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James Burns III

James Burns III

Sunday January 31, 1954 - Sunday January 30, 2022
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Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED HEREIN). By using this Website, you signify your acknowledgment and agreement to these Terms and Conditions. If you do not agree with these Terms and Conditions, DO NOT use this Website (as defined herein).

These Terms and Conditions govern the use of the Book Of Memories websites (the "Website") and other services (collectively the "Services"). FrontRunner Professional ("Company," "we," "us," "our") reserves the right in our sole discretion to change, amend or modify (the "changes") all or part of these Terms and Conditions at any time and from time to time for any reason. Any changes to these Terms and Conditions will be noted by indicating the date these Terms and Conditions were last made. Any changes will become effective no earlier than fourteen (14) days after they are posted; provided, however, that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your use or continued use of the Services after the date any such changes become effective shall constitute your express acceptance of the Terms and Conditions as changed, amended or modified.

Eligibility: Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years of age; provided, however, that such parent or legal guardian agrees to be bound by these Terms and Conditions, and agrees to be responsible for such use of the Services. Company reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Donation, or the Services at any time for any reason without liability.

Definitions: In these Terms and Conditions "Campaign Organizers" means those raising funds, and "Campaigns" as their fundraising campaigns. Additionally, "Donors" means those contributing funds, and "Donations" as the funds they contribute. Campaign Organizers, Donors and other visitors to the Services are referred to collectively as "Users". The term "Campaign Organizers" shall also be deemed to include any individual(s) designated as a beneficiary of Campaigns.

Services: The Services are offered as a platform (the "Platform") to Users of the Services. Among other features, the Services are designed to allow Campaign Organizers to post Campaigns to the Platform to accept Donations from Donors. Although there are no fees to set up Campaigns, a portion of each Donation will be charged as fees for our Services and those of our third party payment processors. Company reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance thereof. The Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about use of the Services may be communicated to us.

Charitable Giving: Campaigns are not charities to which you can make tax-deductible charitable contributions. Any Donation you make through the Platform may be processed by an unaffiliated business partner for which a processing fee (in addition to our FrontRunner Professional Fee) is deducted. You understand, acknowledge and agree that Company is not a charity, and Company does not solicit charitable donations for itself or for any third-party charitable institution. Company is merely acting as a payment facilitator for any Donations.

Administrative Platform Only: The Services are an administrative platform only. The Company is merely acting as a payment facilitator for any Donations between Campaign Organizers and Donors, and is not a party to any agreement between Campaign Organizers and Donors. Company is not a broker, agent, financial institution, creditor or insurer for any user. Company has no control over the conduct of, or any information provided by Campaign Organizers, and Company hereby disclaims all liability in this regard. We expressly disclaim any liability or responsibility for the success or outcome of any Campaign. Donors must in their sole discretion make the final determination of making Donations to any Campaigns. Donors are solely responsible for asking questions and investigating Campaign Organizers and Campaigns to the extent they feel is necessary before making a Contribution. All Donations are made voluntarily and at the sole discretion and risk of Donors. Company does not guarantee that Donations will be used as promised. Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, or legality of any Campaign. Donors are solely responsible for determining how to treat their Donations for tax purposes.

No Verification of Campaign Information: We do not verify the information that Campaign Organizers supply, and do not guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by Campaign Organizers. We disclaim and assume no responsibility to verify whether the Donations are used in accordance with any applicable laws.

Your Registration Obligations: You may be required to register with Company in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Campaign Organizers must register using their true identities, including their name and any image purporting to depict the Campaign Organizer. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with (and agree to the terms of) third party service providers (e.g., payment processors or charitable donation processors) in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third party services in order to facilitate the provision of Services (and related third party services).

Public Display of Donations: Donors have the option to publicly display their Donations for public viewing or allow their information to be provided to the Campaign beneficiary(ies). To keep the details of your Donation private, simply click the appropriate checkbox during the Donation process. Please see our Privacy Policy for more information on the ways that we may collect, use, and store certain information about you and your use of the Services.

