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Ken Bauman

Ken Bauman

Wednesday, June 29th, 1932 - Wednesday, January 10th, 2024
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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

Hunstein Kenneth Bauman

June 29, 1932 to January 10, 2024

Ken Bauman died January 10, 2024 at the age of 91 due to complications of Pulmonary Fibrosis. .

In his own words, he wrote;

I have gone – permanently – but please don’t fret as I have been wonderfully healthy and active into my nonagenarian (91+) years, although a diagnosis of COPD (Chronic Obstructive Pulmonary Disease) in my 92nd year has somewhat shortened my wonderful life. Now only God and I know if I have gone ‘to a better place’.

Unless we are famous enough to write our own autobiographical book or foresighted enough to prepare our own extensive obituary in advance of our death, we tend to die with only our immediate family even vaguely aware of our most earnest and deepest thoughts and feelings about a life that was lived. Those standardized, syrupy obituaries we read every day leave out many truths and what remains leaves us wanting more. I have tried throughout my life to try ‘to give back’ wherever possible and to always do what I felt was ‘the right thing’. While I feel that I was generally successful, there were a few situations when my true intentions were misunderstood by those involved and unfortunately some relationships suffered. As I travelled through retirement in the fourth and final quarter of my life, I felt compelled to set out a few of my thoughts and feelings about my life as clearly as is possible even though in death, as in life, my observations may please some but upset others. I apologize for neither.

I say that I am in ‘the fourth and final QUARTER of my life’ because on looking back, I have observed that my life has been divided into four approximately 20-30 year periods or quarters (like a North American football game) with each period coincident with the wonderful women then prominent in my life as well as my many other friends and acquaintances with whom I associated but who are now too numerous to list. According to population experts, those of us who were born in the 1930-1946 period are part of the smallest group born since the early 1900’s and in 2024 we are now between 78 and 94 years old, having out-lived 99% of our peer group.

The FIRST QUARTER in my game of life (my childhood and teen age youth) encompassed a period of economic depression and then a period of world war deprivation (of which I have many interesting and vivid memories) and eventual recovery, I was protected from those vagaries by the love and care of my parents. My Mother was the late Beatrice Tabitha Hunstein of Mildmay and Cargill, Ontario (1903-1987, a 1925 graduate operating room nurse from the Kitchener Hospital) and my Father was the late Leander Groff Bauman of Conestoga and Kitchener, Ontario (1897-1984, a long time banker/mortgage department manager with the original Waterloo Trust and Savings Company which became Canada Trust). Their combination of United Church and Old Order Mennonite backgrounds and their many community involvements allowed me to gain an excellent religious understanding and grounding at Zion Evangelical United Church in Kitchener and a sympathetic understanding of other religions and lifestyles. At the age of 8 (to age 18), a KW Record late afternoon paper route revealed to me the economic benefits of business and commerce and a summer job from age 12 (to age 18) with the grounds maintenance crew of rubber industrialist A.R. Kaufman impressed me with the physical benefits of manual labour. Summers between University terms, were spent gaining office experience at the downtown Kitchener CPR train ticket office – thanks to my Waterloo College Business Professor Herman Overgaard. Curling and tennis became my sports of choice in my early teens, both of which I enjoyed throughout my life. I was Treasurer of the Waterloo Tennis Club in the mid-1970’s and because of my competitive curling experience, I was elected President of the KW Granite Curling Club in 1972-73 and went on to become President of the KW Athletic Association (which operated the Granite Club building) in 1977-78.

Four years after my birth (1936), my beloved sister Helen Powell was born and we lived comfortably at the home which my Father had built at 53 Agnes Street in Kitchener, Ontario for my Mother which was completed just prior to my parents’ marriage on August 14, 1928 and a year before the 1929 economic depression.. King Edward Public School (9 years), Victoria School (1 year), Kitchener Collegiate and Vocational Institute (KCI – 4 years) and two years at Waterloo College (now Wilfrid Laurier University) prepared me for two years at the (now Richard Ivey) School of Business) at the University of Western Ontario (now Western University) in London, Ontario where I obtained an HBA Degree in June, 1955. I was also awarded one of three Merit Awards for participation and leadership in many activities during my for university years.

The SECOND QUARTER of my life began in June, 1955 with my first full time job as a finance trainee and traveling auditor with Canadian General Electric in Toronto and Peterborough, Ontario. Marriage in early 1956 to Gale Wills of Kitchener, Ontario (who also attended Western while I was there and who subsequently became a Dr. (of Social Work at the University of Toronto and is now retired in Victoria, B.C.) soon brought two wonderful children - daughter Vicki Gale Evans now retired in Los Angeles, California and son Douglas Kenneth Bauman, now coping with advanced Multiple Sclerosis (which ended a promising piano/music career) at a care home in Victoria B.C. Granddaughter, Lindsay Evans also resides in Los Angeles, California with her partner Nick
Lanata and their son (my great grandson) Vincent. Sister Helen married Thomas Powell on May 24, 1958 and they have three children -Richard (and Kathy) Powell, of Cardinal, Ontario, Sandra Snowden (Mark), of Kitchener and Susan (Jeff) Dyck of Conestogo.. Each couple has two children.

