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Joseph Ewanchuk

Joseph Ewanchuk

Monday, December 6th, 2021
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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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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

  1. 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.

  2. 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

Joseph Ewanchuk

With great sadness, we announce the passing of Joseph Ewanchuk on December 6, 2021 at the age of 93 with family by his side.

Left to mourn are children Mike, Joanne and Harold along with their mother Louise. Also left to mourn are grandchildren Joseph (Neewa) and Christopher (Kaylee), siblings Maurice, Adeline and Mary Anne, sister-in-law Yvonne, many nieces and nephews, friends and neighbours. As per Dad’s wishes, there will be no service and as per his request, his body has been donated to science.

Joe was predeceased by parents William and Anna and his brother John.

Growing up, Dad went to school with the “French kids” in St Malo, where he also learned to read, write and speak French, something he was very proud of.

By age 8, dad was hunting and helping to provide for his family. By age 16, he was doing all the farm work.

Dad skipped a couple grades and by age 13 had completed grade 9.

One of dad’s biggest regrets was quitting school after grade 9. He said he knew immediately it was a bad decision, but he was too embarrassed to admit it and he thought he was letting down a cousin who also wanted to quit school. Dad would say to me, don’t ever be ashamed or embarrassed to change your mind and to say, “that isn’t what I want”.

Dad had a lot of jobs in his early days; working the family farm, being a hired farm hand in Saskatchewan and then coming home to do the harvest, working in the sugar beet fields, landscaping, working on the railroad and in a mine, bridge building and then becoming the bridge building camp cook.

Dad became the new cook when the original cook was fired after a night of drinking with the boss. The cook went to sleep on the top bunk and wet the bed. The boss slept on the bottom bunk.

Dad worked whatever job he could find to support himself and his family.

After the many jobs, Dad got a job at Aetna Roofing and became a tinsmith. It was a natural fit. Five years later, in 1957, Dad asked for time off to go moose hunting. When the boss denied the time off, he quit and started to work for himself.

Dad didn’t just install eavestrough and flashing. Dad was a Master Tradesman whose skills were highly respected and sought after by many in the field. Dad had the ability to design and create solutions to water problems. Dad always said water has a mind of its own and sometimes you had to spend more time to figure it out. As in life, some things weren’t an easy fix.

Besides houses, Dad worked on churches, shopping malls, theatres, the original Sears building, Dryden Paper Mill, Pine Falls Paper Mill and even the large silo grain elevators in the port of Thunder Bay.

Although Dad had no fear of heights, he said the one time he was ever scared was when working on St Mary’s Academy. Four stories up, with his ladder sitting in the eavestrough, he had to stand on the ladder and work unsecured on a small ledge of about 6-8 inches for many hours.

Dad was very hard working. He told me a story of having to work 52 hours straight without sleep. He was so physically exhausted, so broken that 70 years later he cried when he told me the story.

Dad not only helped us kids on our homes and yards, he also helped many of his family, friends and neighbours.

Dad continued to work until his stroke in 2012 at the age of 84.

Joe and Louise married in 1957. Although now divorced, they still remained close friends until the end, enjoyed many good times and laughs and it wasn’t that long ago, they enjoyed dancing a polka.

Dad had an adventurous spirit in him and when starting out, loved to go work in small towns and often was away for a month at a time when a new subdivision was being built. I think us kids all inherited the spirit. We all had our adventures. When I was thinking of moving to Africa for a few years, Dad was of the opinion, “of course, go, see what it is like, just be careful”. Dad believed everyone needed to move away from home. You will grow, you will have new experiences, adventurers and meet new people. You could always come back but it was good to go. Dad said to always say yes to an opportunity.

So many of my memories are of Dad leaving at 5 or 6 in the morning and after putting in a long day, coming home exhausted late at night, sitting at the table eating dinner and still taking the time to read the daily newspaper, front to back and then completing the Jumble Puzzle within seconds.

In whatever country I lived, every week I mailed Dad a local newspaper which he so appreciated. He was up to date not only on local news but also got firsthand world news. Right to the end, dad was happiest when you gave him a newspaper with his meal. Dad only had a grade 9 education but he was one of the smartest, most well-read people I knew.

During the busy summer months, the only other reading material was the Andy Capp cartoon books but come winter, dad loved to get into some good mysteries and a few history books. Dad read books in Ukrainian and French also. As a kid, a real treat was going with Dad to the used bookstore.

Dad was always smiling, loved to dance and even a couple years ago, was still doing the polka with mom and I.

Dad was kind and took care of many people. Fish, deer, moose, elk, rabbit, partridge, prairie chicken along with mushrooms, berries and garden vegetables were shared with friends, family and neighbours.