Payment of Donations: In order to contribute to a Campaign, Donors will be required to provide Company information regarding its credit card (i.e., VISA, MasterCard, Discover or American Express) or other payment method. Donors represent and warrant to Company that such information is true and that Donors are authorized to use the credit card or payment method. Donors agree that a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded. Donors agree to promptly update account information with any changes that may occur and to pay the Donation amount that you specify. Donors hereby authorize Company to bill Donors' credit cards and payment methods in advance on a periodic basis until Donors terminate periodic payments through the Platform.

Fees: Company does not charge Campaign Organizers any upfront fees for Campaigns. Company retains a portion of each Donation contributed to Campaigns in the amount of four percent (4%) ("FrontRunner Professional Fee"). A portion of the Donation is payable to our third party payment processors ("Processing Fee"). Donors acknowledge that by contributing Donations to Campaigns, Donors are agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms and Conditions. The portion of each Donation payable to and retained by our third party payment processors are:

        • US Users ONLY: Third party payment processor charges a fee of 2.9% AND $0.30 per donation for VISA, MasterCard or Discover cards or 3.4% AND $0.30 per donation for American Express cards.

        • CA Users ONLY: Third party payment processor charges a fee of 2.9% AND $0.30 per donation for VISA, MasterCard or Discover cards or 3.4% AND $0.30 per donation for American Express cards.

All Tribute Pay Fees and Processing Fees ("Fees") are deducted directly from each Donation and are not reflected in the amount which Campaign Organizers can withdraw from the Campaign. We reserve the right to change any of the Fees from time to time. If we change any of the Fees, we will provide notice of the change on the Website or otherwise, at our option, at least fourteen (14) days before the change is to take effect. Your continued use of the Services after the change in any of the Fees becomes effective constitutes your acceptance of the new Fees.

Indemnification: You agree to release, indemnify and hold Company and its affiliates and their owners, officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, causes of action, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, your violation of these Terms and Conditions or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR". To the extent you are a resident of another jurisdiction, you waive any comparable statute or doctrine

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, THE REMITTANCE OF ANY DONATION OR PORTION THEREOF TO THE BENEFICIARY OF ANY CAMPAIGNS, OR THE QUALITY OF ANY SERVICES.

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, BUT IN NO EVENT MORE THAN ONE HUNDRED DOLLARS ($100).

EXCLUSIONS: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

DISPUTE RESOLUTION - ARBITRATION (READ CAREFULLY): You agree to arbitrate all disputes and claims between you and Company (including our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns). Notwithstanding the foregoing, either party may bring an individual action in small claims court. Notice of Dispute ("Notice"). The Notice to Company should be sent to 2501 Parmenter Street, Suite 300A, Middleton, WI 53562, Attn: President, with a copy by email to support@tributepayments.com ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within sixty (60) days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms and Conditions, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms and Conditions. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Company and you agree otherwise, any arbitration hearings will take place in Chicago, Illinois. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Introduction

BOOKOFMEMORIES.COM, including mobile applications and related services (collectively the “Site”) is fully owned and operated by FrontRunner Professional, (the “Company,” “we,” “us,” “our”). Company takes your privacy seriously. We feel it is important that you fully understand the terms and conditions under which we use the information we gather from you through the use of our Site. Please read this Privacy Policy ("Policy") carefully to understand how we will use and protect your Personal Information. We will not share your Personal Information with anyone except as described in this Policy. Changes to this Policy will be announced on our Site, so please check back periodically. This Policy forms part of the Company’s TERMS AND CONDITIONS and is incorporated by reference to those Terms and Conditions.

This Policy outlines Company’s general policies and practices for protecting your private information on this Site. It covers why Company collects information, the types of information it gathers, how it uses such information, and the notice and choice affected individuals have regarding Company’s use of and their ability to correct their information. This Policy applies to all personal information received by Company whether in electronic, written, or verbal format.