A 1959 job change required a move back to Kitchener, and eventually to the purchase of a new home at 314 Forest Hill Drive and to managerial accounting positions at Raytheon Canada in Waterloo, (during which time I completed the CPA course of study resulting in a CA degree. Subsequent management positions at Kayson Plastics in Preston, Lear Seigler Seating, Dunker construction, a house contractor in Kitchener, Dexter-Lawson in Cambridge, Sunar in Waterloo and the Waterloo Credit Union all prepared me for my best and final job – 11 years as a Senior Business Consultant with the Ontario Ministry of Industry Trade and Technology where I helped manufacturing businesses in the KW, Cambridge, Guelph and Owen Sound/Grey/Bruce areas to access Ontario assistance programs and to help initiate Canada’s Technology Triangle (KW, Guelph, Cambridge) whose work to attract new companies to the area was assumed by the Waterloo Region Economic Development Department.in 2015. My most memorable experience was working with Mike Lazaridis and Jim Balsillie of Waterloo’s Research In Motion (RIM) to help organize seminars to introduce the extremely successful Blackberry cell phone technology to the world. (I have always regretted NOT borrowing every dollar I could find to invest in Research In Motion (RIM)/Blackberry) However, I retired comfortably in July, 1995 at age 63 after 40 years in the accounting, finance and consulting fields.

My THIRD QUARTER began in 1974 with an unfortunate separation (and later divorce).However, I was later introduced to Betty Thompson (through a blind date arranged by long-time friends) and we became ’an item’ for the next 5 years, until marrying in June, 1979 (when I also acquired three step-daughters, (the late Susan Pinsonneault, Pat Thompson-Brewin and Judy Thompson). ‘Miss Betty’s work on CKCO-TV’s Romper Room and her other morning general interest TV programs and community involvements introduced her to Zonta International, me to Rotary International (where we both became local Club Presidents. As a Paul Harris Fellow, I was also acclaimed for 18 years of perfect weekly attendance at a weekly Rotary Club of Kitchener-Westmount meeting), Both of us were able to enjoy the wonders of world travel which we did regularly due to her contacts and my purchase of a 35mm film camera and later a shoulder-mount video camera with which we recorded our travels as program material for her morning public interest programs. Her breast/bone cancer ended my curling activities in favour of her care and it also ended her life on April 9, 1994 less than four years after the diagnosis.

I have been so privileged to have visited at least 70 countries on five of the seven continents (excluding the Arctic and Antarctic). A May, 1972 month-long, memorable family camper van trip from England through France (Loire Valley, Paris), Spain, Monaco, Italy (Venice), Austria and Germany introduced us to the wonders of travel which changed our lives immeasurably. I have walked on China’s Great Wall and have been amazed by the Terra-Cotta Warriors. I have stood in the centre of Moscow’s Red Square and I have climbed Australia’s Uluru (Ayer’s Rock) and Paris’ Eiffel Tower. I have been to the bottom of the Grand Canyon, spent Christmas Eve in Bethlehem, walked Jerusalem’s Stations of the Cross, marveled at the Dead Sea Scrolls, the majesty of Masada, life at a Dead Sea (Ein Gedi) kibbutzim and the architectural marvels of Jordan’s ancient lost city of Petra. I have honeymooned at Niagara Falls, and Morocco and Hong Kong, seen Brazil’s Iguassu Falls and Rio’s Ipanema Beach. I have travelled up the mighty Nile River to the Valley of the Kings and Queens where I visited the tomb of King Tut (and saw his treasures at the Cairo Museum). I have visited the cradle of humanity in Africa’s Rift Valley, floated in a balloon over the migrating animals of Tanzania and glided over Arizona. I have toured throughout historic Britain, Wales, Scotland and Ireland, walked through the Stonehenge and watched Shakespeare performed at both Stratford-on-Avons. The Beaches of Normandy, Greece, Bermuda, Hawaii, Mexico, most of the Caribbean Islands, across the United States (including old route 66) and Canada and more - have all amazed me with their individuality and beauty. However, none of these can match the wonderful times experienced at the cottages and camp sites of Lake Huron – including Grand Bend, Lurgan Beach, Kincardine, Inverhuron, Sauble Beach and Tobermorey as well as the Grandview condo which I owned for ten years in Muskoka near Hunstsville.

The FOURTH and final QUARTER began in 1995 (with overtime a definite possibility) with the renewal of an earlier social friendship with MaryLou Thompson-Westman of Teeswater and Hanover. Our marriage on January 1, 1995 introduced 7 more step-children and 10 step-grandchildren to my family; Gail (and Michael) Walden (Erica and Lucas) of Kincardine, Sandra Thompson (Brin and Riley) of Mississauga, Christine (and Dan) Reio (Olivia and Jackson) of Mississauga, Phillip (and Lynda) Thompson (Cameron and Andrew) of Teeswater, Julie (and Mike) Pootmans (Alex and Jack) of Tottenham, Ontario, Steve (and Angela) Westman (Jessica and Nicole), Lisa (and Jose) Olmedo (Isabela and Erik) as well as sister-in-law Greer Dunlop of Toronto.