Dad helped anyone he could and when it came to work, he gave everyone a deal. We probably had less money than most because of it, but dad believed in helping others. He would give his last dollar if needed. I learned kindness by example.

In the winter months, to supplement his income and for something to do, Dad would set a trapline. A few times a day, no matter the weather, he would go by skidoo to check his trapline so no animal would be left to suffer. The basement would be full of drying beaver pelts.

During the winter, Dad also cut wood to heat the family home. Dad would try to never cut a live tree. He cleaned up the deadfall and went by ski doo for miles along the river, cutting and hauling dead trees from the river. Several times, Dad came home wet, terrifying mom and us kids with a story of breaking thru the ice.

To cut costs, Dad learned to repair his own snowmobiles and chainsaw. Most often there was some piece pulled apart for repairs on the kitchen table.

Dad would do anything for family. He had our backs no matter what. There was never an inconvenient time to ask for help. His parents lived 8 miles away on the prairie by Arnaud, MB. His dad called to say he was sick and thought he should go to the hospital. That night we were in the middle of a blizzard but Dad didn’t hesitate. He knew he would not be able to get thru the last few miles by truck so he gassed up his old skidoo, brought along extra gas, loaded the pull behind sled with quilts and blankets, had mom pack a few sandwiches just in case and Dad set off to pick up Gido. I still remember that night and the relief hours later when Dad and Gido arrived back.

This wasn’t the first time, Dad showed extraordinary effort to care for his family. Dad and his brother John were working in the bush for the railroad. Uncle John got sick and Dad worked a small hand operated pump rail car for 15 miles to get Uncle John to the doctor. Dad then had to hand pump the railcar back 15 miles.

Dad was a great employer, who hired all of us kids and probably every kid in St Malo to give him a hand from time to time. You would help for ten minutes and be paid $20. Everyone loved him.

Going to work with dad also meant you had a working man’s lunch, which we all loved. Lunch meat or garlic sausage stuck between two slices of unbuttered rye bread and filled with ripple potato chips. Still a lunch favourite for many of us and chips were still a favourite snack for dad.

Us three kids grew up eating chips almost daily. Dad would get home from work late and I guess to make up for being away, always came home with treats; usually a bag of chips or a chocolate bar. We were taught that not only did we have to share the chocolate bar with our siblings, we always had to offer the biggest portion to the other person.

Often in the summer, dad would rush home from work so he could get in a couple hours of fishing and no matter how busy the summer was, he always took time to take us to Uncle Metro’s or to the beach for an evening swim.

Dad never hesitated to correct someone who was doing a wrong. If us kids, grandchildren, nieces, nephews or even the neighbours’ kids were over and something was unsafe, incorrect, not polite, not kind or considerate, Dad spoke up. If Dad seen a wrong by someone on the street or in business, he also spoke up. Thank you Dad.

Dad was very much a common-sense man and was great at giving advice. I remember the first time I had my heart broken. Dad’s advice was don’t sit home pining over anyone. Keep busy, go out and have fun. We all knew we could always ask Dad for advice and of course he also gave advice even when we didn’t ask.

Dad wasn’t great at taking advice though. Due to a work injury, Dad was always hard of hearing and most times would read lips. He struggled at times so I thought it would be a great idea for him to get a pair of hearing aids. He agreed. As the hearing loss was from a workplace injury, I worked several months to have him approved for hearing aids. We were all excited that now dad could enjoy and participate in life a bit more. Well, after trying the hearing aids only a couple times, they went to the back of his dresser drawer. He was done with them. He didn’t like them and there was no convincing him to keep trying.

Dad loved having a dog. He loved Harold’s dog Hartley the most. Harold’s dog was getting older and one day dad was complaining how the dog was deaf and could no longer hear him. With a smirk, I suggested Dad give the dog his hearing aids. Dad laughed.

One of the best feelings in the world for me was when Dad would see me, he would light up and smile. Every single time. I always felt like a million bucks that he was so happy to see me. Probably the only good thing about Dad’s dementia was each time I left the room and walked back in, he thought I just arrived and would give me the great smile.

Dad was an outdoorsman who taught us kids and many others not only to hunt and fish but also conservation and respect for wildlife and nature. Dad never hunted for sport, only for food and he always took the best animal for food and not the one with the biggest rack or the trophy winner. If during hunting, an animal was injured, he would track the animal even thru the night so he could end the animal’s pain and suffering.

I remember Dad who was already in his late 70’s hunting in the north and miles back in the bush, near end of day, shooting a moose. Dad worked by flashlight all night, butchering, cleaning and backpacking all the meat out of the bush by himself. A moose is approximately 800 pounds of meat. He was one of the strongest men I knew and only in his later years could any of us outrun him.