Company reserves the right to modify this Policy at any time and will do so from time to time. Each modification shall be effective upon its posting to the Site. Your continued use of the Site following any such modification constitutes your acceptance of any change(s) to this Policy. It is therefore important that you review this Policy regularly. If you have any questions concerning this Policy please contact Company at support@frontrunner360.com.

1. Scope

This Policy covers the Site in part and as a whole. However, it does not apply to entities that Company does not own or control, including without limitation, Campaign, advertisers or developers of content. Company may include third-party links on the Site. These third-party sites are governed by their own privacy policies and NOT this Policy. Company therefore has no responsibility or liability for the content and activities of these third-party sites. Please check the privacy policy of any third-party site you interact with on or off the Site.

2. General Policy Provisions

  1. Definitions

    “Personal Information” includes both “Personally Identifiable Information” and “Non-Personally Identifiable Information”.

    "Personally Identifiable Information" refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information is requested when you register with us, make a Donation, correspond with us, or otherwise volunteer information, for instance, through the use of "Contact Us". Personally Identifiable Information may include, without limitation, your name, mailing address, telephone number, e-mail address, credit card number, and other identification and contact information.

    "Non-Personally Identifiable Information" refers to information that does not identify a specific individual by itself or in combination with other information. We gather certain information about you based upon what you view on our Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Site’s Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web (‘Web”). An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop

    “Sensitive Personal Information” means Personal Information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

  2. Notice

    Company shall inform you of the purposes for which it collects and uses Personal Information and the types of non-agent third parties to which Company discloses or may disclose that information. Company shall provide you with the choice and means for limiting the use and disclosure of your Personal Information. Notice will be provided in clear and conspicuous language when you are first asked to provide Personal Information to Company, or as soon as practicable thereafter. In any event, you will receive notice before Company uses or discloses the information for a purpose other than that for which it was originally collected.

  3. Choice

    Company will offer you the opportunity to choose (opt-out) whether Personal Information is to be disclosed to a third party or to be used for a purpose other than that for which it was originally collected or has subsequently been authorized. For Sensitive Personal Information (when applicable), Company will give you the opportunity to affirmatively or explicitly consent (opt-in) to the disclosure of the information for a purpose other than that for which it was originally collected or has subsequently been authorized. Company will treat Sensitive Personal Information it receives from anyone the same as it would treat its own Sensitive Personal Information.

  4. Security

    Company shall take reasonable steps to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. No company is immune from Internet attacks or data breaches. Company cannot guarantee the security of information on or transmitted via the Internet.

  5. Data Integrity

    Company shall only process Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or has been authorized. To the extent necessary for those purposes, Company shall take reasonable steps to ensure that Personal Information is accurate, complete, current, and reliable for its intended use.

  6. How to Access Your Information

    Company offers you choices for the collection, use and sharing of Personal Information. You may notify Company of your preferences, or change any Personal Information, by emailing support@frontrunner360.com. Please be sure to provide complete account information so Company can identify you in its records.

    You may also stop the delivery of future promotional e-mail from Company by responding directly to any email you receive with a request to remove you from the mailing list.

3.Reasons the Company Collects Personal Information

Company collects your Personal Information because it helps deliver a superior online experience, gives you convenient access to the Site for browsing, and allows key features of the Site to function properly. In order to better provide you with this superior level of customer service, our Site collects two types of information (referred to in this policy as "Personal Information") about our visitors: Personally Identifiable Information and Non-Personally Identifiable Information. In addition, your Personal Information helps Company keep you informed about the latest announcements, special offers, and events that you might like to hear about.

4. Information Company Collects About You

Any time a guest or member (collectively “Users”) accesses the Site they receive a “cookie” from Company. Company uses cookies (small pieces of data stored for an extended period of time on a computer, mobile phone, or other device) to make the Site easier to use and to protect both you and Company. These cookies give Company certain Non-Personally Identifiable Information about your use of the Site. You may remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use the Site. Company may also use pixels, widgets and other tools to gather such Non-Personally Identifiable Information to improve the experience of the website or mobile application.

