor by 1993. Creative and capable, Fred served as technical director for the Emmy-nominated public affairs program News Counterpoint. In 1995, The Society of Professional Journalists, Washington Professional Chapter, awarded Fred's production, “Skydiving,” the Dateline Award for Local Journalism Excellence in the features category. During these busy years, Fred spent his spare time with friends, enjoying life and honing his skills as an amateur automobile mechanic, alongside his good friend Russell J. (Rusty) Witte, skills which would serve him well throughout life.
While with Honeywell Technical Services, Inc. at NASA Goddard Space Flight Center (NASA TV), from 1996 through 2007, Fred won Telly awards for Editing and Effects for “The Promise of Rain” 2002 and “Degrees of Uncertainty” 2002. Fred also served as photographer, producer, troubleshooter, and systems administrator. His voice may be heard narrating some segments of these works.
Fred would want it to be noted he performed plenty of physical work in his life, including long overnights steam cleaning restaurant carpets. While a young man living on Southwood Avenue, Fred helped keep the home's high gutters clear of oak leaves. Years later subsequent residents found Fred's Northwood class ring on the ground near the house where, evidently, it had slipped from his hand while he worked, and they returned it to him. One source of the abundant leaves, an ancient sentinel oak in front of the Southwood house, in more recent years provided the wood (thanks to Rusty's efforts when he discovered it had been felled) for a poignant sculpture Fred lovingly carved by hand for an art class assignment. Though not the type to go camping or fishing often, even though he savored the outdoors, a favorite tale of Fred's indicates he knew enough lore to catch and prepare his own breakfast. For a period he also enjoyed cooking creatively and baking bread from scratch, as his mother had done in his childhood. More recently, Fred became skilled at cooking outdoors in a wok, using a propane burner. Over the past seven years, he used a chainsaw, splitting maul, ax and his own muscle power to prepare many cords of wood for heating his house. For over a decade, about once a week during the late spring and summer months, you could find Fred mowing lawns, his own and his parents-in-law's next door. Over two decades or so, Fred designed and built two bookcases, a bench, five workbenches, many shelves, and two sturdy bunkbed sets, most of which you would observe should you visit his home.
During the Christmas season of 1995, before leaving to spend the holidays at his parents' home in Indiana, Fred gave Gretchen a sweater, a watch, and an unusual novel by Abigail Stone entitled “Recipes from the Dump.” In his dignified, slightly humorous, and quiet way, Fred won Gretchen's heart for keeps. On November 22, 1996, Frederick married Gretchen at the courthouse in Frederick, Maryland, in the presence of friends and family, including Fred's sister, Janet, and Gretchen's daughters, Meghan and Emily. Fred embraced his new responsibilities and did his best for Gretchen, as well as for her girls whom he loved as his own children. In February of 1999, Fred's son, James (Jake), arrived, adding to the family's joy.
In July of 2007, with his father gravely ill, Fred took a leave of absence from Honeywell for a temporary move to Newburgh, Indiana, taking Gretchen and Jake with him. Sadly, Jim died before they arrived but the trio pressed on, determined to help Fred's mom. To extend his stay in Newburgh, Fred relinquished his position with Honeywell. For this period, Gretchen worked full-time while Fred took charge of Jake's education, and the two made many close and delightful friends through homeschooling activities. Over the years, Fred also supported Jake through archery, Little League, Cub Scouts, martial arts, music lessons, and Civil Air Patrol. During their time in Indiana, Fred and Jake began volunteering each spring for Work Week on the WWII era LST 325 ship docked in Evansville, Indiana, a connection made through Jim Kemman's interests, and a tradition they continued through Jake's eighteenth year by making it their vacation.
In early 2009, Fred moved his family to Martinsburg so he and Gretchen could be near her parents and other family. Unable to find work in television, Fred attended James Rumsey Technical Institute and earned his Class A Commercial Driver's License in March 2010. After working long and hard hours as a truck driver for several companies, including seven years for Coca Cola, in early 2022, Fred found true happiness driving for Barr-Nunn Transportation of Granger, Iowa. Finally, Fred had his own “office,” a sleeper cab complete with bed, desk, and refrigerator. Though Fred's job was “at home daily,” these luxuries added comfort to long days. Fred loved taking Gretchen along on his driving assignments, and he felt pure joy when his mother Ruth, at age 93, joined him last October for a run from Camp Hill, Pennsylvania to Martinsburg. In the years prior to her marriage to Fred's father, while working as head nurse of the Infirmary at Princeton University, Ruth had become a bold traveler, and she has retained this spirit throughout life. Fred loved having his mother along on adventures, and he included her at every opportunity, taking her on family jaunts to St. Louis, Lake Michigan, the Outer Banks of North Carolina, the coasts and mountains of New England, and the coasts and mountains of Maryland and Virginia.
Like his mother, Fred loved to travel and he loved the seashore in particular, thus he and Gretchen dreamed they would become beach bums in their old age, with time to finally catch up on long reading lists. He had promised Gretchen a trip to Key West, Florida, a place he had visited and loved. Fred's dreams also included being a doting Grandpere, and he was as smitten with little ones as his wife, Granny Gee. Almost daily, Fred dreamed of finishing the science fiction novel he and Jake were writing together, and of completing the architecturally inspired digital illustrations he had been creating for their project. He often worked at the computer for many hours after arriving home from his “day job” driving. Fred also dreamed of learning to distill his own whiskey should doing so become legal in West Virginia. In earlier years, Fred taught himself to sharpen knives of all kinds, and he dreamed of making his own.
