Neil Bardal Funeral Centre | Phone: 204-949-22003030 Notre Dame Avenue Winnipeg MB R3H 1B9 info@nbardal.mb.ca 
MacKenzie Funeral Chapel | Phone: 204-467-2525 433 Main Street | Stonewall, MB R0C 2Z0 info@mackenziefh.com
Neil Bardal Funeral Centre | Phone: 204-642-7124 | 82 5th Street, PO. Box 1889 | Gimli, MB R0C 1B0 | info@nbardal.mb.ca

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Diane Barlishen

Diane Barlishen

Tuesday, July 4th, 2023
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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

Obituary for Diane Rebecca Barlishen

Diane Barlishen (Gottfried), grand lady and family matriarch, passed away peacefully at St. Boniface Hospital holding the hands of her family on July 4, 2023.

Diane was born in Victoria, BC on May 14, 1943, the oldest of six siblings. She spent much of her youth in Gimli, Manitoba, graduating from Gimli High School before attending Manitoba Teacher’s College with her best friend for life, JoAnne Gullachsen. Diane went on to attain Bachelor’s Degrees in Arts and Education, and always emphasized the importance of education to her children and grandchildren. Diane had a lifelong career as a teacher most notably at the HSC Rehabilitation Hospital, Isaac Newton School, and Southeast Collegiate. Many of her students came to see Diane as another parent, staying in close contact with her for many years after.

Diane was pre-deceased by her loving husband, Frank Barlishen, on May 2, 2021. Frank and Diane, his ‘sweetheart,’ were the ultimate couple, together for 59 years, married for 57 of them, and raised four children together. In Frank’s own words, “they had a beautiful life together.” Their home on Montrose Street was a favourite gathering place with an open-door policy and an even more open pantry, freezer, fridge, and candy bowl. Visitors staying more than a few minutes always found a meal thrown together and placed in front of them whether asked for or not.

Diane was the wise matriarch to whom family and friends went whenever there was a need for advice in dealing with a problem, and invariably the solutions she offered were the right ones. She taught her children and grandchildren to “leave the world a little bit better than how you found it” and lived her own life as an example of this. She was genuine and honest, with a strength and kindness that deserved much recognition, but expected none. Diane helped many in person or by phone who were in desperate need of advice, a meal, or a bed. She gave them the hope they needed and left them feeling cared for and understood. She had a generous nature and always strived to make others feel comfortable. She was also an avid supporter of Indigenous artists, amassing a modest collection from which she gave select pieces to her children and grandchildren as wedding and housewarming gifts.

Diane loved her role as Grandma and later as Great-Grandma, “GG,” and never missed an opportunity to praise or care for her ‘bright, hard-working and kind’ grandchildren. Sleepovers, sick days, and summer adventures were especially memorable, and her rhyming songs, learned as a teacher, still play on in her grandchildren’s memories. As they got older, her grandchildren continued to enjoy her company as much as she did theirs, often popping by after school or work, or on days off to visit. A favourite activity was sharing stories, complaints, or triumphs with and from Grandma at the kitchen table over a cup of tea, and advice from Grandma was always treasured. She had an excellent memory and was the family historian, as well as the messenger for important family news and gossip. Her special idiosyncrasies, enduring habits, astute observations, strong opinions, quick wit, treasured traditions, and authoritative character will be dearly missed.

Memorable too were the many family birthday parties at the house and cottage with twenty entrees, side dishes, and desserts lovingly prepared. The inevitable leftovers, especially soups, were packaged up for her visitors in whatever container was readily available, including coffee pots, cookie jars, flimsy margarine tubs and old pots, secured with an abundance of plastic shrink wrap.

Diane and Frank’s favourite place was their cottage just north of Gimli, where they enjoyed quiet days on the deck solving crossword puzzles and perusing the newspaper with the sound of the waves in the background. Many family reunions, especially during the Icelandic Festival in August, also took place there. They treasured stays by children and grandchildren at the cottage, enjoying the sounds of laughter from games and swimming, and letting all know when yet another meal was ready by telling whoever was closest to “ring the bell.” Diane also enjoyed special outings with Frank and dear friends Colin and Gwen to South Beach, and having lunch with her International Toastmistress Club ladies.

Some of our favourite moments, memories and traits of Diane include:
- Ensuring that grandchildren had a sucker in one hand and an ice cream cone in the other.

- Sneaking Tim Horton’s and candy snacks in loud packages into movie theatres.

- Trips to Valleyfair where Grandpa and grandchildren rode the “Antique Autos” while she fearlessly went on the “Wild Thing” rollercoaster with those brave enough to go with her.