Company may contract with third-party service providers to assist it in better understanding its Site Users. These service providers are not permitted to use the Non-Personally Identifiable Information collected on Company’s behalf except to help it conduct and improve its business.

When you access the Site from a computer, mobile phone, or other device, Company may collect Non-Personally Identifiable Information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about the user base as a whole. Company will not use the information collected to market directly to that person.

Company keeps track of some of the actions you take on the Site such as member profiles and pages you view. Even if you do not provide certain information, Company may obtain it from you profile or the pages of its Site that you visit. Company may retain the details of connections or transactions you make on the Site.

5. Information You Provide to Company

To become a User, Company shall collect certain Personally Identifiable Information, which you are required to provide. Information that is not required shall be deemed voluntary and you may provide such information, although not mandatory.

While using the Site, you may provide text, files, images, photos, videos, location data, or any other materials (collectively “Content”) to Company by uploading, posting, or publishing the Content on the Site. Frequently, Content you place on the Site will contain a picture of your face. Company may retain the details of connections or transactions you make on the Site.

Where applicable, when you interact with other Users on the Site, you may provide other information about yourself, such as political or topical views, religious affiliation, or marital status. Any information in a public forum is accessible by anyone, including people who are not members of the Site. Please be aware they may share information you give them with other Users you may not know. They may also share the information outside the Site without your prior approval. Company does not have control over the actions of its Users and accepts no responsibility or liability for their actions. Please keep this fact in mind when using the Site, and use care when disclosing Personal Information to other Users of the Site.

Company may also collect information from ads you click on when using the Site. Company may also keep track of links you click on in e-mails you receive from Company. This is done to increase the relevancy of the ads you see.

6. How Company Uses Your Personal Information

Company uses the information you are required to provide to become a User in order to insure you are over the age of thirteen (13). THE SITE IS NOT MEANT TO BE USED BY ANYONE UNDER THE AGE OF THIRTEEN (13). If you are under thirteen, please do not attempt to register with the Site or send Company any Personal Information. Company may also use your age information to be sure you receive an age appropriate experience while using the Site.

Company will use the information it collects to provide, without limitation, services and features to you and facilitate payment for any Donations between Campaign Organizers and Donors and provide information to Campaign Organizers and Campaign beneficiaries. Company will also use the information to measure and improve the Site, and to provide you with customer support.

Company may contact you with new or updated products or services, designs, routes, surveys, or other related announcements from time to time. You may opt-out of all communications except essential updates. Company may include Content in the e-mails sent to you.

Certain software applications and applets transmit data to Company. Company may not make a formal disclosure if it believes its collection of and use of the information is the obvious purpose of the Site or its related application. If it is not obvious that Company is collecting or using such information, it will disclose its collection to you the first time you provide the information.

Company may use the information collected to prevent potential illegal activities. Company may also use a variety of methods to detect and address anomalous activity and screen content to prevent abuse.

Company may use your information to serve you personalized advertising. Company does not share your information with advertisers without your consent. Company allows advertisers to choose the characteristics of Users who will see their advertisements. Company may use any of the Non-Personally Identifiable Information it has collected in any fashion to select the appropriate audience. Company will not tell the advertiser who you are as part of this process. When you interact with an advertisement there is a possibility that you may receive a cookie from the advertiser.

7. How Company Shares Your Information

Company shares your Personal Information with third parties when it believes you have permitted such sharing, that it is reasonably necessary to offer services, or when legally required to do so. Company will not share your Personally Identifiable Information with third parties in a way that it thinks violates your privacy. The following non-exhaustive list contains examples of how Company shares or could share your information:

  1. If Site allows you to invite a friend to join the Site or become a User, and you choose to do so, the invitation will contain information that will allow your friend to identify you. The invitation may contain information about other Users your friend might know.