Dad’s biggest joy wasn’t shooting a moose to provide for us, it was the hard work and adventure, the story he would be able to share. The joy of packing the backpack with all that would keep him warm, safe and dry, mom packing him tasty sandwiches, the excitement and anticipation during the long drive out to Duck Mountain, Riding Mountain or Porcupine Hills, the old friends he would see, the new friends he would make, the great skill of the moose to evade, the skill he needed to track, back track, to get ahead, to stay out of the wind, to not get lost and to survive as many days as needed and allowed while camping in his truck. It was also the great story of success or failure he would be able tell. Dad could tell you hunting stories all night long. He loved to share his skill and his knowledge. Many people will exaggerate a story but not Dad. He told the same stories after the dementia as he did before.

Dad shot 36 moose but only brought 34 home as 2 were stolen. He also brought home 6 elk and estimated 200 – 300 deer. We grew up eating wildlife and a beef cheeseburger at a restaurant was a rare occasion. Dad delighted in teaching his son-in-law Dave to hunt and said Dave was the best moose hunting partner to have.

Conservation was important to dad. It upset him greatly when people were spotlighting, hunting illegally or hunting for sport only.

Us Ukrainians do not reveal the location of our best berry or mushroom patch, where the best fishing is or where the deer cross a path. Dad was an exception to the rule. If Dad invited you, he took you to all his favourite spots. He wanted you to have the best experience possible and maybe you would then continue the new hobby. He got so much joy from watching someone have their best day.

In the 1970’s, dad was taking a welding course in Winnipeg. In the class was a young man, a new immigrant from Trinidad. When dad realized Vishnu was in Canada on his own, dad brought him home to spend every weekend with us. Dad introduced Vishnu to family, friends, Manitoba socials and to Ukrainian food. I learned compassion by example.

Dad loved being a grandfather and from the beginning wanted to be a big part of his grandsons’ lives. Mom tells a story that when I was young, she left dad in charge and went to the neighbours. Apparently, I filled my diaper so what did Dad do? He ran a half mile to the neighbours to bring mom home. When I had children, this same man insisted on babysitting his young grandsons. I worried what would he do when the big numbers came up. His solution, clean what you can, fill the tub and give a bath. Ok Dad, you can babysit.

Dad’s favourite dishes to cook were moose roast which has been declared the best by everyone who tried it, navy beans with garlic, mashed potatoes, cornmeal and of course bacon and onions for everything. If you were going for dinner, you knew what you were having. Truly wonderful!! Dad also made the best dill pickles. Dad enjoyed the process of cooking; take your time, pour a drink, put some music on and maybe even do a little polka. Dad didn’t mind cooking but hated doing the dishes.

Anyone who knew Dad, knew that as important as his family, were his precious Pink Lady Slipper flowers. Dad took such great pride in keeping his rare wild orchids safe and then having his and his family’s efforts recognized when his property was officially acknowledged by the Province of Manitoba as an Ecologically Significant Area Voluntarily Protected by the Land Owner.

Every year, dad would spend two weeks carefully hiking individuals into the bush to see his beautiful flowers. This was after spending a week or two to make a safe path into the area so no plants were damaged by visitors. His biggest joy was showing off his flowers. Funny that once Dad got sick, the flowers never bloomed as brightly.

The summer was a busy and joyful time for Dad. Fishing, berry and mushroom picking, planting, weeding and harvesting the garden, Lady Slippers blooming and hopefully many visitors.

A couple months before dad had his initial stroke is one of my favourite memories. I had picked pails of wild plums and dad came over to make jam. There we were, listening to polka music, drinking Port and cooking jam. Best jam ever!!

Although dad lost his short-term memory in 2012, we were happy we still had him with us. He kept his sense of humour and his wit until the end and still very seldom did I win a game of Hola.

Dad always said the best thing to do for sadness, depression, worries or hard times was to work hard and get into nature. Working hard gives you purpose and takes your mind off things and how can you not enjoy nature. I guess we are going to have to work hard and go for a lot of walks, because we are most definitely sad.

Dad was an outdoorsman, a hunter, a conservationist - only take what you need and never hunt for sport, a fisherman, a berry picker, a mushroom picker, a gardener, a man with a big heart, a man who loved to dance, a man who loved his family and a man with a great sense of humour.

Dad loved living by the river and felt rewarded for his hard work in developing his farm when us kids also so appreciated the farm and all his hard work to keep it. Dad could have sold his property anytime and always had offers but he never did. It was important to keep the land. Dad purchased the land from his grandmother who purchased it directly from the Hudson’s Bay Company in 1926. It was unheard of for a woman to purchase land and for HBC to sell directly to an individual, but it happened. Dad felt a responsibility to the land and for all it gave to us; provided food for the family, drinking water, wood to heat the home, wildlife, fishing, orchids, relaxation, nature and the gift of sharing it with others.