During the early 2000s, Fred realized a dream by studying art and art history at Frederick Community College and creating intriguing drawings, pottery, and metal and wood sculptures. His welded steel “Bird” appeared in FCC's Tuscarora Review of 2003. After this special interlude, Fred continued drawing and pursuing another love, photography, often posting his work on Instagram. For a short while, he studied Aikido, which he admired for its strategy. At Emily's mathematics honor society induction at Hood College, Fred surprised himself and others by quickly folding a complex origami figure, per the directions, with no practice. In addition to his full-time job, Fred spent months working part-time in the framing department at Joann's to earn the money to bring a different dream to reality: a Kawasaki Ninja motorcycle. Fred enjoyed many happy hours driving country roads, alone and with a group for which he organized some trips. Later, with the help of Jake, and of his late father-in-law, David, Fred realized another long-held dream by bringing back to life the Jeep Willys his grandfather Hugo Kemman purchased new in 1952 for use as a farm vehicle. It had been idle in a Pennsylvania barn for many years. Fred and Gretchen had planned to drive the Willys in Martinsburg's 2022 Christmas parade, as part of the local Jeep group, just as Fred and Jake had done in an earlier year in Williamsport, Maryland. Fred felt so happy when out with his Jeep sharing his joy with others. As he liked to say, “Willy makes people smile.”
Fred Kemman loved every member of his family and all of his friends with breadth and depth, always wishing for their happiness and success, and always willing to help if asked. What will we do without him? All of us who knew and loved Fred will forever mourn the loss of his jolly and savvy being, yet take delight in recalling the times we did have together. May his loving soul rest in peace.
Frederick Barnes Kemman is survived by his mother, Ruth Winifred Rule Kemman, of Newburgh, Indiana; by his sister, Janet Lynn Kemman Kirby (Richard), of Point of Rocks, Maryland; and by his niece, Sara Michelle Kirby, and his nephew, Steven Frederick Kirby, both of Point of Rocks. He is also survived by his son, James Chandler Kemman, of Gerrardstown, West Virginia; by his wife of 26 years, Gretchen Nanette Myers Kemman, of Martinsburg; by their daughters (by Gretchen's first marriage), Meghan Larraine Kahn (Jason Crawford and Caden) of Kensington, Maryland and Emily Louise Kahn Lienhard (Patrick), of Philadelphia, Pennsylvania; and by his grandchildren, Leo Kahn Lienhard and Ada Kahn Lienhard, also of Philadelphia.
Fred leaves behind many beloved cousins, in-laws, and friends ranging in location from West Virginia to Maryland to Pennsylvania to New Jersey to Maine to Texas and beyond.
Fred's first cousins include Amy Fisher Thompson (Ryan), Kurt Fisher (Christine), Barbara Rule Traficonte (Arthur), Marvin Rule (Lauren), and Robert Rule. Fred also had the good fortune of having many first-cousins once removed and second cousins.
Close in-laws include Fred's mother-in-law, Nancy Ruth Davis Myers (David, d. 2019), and her brother, Thomas E. Davis (Pat). Sisters-in-law include Jessica Byrd Myers Hayes (Gerald), Wilhelmina Grace Myers Semler (Keith), and Laura Kathleen Myers Shifflett (Brian).
Nieces and nephews by marriage include Katie Leigh Bochinski, Jacqueline Diane Vanorsdale Dayhuff (Robert), Rebekah Ann Hayes, Mackenzie Brooke Hayes Creamer (Zachary), Mina Marie Myers, Madison Noelle Hayes, Gary Lee Hayes, Jr., Grace Elizabeth Baldwin, Benjamin Hunter Hayes (Jillian), and David Woodson Hayes (Jessica LeDane, fiancee). Fred's life was also graced with six grand nieces and nephews by marriage.
Preceding Frederick in death were his paternal grandparents, Hugo Augustus Kemman and Helen Louise Barnes Kemman, and his maternal grandparents, Frederick Rule and Helen Turley Rule, as well as his uncle, Marvin E. Rule (1911), and his wife, Anne. Fred's father, James Hugo Kemman (1937), died in 2007; his infant brother, Frederick Hugo Kemman (1963), died in 1963. More recently, in 2022, Fred lost his aunt, Jenny-Lou (Woofie) Kemman Fisher (1942) (Larry), and in 2019, his father-in-law, David Michael Myers (1930) (Nancy).
To all those family members and friends not mentioned here, please know you were loved a lot and never forgotten.
A viewing and brief service will be held Saturday, January 14, 2023, at Brown Funeral Home in Martinsburg, West Virginia from 9:00 to 10:00 a.m., followed by a procession to the burial service near the Birch Hill loop at Elmwood Cemetery in Shepherdstown, West Virginia.
A celebration of Fred's life will take place immediately following, in The Potomac Room at The Bavarian Inn in Shepherdstown, from 11:00 a.m. to 4:00 p.m. If you wish to attend or would like more information, please respond by December 26, 2022 to frederickbarneskemmanmemorial@proton.me.
Donations in Fred's memory may be made to the LST 325 Ship Memorial in Evansville, Indiana: https://www.lstmemorial.org.
Arrangements made by Brown Funeral Home.
To send flowers to the family of Frederick Barnes Kemman, please visit our Heartfelt Sympathies Store.
Service Details
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Visitation
Saturday, January 14th, 2023 | 9:00am - 9:45am -
Service
Saturday, January 14th, 2023 | 9:45am -
Interment
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OngoingOnline Event
About this event
In Loving Memory Of
Frederick Kemman
July 22, 1966 - December 8, 2022
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