  2. Certain information you provide to Company may be shared by using the Site’s search function. This allows other Users to locate your profile and it allows new Users to find people they know on the Site.

  3. Company provides some public information to search engines. This information allows search engines to locate the Site. It also allows people to locate you on the Site using a major search engine. This does not mean all information you post on the Site may be accessed using a search engine.

  4. There are also times when Company may make certain Personal Information about you available to strategic partners or third parties. These companies may help Company process information, render services to you, manage and enhance customer data, provide customer service, assess your interest in products and services, or conduct research or satisfaction surveys. Without such information being made available, it would be difficult for you to use Company's Site and services.

  5. Company may also share Personal Information when it has a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect itself and you from people violating the Terms and Conditions of the Site. This may include sharing information with other companies, lawyers, and courts or other government entities.

  6. Company may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if it has a good faith belief that the law requires such a response. This may include requests from jurisdictions outside of the United States if Company has a good faith belief that the response is required by law under the local laws in that jurisdiction, is applicable to users from that jurisdiction, and is consistent with generally accepted international standards.

  7. Company may disclose analyzed data in the form of purchasing trends or statistical data. No Personally Identifiable Information will be attached to this disclosure.

8. Business or Asset Transfer or Sale

Company may be sold, sell or buy businesses or assets of businesses, or merge with another business. In such transactions, Personal Information generally is one of the transferred business assets. Also, in the event that Company, a line of business of Company, or substantially all the assets of Company are transferred, Personal Information may well be one of the transferred assets. Company will make a reasonable effort to provide notice on the Site, and to notify you via e-mail to the most recent e-mail address that you have provided of any such change in ownership or control of your personal information.

9. Miscellaneous

  1. Privacy of Children

    YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE SITE OR USE ITS SERVICES. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS ANY OF COMPANY’S SERVICES FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF COMPANY’S SITE AND SERVICES, NO INFORMATION OBTAINED BY COMPANY FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT MONITORED AS DOING SO.

    Protecting children’s privacy is especially important to Company. Company does not knowingly collect Personal Information from children under 13, but because some information is collected electronically, it can appear to be the Personal Information of someone over the age of 13, and will be treated as such by this Policy. If a child under 13 submits Personal Information and Company learns that Personal Information pertains to a child under 13, it will attempt to delete the information as soon as possible. It is Company’s policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, Company restricts the Site and all other provided services to persons 18 years or older.

  2. Agreement with Policy and Continued Use of Site

    Unless stated otherwise, Company’s current Policy applies to all information that Company has about you, your account, and access to the Site. By using the Site, you consent to this Policy and having your Personal Information and data transferred and processed as described.