Dad had a lot of common sense and was a good judge of character and of human nature. He always knew if a person had ulterior motives, he knew who was blowing smoke. Dad could read a politician and their real reason for doing something, better than most.

Dad had some great advice to us kids:
1. If someone is trying to sell you something and they keep saying how great it is, it probably isn’t.
2. If someone keeps calling you “friend or my friend”, they probably aren’t
and of course my favourite,
3. If you give a man permission to blow a fart, he will undoubtedly take a crap.

Dad’s kindness and thoughtfulness for his fellow man was still evident in his actions right to the end by him donating his body to science with the Body Donation Program in the Faculty of Medicine at the University of Manitoba.

Leaving his body for anatomical study, thereby performing an unusual and outstanding service. Such people have the unique distinction of rendering Service After Death to their fellow men and women.

Because of the increased demand for more doctors, dentists and other health professionals, the need for anatomical material to teach students is increasing. To obtain firsthand experience of the structure and functions of humans, students must study the bodies of the deceased.

Dad believed in not just doing what is best for you but also what can you can do to help others. What can you do for your fellow man or woman?

In 2012 Dad suffered a major stroke and was left with dementia which became more and more severe as time went on. Although dad had no short-term memory, he still remembered us until the end.

After the stroke, if you asked Dad how he was, his reply was always, “Same old way. Some days better than others and others just plain worse”. Our suffering is eased by the fact Dad will now have better days.

After Dad’s initial stroke, the doctors told us Dad would only live a year. I want to thank Mike for caring for Dad for the last 9 years so Dad was able to spend his time at home. Thank you also to Harold for the care and for visiting Dad every day. Thank you to our mom for always offering to help with Dad. In our family, we may get divorced but we still keep one another as a friend. Thank you also to Dr Fotti for the many years of Dad’s wonderful care.

Dad, thank you for all you have done for us and for always having our back. Thank you for teaching by example.

Right now, dad is up in heaven, sitting at the table with Baba, Gido, Uncle John, Claude, Dave, Eddie, Donald, Raymond, Nick, Laurie, Wolfgang, Jean, Nestor, Gloria and many others, having a drink, telling stories, laughing and Mickey and Bunny Ukrainian music playing in the background while eating his mother’s perogies and of course a big bowl of Black Cherry ice cream for dessert. Oh, and there is a vase of Pink Lady Slippers on the table. In a few days, Dad will take Claude, Dave and Donnie and go fishing.

In lieu of flowers, please consider donating your body or your organs for your fellow man. Cherish, protect and preserve nature and wildlife.

To keep dad’s memory alive, talk about him, tell stories and most of all, be kind. Do something for your fellow man.

Rest in peace Dad. We love and we miss you!! Xo
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JM

Joanne Marchand

Posted at 04:58pm
In reading a letter from a supervisor at Aetna Roofing, the supervisor states dad also did some of the copper roof on the planetarium and the copper roof on the Manitoba Archives Building. Dad also installed the roof edge metal flashing on the grain silos in Thunder Bay.
JF

Joyce Fisher

Posted at 11:34am
Ewanchuk family, I was deeply saddened to hear of Joe’s passing. I didn’t know him well but through your eulogy/stories of him I was reminded and shown who he was….a good man.
Joanne, it is a beautiful dedication to your dad. As I was reading it, I had tears, as he reminded me of my dad. Told it like it was , gave great advice, did what was needed to raise his family, and gave the shirt off his back for anyone in need.
To loose a dad is hard but the ethics and values they instil in you will always be there along with the memories. Take care💕
Our sympathies and prayers to Joe’s family and friends.
Joyce and Ray Fisher
EN

Eugene Nawolsky

Posted at 11:04am
Condolences to all the family. Joe's parents and my parents were very close as I was with Joe for many years. We shared many stories of hunting, fishing and work. The write-up is so well done which brought back fond memories, the lady slippers he was so proud of and cut a path through the thistle's just so he could share their beauty with others. He did a lot of work for me, both at my home and other jobs I got for him and Mike. He used to tell me a story about my Dad and how a ram (sheep) would butt my Dad, He thought that was so funny. Rest in peace Joe. You are legendary. Heather & Eugene Nawolsky
L

Linda Shpak

Posted at 08:13pm
My condolence to all the Ewanchuk family many great memories of him helping my dad out on the farm ,from the Shpak family we send our condolence .
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