With the advent of Mike Harris’ Ontario government downsizing, I took early retirement at age 63 in August, 1995. Within three years, MaryLou and I had expanded her Lurgan Beach cottage into a home and my home (of 35 years) and other properties in Kitchener and the recreational condo at Grandview, Huntsville were sold in exchange for retirement on the Lake Huron beach and winters in Florida. A move to a lake view home in Kincardine in 2001 ended our winter vacations. However, I continued to play tennis at the Kincardine Tennis Club where with friends I started a ‘Come-As-You-Please morning tennis group. A torn Achilles tendon at age 83 ended my sports activities in 2015. However, I continued to manage the Kincardine Tennis Club and was instrumental in having the courts rebuilt and reopened in 2018 by the Town of Kincardine. MaryLou continues to play bridge regularly and assists the local Amish community with some of their transportation needs and with who we developed friendships that we both deeply cherish.

Aircraft and automobiles have always been among my interests although I have never been mechanically inclined. As a preteen child, my bedroom ceiling was covered with hanging model aircraft which I assembled from balsawood kits, especially when I was bedridden and recovering from major ear infections after having had my ear drums punctured to relieve the pressure. In 1967 I undertook my personal Centennial project of obtaining my private pilot’s license which I finally achieved but due to the costs was unable to pursue further.

My first car was a used 1953 Hillman Minx, but in 1959 I purchased a used 1957 Chevrolet Bel Air four door hardtop (robins egg blue and white) which is still touted as the all-time automotive style leader. It was followed by a 1959 MGA sports car and a 1963 Buick Skylark convertible, with a four-on-the floor manual Hurst shifter – which I like to think heralded the ‘muscle car’ era. I later acquired a 1970’s Cougar, before purchasing a white 1976 MGB (convertible) sports car in 1977– which I still own and operate after 47 years.

Pets have also been a happy part of my life. I grew up with three fox terriers (Spotty 1, Spotty 2 and Trixie). Later, Max, a Persian rescue cat was a short term resident, but left us for another home because of our busy lives. MaryLou reintroduced me to the world of cats and dogs with Beau, her brown Lab and her cat Jasmine. Since then, we have enjoyed rescue cats Jazz, Coco, Dali, Dunk, Mick, Pierre, Sarah, Now Maltese sister dogs Molly and Milly along with Amish rescue cats Lizzy, Normy, Pierre, Pietra, Willy and Winny (along with many aquarium and back yard pond fish) comprise our animal family.

Throughout my recent health issues, I have appreciated the excellent help and support of the local medical organizations as well as from many friends. I sincerely thank you all.

With your donations, please remember the South Bruce Health Centre Kincardine Hospital Foundation as it seeks $18 million for further hospital expansions as well as a new MRI suite.
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Service Details

  • Service

    Monday, January 15th, 2024 | 1:00pm
    When
    Monday, January 15th, 2024 1:00pm
    Location
    Davey-Linklater Funeral Home
    Address
    757 Princes Street
    KINCARDINE, ON N2Z 1Z5
    Get Directions: View Map | Text | Email
    Officiant
    Ann Maycock
  • Interment

    Location
    Pine River Cemetery
    Address
  • Reception

    Location
    Davey-Linklater Lounge
    Address
    757 Princes Street
    KINCARDINE, ON N2Z 1Z5
    Get Directions: View Map | Text | Email

Donations

Donations are being accepted for: KINCARDINE AND COMMUNITY HEALTH CARE FOUNDATION.

Condolences

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5 trees have been planted in memory of Ken Bauman
BP

Brad Forwell / Kim Rowland, Debbie Tughan, Dianne Keller, Pa

Posted at 02:23pm
Rest in peace Ken. And thanks for putting up with us as teenage hooligans.

5 trees were planted in the memory of Ken Bauman

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SD

Susan Dyck

Posted at 02:02pm
Whether it was sharing great conversation at family gatherings, rides with him and my dad in the MG along Sauble Beach to get ice cream, or Sunday brunch at the Granite, Uncle Ken always offered a warm smile and welcoming heart. Thank you for all the memories.
DI

Doris Inglis

Posted at 08:28pm
Dave and I send our condolences to Mary Lou and the extended family. Treasure your memories.
Dave & Doris Inglis

Dick Capling

Posted at 03:47pm
It’s been many years since we last met, but my wife and I fondly remember our good times together. I’ve known Ken since the 1940’s. We both attended Zion Evangelical Church. In the 1960’s we had many good times together as married couples, including our trip to Los Vegas in Ken’s new Buick Skylark convertible. Ken hung my painting of the Grand Canyon. Perhaps it’s still among his possessions. We send our deepest condolences to Ken’s family.
VE

Vicki Evans

Posted at 02:28pm
Thank goodness for my Dad's presence on this earth for all of these last 91 and 1/2 years. He touched so many people (and places) along his eventful journey through life and we are all the better for it. Especially my brother Douglas and I. We will carry warm and wonderful memories of him forever, and cherish his legacy of grace, tolerance and kindness for the rest of our lives. You can rest now Dad.. we're good.
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