Obituary

Rev. James E. “Jimmy” Burns was born to his parents, Rev. and Mrs. James E. Burns, Jr. on January 31, 1954, in Tyler, Texas, and passed from this life January 30, 2022, at his home in Winnsboro, LA, one day short of his 68th birthday. His ‘going home’ celebration will be in the chapel of Young’s Community Memorial Funeral Home on Friday, February 11, 2022, at 12:00, with Rev. Kenny Johnson, Rev. Clyde Walker, Rev. Glinda Kelly and Rev. Jim Kelly officiating. Visitation will begin at 10 AM until time of service. Burial will be at Oak Grove Cemetery in Winnsboro, LA under the direction of Young’s Community Memorial Funeral Home.
Jimmy was preceded in death by his parents, Rev. James E. Burns, Jr. and Opal Mae Burns of Winnsboro, LA; one sister, Kelly Michelle Burns also of Winnsboro; one niece, Carrie Bernice Hatten and one nephew, Keith Allen Sikes.
Survivors left to cherish his memory are his sisters, Paula Lambert and husband Hollis of Winnsboro; Jackie Cloutier and husband David of Winnsboro; nephews, Aaron Lambert, Chris Lambert; great nephew, Blaine Lambert and a new addition he didn’t have a chance to meet……great-great nephew Rowen. Also, one very fond niece, Falisha Cloutier; two half-sisters, Joyce Hatten and husband Bill of Dexter, Missouri; Martha Gayle Sikes and husband Jerry of Swartz, LA; one half-brother, Richard Burns of Rayne, LA and a host of church family and friends.
Jimmy has been in the ministry since he was 15 years old and pastored Faith Tabernacle for 21 years. At a very young age the Burns family began to travel and evangelize. The children would play and sing, then their dad would preach. The only life Jimmy has ever known was behind a piano, an organ, or a guitar. Yes, you guessed it….. he mastered them all. He loved God and his music with all his heart and soul. That is why at the passing of his dad in 2001, he stepped up as pastor to the church his dad had led for many years. He often was heard to remark, “I feel inadequate to fill dad’s big shoes.” But with the help of the Lord, he continued to play his music and love the folks of Faith Tabernacle. When his nephews and niece were born, they became the apple of his eye. “Uncle Mimmie” as you affectionally called him, did his best to leave you with memories of great love of music, and a good example of godly living. So today, the last note has been played….Aaron, Chris, Blaine, and Falisha….giving you instructions to pick up your instrument and play with all your heart, making sure you are finely tuned, because you don’t know when the time will come for us to hear the clarion call, as Brother Jimmy clearly heard, in the early morning hours of January 30, 2002.
“Strike up the band, assemble the choir, another soldier’s coming home. You’ve played your last note on earth.” Matthew 24:31

Pallbearers will by Aaron Lambert, Chris Lambert, Blaine Lambert, Falisha Cloutier, David Cloutier, and Thad Thompson.
Honorary pallbearers will be Chad Ward and Derrick Tillery

Thank You:
Words cannot express how much we thank you for the expressions of sympathy and encouragement you have given during our time of sorrow. We are truly grateful for your friendship and support.
The Burns Family
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GH

