Marcus E. Martinez
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Marcus 's Tribute Fund
Marcus '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
On Thursday August 3rd, surrounded by the love of his family and in his home on Richmond Avenue in Hoosick Falls, New York, Dr. Marcus E. Martinez passed away. He was 51 years old.
Marcus was born on December 4th, 1971, in the Putnam Memorial Hospital in Bennington, Vermont. He was the youngest of six children to Dr. Philip and Gloria Martinez. Right from the start and through his entire life, Marcus was adored and protected by his 5 siblings, Michelle, Jeffrey, Denise, Jamie, and Maureen.
The Martinez family was a pillar in the Hoosick Falls Community, and it didn’t take long for the youngest Martinez to become the village's favorite son. Effortlessly he wove his way into the hearts of everyone he met, even at an early age. Marcus attended Hoosick Falls Central School. Throughout his younger years, Marcus excelled in the classroom and in athletics. Marcus and his lifelong best friend CJ Kempf helped the Hoosick Falls Panthers Basketball team claim the sectional title. Marcus, who developed an early and lifelong love of the game of golf, also claimed the Junior Club Championship in Hoosick Falls while in High School.
After graduating from Central, Marcus began his pursuit of his medical degree. He followed in the footsteps of his father and went to St. Lawrence University in Canton, NY, where he received his undergraduate degree in Biology and master’s degree in education. Marcus thoroughly enjoyed his time in northern New York and was grateful for the family he got to visit there frequently. His Uncle Mick and Aunt Shelia were always sure to have his favorite Count Dracula chocolate cereal on hand. One of Marcus favorite things about SLU was his employment as a bartender at the Hoot Owl. An experience he frequently spoke of throughout his life. In May of 2023, Marcus asked to visit Canton for the final time. He toured the campus, ate lunch with family and friends and visited the Hoot Owl with Danny Faye, his former boss and lifelong friend. It brought Marcus joy to see his picture still on Hoot Owl Wall of Fame after all these years.
After graduating St.Lawrence Marcus returned to southern New York and attended Albany Medical College and then completed his residency at St. Clares Hospital in Schenectady in 2002.
And then Dr. Marcus E. Martinez came back to the only place he ever wanted to be, Hoosick Falls New York.
On July 15th, 2002, Dr. Martinez was back on the job in the medical practice at 21 Parsons Avenue in Hoosick Falls. For the next 15 years Marcus, and his team, most notably his brother Jeff, and Medical Assistant Michelle Lindsay created one of the most successful private primary care practices in the tri state area. Uncommon in today’s world, Marcus worked 7 days a week. Undoubtedly, Saturdays were his favorite, as working right alongside of him was his mother, registered nurse Gloria Martinez.
In 2017 Marcus closed his practice on Parsons Avenue. Bringing Michelle and longtime nurse Pattie Stevens with him, Marcus joined forces with Southwestern Vermont Health in the creation of Twin Rivers Medical Center in Hoosick Falls. Marcus would practice there for the remaining 5 years of his career.
Not only did Marcus serve in primary care, throughout his entire career he served on the medical staff at Southwestern Vermont Health Care. In addition, he was the medical director at the former Bennington Health and Rehab, Hoosick Falls Health Center, and the Danforth Home.
One of the roles Marcus enjoyed the most was being the School Physician at his alma mater Hoosick Falls Central School. Marcus treasured watching and guiding the youth of his community. Like his father had done before him, Marcus stood on the sidelines at every Panther Football game, ensuring the safety of both the home and visiting teams.
It didn’t matter whether Marcus was in the office, the hospital, nursing home or on the side lines, as lifelong friend Dr. Charles Salem once said, he was the perfect blend of “old school, back road” and new school medicine. The world of medicine was constantly changing, and Marcus changed with it, but he always stayed true to who he was, and why he was in practice. He treated each and every patient no matter how big or little the ailment with the same respect, compassion and skill as the next. He fought tirelessly for his patients. If something didn’t seem right, he wasn’t going to stop until he had answers. He
never shied away from doing what was right for his patients. He went to battle for them, and more importantly with them. He knew when to push them and he knew when to help them let go. He and trademark forehead kiss will never be forgotten. Over 6000 patients trusted Dr. Marcus Martinez with their lives and that was a responsibility he never took for granted. It was the truest honor of his life.
Marcus was a trusted colleague. Respected for his tireless work ethic and his gracious collaboration with both physicians and nurses alike made him an irreplaceable member of every health care system he was a part of. In 2009 Marcus received the Magnet Physician Award given annually by the nurses at SVHC. In 2018 his colleagues presented him with the SVHC Physician and Associate Provider Clinical and Excellence Award. And on June 10th, 2023, at the Summer Gala benefiting Southwestern Vermont Health Care, over 400 people were on hand to honor Marcus with the Vision Award for Healthcare Leadership. It was a fitting end to a selfless career.
While many will remember Marcus the Doctor. He was so much more. He gave tirelessly to his community. If there was a cause, he supported it. He believed he could make Hoosick Falls a better place and he succeeded. He championed his village and his people. This was never more evident than in 2015 when he and Michael Hickey raised concerns about PFAs in the community water supply. Their efforts gained national attention that have and will result in changes for safer drinking water not just in Hoosick Falls but around the entire country. Always humble and never seeking attention, the accolades never really matter to Marcus. What mattered the most to him was the health and safety of his village. Marcus loved his village wholeheartedly and they loved him back. On May 13th, 2023, over 500 people attended the 1st Annual Marcus Martinez Day at the Hoosick Falls Country Club to shower their hometown son and hero with gratitude and appreciation. As United States Senator Chuck Schumer wrote, “Today a grateful Hoosick Falls Community honors your lifetime of service and I join with your friends, and neighbors to say that on behalf of a grateful state and nation, we appreciate the service, skill and yes the true heroism you have shared with us all.”. His void is irreplaceable, but Hoosick Falls New York is better because of Marcus Martinez. His legacy will live on for generations.
