Ruth "RC" Bair
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Ruth's Tribute Fund
Ruth'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
It was a cold morning on Nov. 15, 1950 when Nola Cole, who was eight and a half months along, slipped and fell on a patch of ice near her front door and fell to the ground. The jolt put her into labor and a few hours later, Ruth Cole was born in Preston, ID. A sensitive spirit was introduced into this insensitive world. Ruth was the first of what would become six children born in the family of Calvin Christian Cole and Nola Rogers Cole. Her siblings that came later were Roger, Gordon, Beverlee, Sheryl, and Earl.
The family moved from Preston to Rexburg and then to Lava Hot Springs where most of her childhood memories took place. When she was three and in Rexburg, she fell into a deep hole near their house and couldn’t get out. Her mother couldn’t find her, but the family dog, Snooky, stood by the hole and barked and refused to stop until Ruth was found. When she was in second grade she and Roger fell off of a horse, old Queen, and Ruth broke her arm. Before the arm healed, a tick got in under the cast and drove her nuts for quite a while. It was as big as her dad’s thumb before the cast came off. She loved her family and was very loyal to her brothers and sister. She learned responsibility at a young age and worked hard all her life.
Ruth enjoyed being outside and during her high school years, after the family had moved to Roy, UT, she returned to Lava to help on the Andrus farm. She treasured her memories of working with her dear friend, Linda Andrus, and the rest of the family. She especially enjoyed watching the sheep up the canyons of the surrounding mountains.
While in Roy, Ruth rode in junior posse and participated in 4-H. Once she was to show a colt named Sprite at the fair and they didn’t have a truck or trailer to haul the colt in. Her dad had the bright idea to put the colt in the back seat of the car with Ruth and Beverlee. They were crossing a railroad track and the bumps startled Sprite and he stomped on Beverlee’s foot. Beverlee started screaming and things went downhill from there. In the ruckus that followed, Ruth got a great black eye and some good bruises. They made it to the show and after she showed the colt, she had to ask if anyone had any questions. Of course somebody asked if the colt had given her the black eye. She had to tell the story then and got quite a few laughs.
After high school, Ruth attended Ricks College in Rexburg, ID. On Halloween that fall of 1969, she was in the snack bar and some boys were kind of bothering her. She was wearing a baby blue ski parka and with her beautiful honey blonde hair, she was a girl the boys would notice. Then another boy came over and kind of told the group that was bothering her to leave her alone. That was the end of it and the rescuer, who she wouldn’t really meet until January, was Glen Bair who she would marry the next August. After that first short encounter, the two started noticing each other all around campus and there was quite an attraction going on.
In January of 1970, both Ruth and Glen Bair happened to take the same psychology class and that is where they met. When Glen asked her name she said RC and that is what he has always called her. She got the nickname because of her initials and because of the old Royal Crown cola ads. “RC, the one with the mad, mad taste.” At first, she didn’t like it, but it stuck and she got used to it. For the rest of her life she went by either RC or Ruth. RC and Glen quickly became an “item” and as they say, one thing led to another and they were married August 25, 1970 in the Idaho Falls Temple.
The couple has lived in Ephrata, WA since that time and Glen farmed and RC became a homemaker. The first of their children, Linda, was born in June of 1971 and it seemed that the next twenty years RC was literally barefoot and pregnant. Before it was over Linda was followed by Kurt, Rick, Lisa, Doug, Denise, Dan, Jake, and Shauna. That’s right, nine of them. Sheesh!
To give you a hint of how busy life was, consider this: she made a lot of the clothes for the kids when they were little, the first seven kids had cloth diapers, she gave all of the haircuts, the kids thought they were being punished if they had to eat bread from the store, she was at almost every game, recital, dance performance, orthodontist appointment, church activity, and many other tasks that a household demands.
Once the phone rang and it was some kind of survey asking people their profession and how long they had been involved in what they did. When she told them she was a homemaker, they said, “Oh, you don’t work?” To say they got an earful would be an understatement. This pace was consistent for many years. RC drove an estimated 810,000 miles in the 27 years she had teenagers. That is to the moon and back twice for you travelers. And she did it with only one ticket and not even one fender bender. She drove those suburbans with an average of three or four kids on board before there were video games and TV sets to keep the peace. It’s a wonder she could still hear after all of that.
RC loved her babies. Her babies were always clean and well cared for. Glen didn’t think she was ever going to quit wanting another one.
In addition to those activities mentioned before, RC canned all kinds of fruit, jams, jellies, juice and applesauce. Her pies and bread and cinnamon rolls were famous. On Thanksgiving and Christmas, she would make as many as thirteen or fourteen pies for the big Bair parties.
RC had long beautiful hair. She usually had it braided and sometimes she had problems because of it. One rainy day, she got to town and realized that about a foot and a half of her hair was hanging out of the car door. By the time she got to town, that hair that was outside was a bunch of mud balls. At a restaurant she had a waitress step on her hair more than once. She always had to be careful to keep it out of the toilet. The worst one was when she had it down one day to dry and while mowing the lawn, it got sucked into the top of the lawnmower. It jerked a bunch of it out and broke off a lot more. She was scared to death, but got the mower shut off before it ruined it all. She had to cut it off just below her pockets to even it out.
RC was always giving and generous. One story that shows this was when she was in Manti, UT visiting her friend Colleen Hess. They went to visit a friend of Colleen’s who had broken his leg and couldn’t work for quite a while. He was having a hard time making ends meet and things were tough. He made saddles in addition to his regular job and there were some there that day. Well, when they left his place, RC had a $1600 saddle in the car that Glen said they didn’t need any more than a pig needs Sunday. She was always willing to serve others and it was hard for her to have to accept the help of others when she became disabled for the last several years of her life.