Gayle Higgins

Posted at 09:39am
Jimmy’s family was a foster family to my brother (David) and I (Gayle); and, he was my older brother. Jimmy dedicated his life to his father’s ministry. He was kind to everyone, and was the humblest person you could meet. He loved guitars, guns, gospel music, church, and served in churches, weddings, funerals, nursing homes, jails, etc., as one of the most talented, brilliant, gospel musicians around. [Jimmy could have chosen, at one time, to work in Nashville making very good money as a musician in a professional recording studio. He had played some of the music on a professional album for Burl Compton & Kaye Fuller, which they recorded at a studio in Nashville, TN. When the Nashville studio heard Jimmy play, they offered him a job and did their best to try to persuade him to play for them. He turned down the studio’s offer and chose, instead, to continue in the humble ministry supporting his dad’s evangelism.] Jimmy also liked sports cars. One of his favorite cars was a metallic blue Monte Carlo which he kept spotless. I can remember him pointing out other sports cars whenever the family would be traveling, saying "Look at that, daddy…that's a (whatever year) Chevy Super Sport” etc. He also loved reading, such as Louis L’Amour.
There are so many fond memories of getting together with the family and/or church friends and laughing about one thing or another. Jimmy and my younger brother, David, were always cutting up and just being silly. All the time. Even now, I smile remembering how funny things were. Money was always short, but faith in God, love of family and friends, and peace in our hearts was abundant.
We listened to gospel music all the time and, when Jimmy’s dad was not home pastoring the church, they were traveling to other churches to play music, sing, and preach while Jimmy’s mom, sister- Paula (who had married by then), and I, stayed home. When they returned from their many travels, the old van would sometimes break down. Jimmy and his dad could work on anything from plumbing, electricity, to car mechanics. Jimmy and his daddy spent however long it took-sometimes days- under the hood of that old van figuring out which part they needed, and then repairing whatever was broken. Jimmy was the type of person who could fix anything.
The Burns family made radio recordings for the local radio at one time; and, often, I was the time keeper during the recordings. Many times, I was so caught up listening to the beautiful singing and music that I forgot to keep the time. Then, they would have to record that song over again; but, they never fussed about it… however, that could be why they stopped asking me to keep the time after a while. My brother, David, showed me a few guitar chords once, and Jimmy let me play his Les Paul guitar at church. Jimmy was the kind of person who was always willing to help anyone who wanted to learn to play music and taught many to play piano.
The radio recordings Jimmy & the Burns Family made may still be somewhere at the local radio station in Winnsboro. David was on bass guitar, Kaye on drums, Jackie on piano, and Jimmy on either guitar, organ, piano,...you name it. They all sang. Beautifully. Jimmy taught himself to play the steel guitar at one point. That was the only time I ever remember Jimmy saying that some instrument was the hardest thing he’d ever tried to play. In only a short time, he made that steel guitar sound like he had played it all of his life. Jimmy was a self-taught musician who played by ear and could pick up a tune for anything or make an old piano sound like new.
What was so incredible about Jimmy's music, was that, earlier on, he’d had an accident while helping one of his good buddies, Repeat Peavy, move into a rent house. The two of them found a box of old dynamite caps stored in one of the bedroom closets. Not knowing what they were, they lit a match to get a better look. The ones Jimmy was holding in his left hand exploded in his hand, taking off fingers and ripping his hand open. Following a lengthy hospital stay, Jimmy was released but his hand was permanently damaged. The skin grafting caused one finger to be permanently curved while half of his thumb and the ends of two other fingers were missing. According to the doctors, he would never play guitar again. It was during that time he was encouraged, and learned, to play the organ. Of course, Jimmy found some humor in losing half of his thumb and would make children laugh when it appeared he had “pulled off” half of his thumb using his other one hidden behind another finger. He loved little kids and loved making them smile.
Jimmy would speak his testimony on a few occasions in church saying that after he couldn’t play, he continued to bring his guitar to church and set it up in case someone else wanted to play. For a long time, he faithfully brought his guitar and had it set up on the platform near his organ. One night, he had walked outside of the church during the service. He said that suddenly he heard someone playing his guitar, so perfectly, that he immediately wanted to see who it was. He peeked inside the doors but his guitar was sitting on the stand where he’d left it. Thinking he had imagined hearing the guitar music, he went back outside. He said, again, he clearly heard his guitar playing the song written by Dottie Rambo, "He Looked beyond my Faults and Saw My Needs." He looked back in the church but no one had his guitar. Without hesitating, he walked to his guitar, picked it up, and began playing that song. He would tell anyone that was when God worked a miracle for him. He never stopped playing music in the ministry after that and the song became his testimony to others.
His music touched countless lives and will live on in hearts forever. There was no one who could play music like Jimmy Burns but, to his family, he was the brother we all loved. Jimmy was humble and never sought personal gain or glory; but, instead, used his music for the ministry staying faithful to God, and to his Christian beliefs all his life even after his parents passed away. Jimmy’s daddy always said that Jimmy was anointed by God as a musician and anyone who listened to him play, had no doubt about that. Hearing him play music, and the family sing, was an indescribable blessing. Jimmy’s loss is felt by thousands. He will be missed every single day and remembered forever. I’d like to think that he is with his parents right now, playing music in Heaven’s band, and are rejoicing together. When Jimmy’s dad, Bro. Burns, died, we were at the graveside on one of the hottest August days ever at that Louisiana graveside. There came a few moments on that day when, all of a sudden, we heard doves begin cooing and, at the same instant, a cool breeze swept through the tent. I know that we will see our loved ones again as we remain faithful to God in this life.
On Sunday mornings, Sunday nights, and Wednesday nights, we looked forward to going to church. Jimmy backed his dad by steadily playing music in the background as his Dad preached sermons that seem so timely right now, preaching that…”Paul said…If in this life only we have hope in Christ, we are of all men most miserable.” I Cor 15:19 And…” …be ye stedfast, unmoveable, always abounding in the work of the Lord, forasmuch as ye know that your labour is not in vain in the Lord.” I Cor 15:58 Jimmy gave his life to the labor of God and his labor of music and kindness spread God’s love to thousands of people.
We miss you dearly, Jimmy and I pray that everyone whose lives have been touched, and will continue to be touched, will remember what a treasure he gave to the world through his kindness and music. I am forever grateful for the gifts of song and music my brother gave to all.
In memory by foster sister, Gayle Higgins (& husband Todd, and children, Tj and Gracie) May Jimmy (James Edward Burns, III) rest in Christ’s arms of peace and may his reward in Heaven be great.
GH