Marcus was dedicated to his family, which he loved with his whole heart. He took great pride in following in his father Philips footsteps and once called his mother Gloria the kindest human he knew. Marcus was the perfect combination for them both. He was proud of each of his siblings and despite being the youngest he was each of their biggest cheerleader.
Marcus took an active role in the life of his nieces, Emily Hoag, Gloria Jean and Maria Martinez, and his nephew Andrew Hoag. He loved them each unconditionally and was always grateful to be spending time with them. His character is a true part of each of them and of the paths they have taken. Andrew and Emily never shied away from referring to Uncle Marcus as their role model, a most appropriate title.
Another title that brought Marcus incredible pride was that of stepfather, aka Bonus Dad, to Joe Wirmusky son of Lisa Martinez, and Brynn and Emma Lackey daughters to Gretchen Johnson Martinez. There was nothing Marcus would not do for Joe, Brynn, and Emma. He loved them as his own and without condition. He introduced them all to the game of golf, cheered them on at sporting events, attended school plays, graduations, and celebrations. He supported their education and goals anyway he could. He taught Joe the precise way to make an Old Fashion and willingly sat in the living room allowing Brynn and Emma to give him pedicures and paint his nails. He proved to them all that solving a Rubik's Cube really is possible. But most importantly he showed them kindness and empathy. He taught them what it meant to be selfless and to live a life of goodness and service. He showed them courage and strength even on the toughest of days. Wherever they go in life they will forever carry a part of Marcus with them and are better human beings because he loved them.
Free time was hard for Marcus to come by but when some was available, he almost always spent it with family and friends and if a golf course was nearby, it was better. He was a member of Taconic Golf Course in Williamstown and not only was he a member, but he also served as past president of the Hoosick Falls Country Club. However, his greatest memories and times spent on the golf course were as a member of P4. With friends Jim Hyde, OJ Delurey and Andy Nolan an unbreakable friendship was formed, that weathered not only some bad golf but anything else life threw at them. Surely their stories and scorecards will find a way to the history books.
Marcus is survived by his mother Gloria Martinez. His wife Gretchen Johnson Martinez. His siblings, Michelle Martinez Vandemark, Jeffrey Martinez, Denise Hoag (Paul), Jamie Martinez (Paula Kamperman) and Maureen Martinez (Joseph Agresta). Niece and nephew Emily and Andrew Hoag and nieces Gloria Jean and Maria Martinez. Aunts Shelia Harrington and Muriel Bartlett, and multiple cousins. In-laws Larry and Gail Johnson and former wife Lisa Martinez also survive. Hershey, his loyal and faithful 4-legged companion for the last 4 years will also miss her most favorite human. Marcus was predeceased by his father Dr. Philip Martinez, his brother-in-law Montgomery “Monte” Vandemark and Grandparents Emilio and Bertha Martinez, and Maurice and Vivian Harrington and uncles Mickie Harrington and Norman Bartlett, Augustin (Augie) and Doris Martinez.
Marcus passed away after a courageous nine-year battle with cancer. Initially given 3 months to live, day after day, year after year, Marcus defied the odds. Over time cancer took much away from Marcus, and forced him to leave us too soon, but it never took away his unbreakable spirit, his contagious smile, and his will to live. ESPN anchor Stuart Scott once said, “When you die, that does not mean that you lose to cancer, you beat cancer, by how you live, why you live and the manner in which you live”. Dr. Marcus Martinez beat cancer each and every day. His work here is done, and he will be missed greatly, but he will live on in the community and patients he served and through the friends and family he loved, forever.
The family wishes to thank the nurses and doctors within Southwestern Vermont Health Care. The care and compassion they showed not only Marcus, but Gretchen, over the last several years and especially the last 8 months solidified what a truly special organization SHVC is. They will forever be grateful. Special thanks to Dr. Jim Carroll for not only being Marcus’s partner, colleague, and physician but his friend. He stood beside Marcus throughout his battle, fighting with him and in the end for him. His care and support were a true gift to Marcus. Additional thanks to Kyle DeGraff who was not only a lifelong friend but gave Marcus and his family unmeasurable peace and comfort in his final hours.
Funeral Services will be held Friday August 11th at 1:00pm at Sacred Heart Saint Francis De Sales at 238 Main Street Bennington, Vermont. Burial will follow at St. Mary’s Cemetery in Hoosick Falls. Family and friends may call to the Mahar Funeral Home, 43 Main Street Hoosick Falls NY on Thursday August 10th between the hours of 3pm and 7pm. In lieu of flowers family requests contributions be made to any non-profit organization through the Funeral Home. Organizations closest to Marcus' heart include the Marcus Martinez Find Your Gift Foundation Fund, The Karen and Molly McGovern Fund, The EC Fund, The Ron Jones Fund, and The Hoosick Falls Youth Center.
Time: Aug 11, 2023 12:45 PM Eastern Time (US and Canada)
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Visitation
Thursday, August 10th, 2023 | 3:00pm - 7:00pmWhenThursday, August 10th, 2023 3:00pm - 7:00pm -
Service
Friday, August 11th, 2023 | 1:00pmWhenFriday, August 11th, 2023 1:00pmLocationScared Heart St. Francis de Sales ChurchAddress238 Main St,BENNINGTON, VT 05201NotesTime: Aug 11, 2023 12:45 PM Eastern Time (US and Canada)
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Meeting ID: 862 6626 3184 -
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In Loving Memory Of
Marcus Martinez
December 4, 1971 - August 3, 2023
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