RC has always loved family history and knew more about her ancestors than you could believe. She wanted to go to Europe to find out more about her roots for years before she got that opportunity. Glen is “travel challenged”, but after hearing for years about her desire to go he told her to pick a friend who would go with her and he would pay for both of them to go. He said, “I’m just glad my ancestors had the good sense to get out of Europe. Why would I want to go there?” So RC and Colleen Hess went for a whole month while Glen stayed home with the kids. Years later, RC got to go again with her friend Janis Peters and their sons, Jake and Wes. RC had a wall hanging that read, “I’d like to live in the fast lane, but I’m married to a speed bump.”
If asked about fun memories with Glen, a few would stand out. Trips to Glacier Park, Nauvoo, and the Grand Canyon with Jon and Colleen Hess would be one. Another would be going to Canada with Mel and Dorle Smith and baby Jake. Then there was a beautiful ride on the horses to Spider Meadows with Rick Booth. And one more would be the 40th anniversary cruise to Alaska with the Smiths, Booths and Whites.
RC loved to read. She read a lot and taught her children to love reading. She has always blamed Glen for the smart kids they raised, but she remembered everything. They got a lot from her gene-pool too.
Glen always thought RC was the prettiest girl in the room. He told all of his daughters they were pretty but that none of them were any prettier than their mom.
Later in life, RC, who would had made a few quilts before, had more time with the kids grown and she made many beautiful quilts. She made a number of quilts for veterans and quite a few of them shed tears of appreciation for the hours she spent and the thoughts behind those hours.
She was very artistic. She often times would just draw what she called scribble pictures. It might be on a piece of scratch paper or even a napkin. More than once, while Glen performed poetry and music at some banquet, she would finish a mountain scene with an Indian camp or a lighthouse on a rocky shore. Sometimes people would see what she had drawn on the paper table clothes and ask if they could cut it out and take it home. She always laughed and gave them the pictures. Glen’s favorite was a picture of a little girl with a baby goat. Just a few months ago when RC was feeling helpless and useless, Glen had copies made for all of their family and a few people who had helped her during her decline. The gift she gave and the way they accepted it made her feel like she had contributed to their happiness.
In 1995, RC had a bad accident with a pony cart that Glen believes started her health difficulties. She had a broken pelvis, a concussion, her bicep was torn and some vertebrae were damaged. Shortly after that she began to have pain in her left foot and it slowly worsened until they started seeking help for it in 2009. She survived a bout with breast cancer in 2011 and by 2014 symptoms of Parkinson’s, probably brought on by the concussion, began to show up. She lost the use of her left hand in 2002 because of a botched surgery and with the Parkinson’s problems and the neuropathy in her foot, she was tortured with pain and slowly became a prisoner inside her own body for the last two years of her life.
About three years ago, she wrote the following to her kids:
“First off, if you are reading this I have died. All I have done for years is survive day to day. Be happy for me that the fight is over.
I love you all more than I have words to say. You are all so smart and talented and kind. I am so proud of the good men and women you have grown to be.”
Through all of her trials, her faith in God has not waivered. In Daniel chapter 3 verses 16-18, Shadrach Meshach and Abednego told King Nebuchadnezzar that their God could save them from the fiery furnace, but that even if He did not save them, they would not serve the king’s false gods. RC always had a strong faith and though she wondered why her lot in life was hard, she kept that faith even through her own fiery furnace.
The following are words taken from RC’s journal:
“I do have a testimony that God lives and loves us all, that Christ gave His life for us all and that the gospel was restored through Joseph Smith. It is my sincere desire that all of my family will gain strong testimonies and reap the blessings that are to be had because of it. Yes, at times life is hard, but God can help us through.”
Looking back through the years, it seems like Glen was still trying to rescue the cute girl in the snack bar but never could quite get it done. Now she is with someone who can rescue us all.
Death is almost always sad and oftentimes it is downright tragic. But thanks to Jesus Christ, we can look forward to a better life than we can imagine when we pass through that portal. RC was able to experience the miracle of death on July 30, 2019 with her husband of nearly 49 years by her side. Her headstone will include the inscription “Ah-h-h peace at last, in the loving, accepting, healing arms of Jesus.” We are thankful for the good woman she was and the life she lived.
Ruth is survived by her husband of forty-nine years, Glen Bair, their nine children: Linda Sanderson and husband Allen of Paul, ID, Kurt Bair and wife Jami of Louisville, KY, Rick Bair and wife Erika of Maple Valley, WA, Lisa Sheehy and husband Todd of Rogers, MN, Doug Bair and wife Lindsey of Borger, TX, Denise Stephens and husband Josh of Clinton, UT, Dan Bair and wife Tessa of Borger, TX, Jake Bair and wife Rachel of Pasco, WA, and Shauna Webb and husband Tyler of Nampa, ID and 27 grandchildren.
She was preceded in death by one grandson.
A celebration of her life will be held on Saturday, August 17, 2019 at 11:00 a.m. at the Church of Jesus Christ of Latter Day Saints, 1301 E. Division Ave., Ephrata, WA 98823.
Please leave a memory for the family or sign their online guestbook at www.scharbachs.com.
Scharbach's Columbia Funeral Chapel, Quincy, is assisting the family with arrangements.
To send flowers to the family or plant a tree in memory of Ruth "RC" Bair, please visit our Heartfelt Sympathies Store.
Service Details
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Celebration of Life Service
Saturday, August 17th, 2019 | 11:00amWhenSaturday, August 17th, 2019 11:00amLocationChurch of Jesus Christ of Latter Day SaintsAddress1301 E. DivisionEPHRATA, WA 98823OfficiantBishop Kyle Bair
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