Gayle Higgins

Posted at 03:01pm
I was fostered in this family for many years and they are just as my own. No finer older brother was there, than Jimmy. He was kind to everyone and one of the most humble persons on Earth. He took time to listen to other people. He loved guitars, guns, gospel music, church, and was faithful to his family in the ministry. He also liked sports cars. One of his favorite cars the metallic blue Monte Carlo he once owned. I can remember him pointing out other sports cars whenever the family would be traveling, such as "Daddy, you see that? That's a Chevy Super Sport." There are so many memories of getting together with the family and church friends spending time visiting. We spent so much time laughing about one thing or another as he and my younger brother, David, were always cutting up. Jimmy once showed me a few chords on the guitar and then let me play rhythm with them in church with his Les Paul guitar in church. At one time, the family made their Sunday morning recordings for the local radio and often I was the time keeper. So many times I got so caught up just listening to how good the music and singing were that I forgot to keep the time. Then, they would have to do that song over again but they never fussed about it. That could be why they stopped asked me to keep the time after a while. But, that's just one example of where we were spending our Friday or Saturday nights: In church somewhere. Those radio recordings may still be somewhere at the local radio station there. Paula or David was on bass, David on guitar, Kaye or David on drums, Jackie on piano, and Jimmy played guitar, organ piano,...you name it. He even taught himself to play the steel guitar and it surprised me when I heard him say it was the hardest thing he tried to learn because he made it sound like he had done it all of his life. The family ministered to many people through music, gospel songs, and Jimmy's dad's ministry. What was so incredible about Jimmy's music, was that he had had an accident while helping Repeat move and they had found old dynamite caps in a closet. A match was lit so they could see what it was and it blew up in Jimmy's left hand. After a lengthy hospital stay he came home and thought he would never play music again, according to the doctors. He gave a testimony many times and said that he would always bring his guitar to church and set it up in case someone came who wanted to play. He was very down about being unable to do what he loved most: play guitar. He told us that he was standing outside the church one Sunday night when he heard someone playing his guitar so beautifully that he peeked inside the doors but his guitar was still sitting there on the stand with no one playing it. He thought maybe he had just imagined it and went back outside. He said he heard it again but much more clear as it played a song written by Dottie Rambo "He Looked beyond my Faults and Saw My Needs." He told us that he looked back in and no one was playing it but he just walked straight to his guitar, picked it up and began playing that song. He never stopped after that. His music touched countless lives and will live on in our hearts forever. There was no one that could play like him. His daddy always said that Jimmy was anointed to play and it showed. To hear him play music and the family sing would make you want to cry or jump up and dance. I think he's doing that right now.
JE

James Ellerman

Posted at 07:17pm
I am in shock. Jimmy and Buddy used to come by the shop to visit with Dad and myself. I know we haven't visited like we did for a while, but he was a very good friend and cousin. Paula and Jackie just know that Ronnie still loves you both. My prayers are with you during this time and always.

A Memorial Tree was planted for James Burns III

Posted at 05:18pm
We are deeply sorry for your loss ~ the staff at Young's Funeral Home
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