- Ensuring her freezer was always packed to overflowing with whatever was on special from No Frills, resulting in the annual not-to-be missed Frank-Diane freezer argument.

- Shopping expeditions to Grand Forks where she could spot a clearance rack from the parking lot, followed by margaritas, deep-fried ice cream and sopapillas at Paradiso.

- Speed reading dozens of books at her kitchen table in one week.

- Treating herself to KFC gravy, hot and sour shrimp soup, Walmart samosas, or a BK Whopper if she had a coupon or a winning afternoon at VLTs.

- Making the best soup, perogies, scalloped potatoes, cinnamon toast for late nights at the cottage, sweet and sour pork, deep fried pickerel, chicken wings, cookies . . . “honest, it’s good.”

- Checking the horoscope in the newspaper to see if it’s going to be a “five-star day.”

- Resilience in surviving a serious heart attack in 2012 to enjoy many more years with Frank before his passing, and two more years thereafter carrying on courageously on her own with support from her children and grandchildren, who themselves will continue to strive to make her proud with her memory in their hearts.

Diane celebrated her 80th birthday at a party surrounded by family and friends at Maximes Restaurant on May 13, 2023, followed by a gathering at her home. Many of these family and friends were with Diane during her final days in the hospital for her to hold their hands with reassurance and love one last time.

She will be greatly missed by her children Kim (Mark), Chris (Wendy), Cam (Melanie) and Craig (Danielle), grandchildren Kevin (Laura), Kira (Antoine), Claire, Carter (Denise), Colten, Zoey, Abby, Anders and Everly, great grandchild Lily, niece Karen (Christophe) and grandnephews/honorary grandchildren Calvin and Simon, and brothers Jack (Gloria), Ronald, Kurt (Barb) and families. Other special people include JoAnne, Bernice, Colin and Gwen, Paul, Steve and family, Stacie, Shirl, Cousin Carol, and her lunch ladies. She joins her husband, Frank, at the kitchen table with parents, John and Fjola, sisters Brenda and Susan, brother-in-law Bob, and dear friend Sylvia.

Grateful thanks to the kind and dedicated health care teams on 4E and 7A South, St. Boniface Hospital.

The family will be having a private service in Gimli.

Condolences may be shared through https://www.neilbardalfuneralhome.com/local-obituaries and donations may be made to Rossbrook House or Jocelyn House Hospice.

‘Be good.'

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SL

Steve St. Louis

It's a challenge to pay tribute in words to someone who has loomed so positively in your life for over four decades. As far back as I can remember, Mrs. B had a calming, steady presence; she made you feel comfortable just the way you were, and there was no question that she cared deeply about her family, her students, her friends, and her kids' friends. 
She and Mr. B always made their home, cottage, and pantry a welcoming place. Even though my visits throughout junior high and high school probably increased their grocery bill, I never got my hand slapped for raiding the canned spaghetti in the lazy Susan, or helping myself to the sweets in the sin bin. And years later, once I had my own family, she fed them too, and sent us home with containers full of tasty leftovers.

She made things seem so effortless. The years of family events (birthdays, holidays, etc.) featuring dazzling buffet tables of delicious food and desserts would make a person think that she hired a catering company. But it was just Mrs. B, quietly preparing and cooking and plating food, all the while keeping tabs on the conversations and engaging with all of the guests. 
I'll echo what the grandchildren have said about how easy it was to talk with Mrs. B. From current events in the news, to my own personal issues, to a bit of family gossip - she always made the time and space to listen and give you little drops of wisdom or advice without being pushy. And she was a world class listener. She definitely had the ability to sense when something might be amiss in your world. And she'd say "what are you thinking about?" to get the conversation flowing. That calm, steady presence again that made you feel safe and empowered to do a little venting. There was no judgment from her. 
A lot of things just aren't the same now that she and Mr. B aren't here. But, because they had such a strong presence and positive influence in everybody whose lives they touched, they'll always be here with us in the memories, in the cottage, in the Indigenous art that we encounter, in the pots of tea and ash trays we may come across, in future family gatherings, in the stories we share, and in the words of wisdom they gave us.
To Kim, Chris, Cam and Craig - my deepest condolences. Thank you for being so unselfish in sharing your mom's love. 
I'll miss her sense of humour, her chili, perogies, and soup. But most of all I'll miss her.
And don't worry Mrs. B -  we will always strive to "be good."
Comment | Posted at 03:55pm via Condolence

Antoine Allard

Diane was truly one of a kind, an amazing mom, grandma, and person. I feel extremely lucky that I was able to get to know her and spend time with her. She would always surprise me by remembering small things I had told her about… things most other people tend to forget about. She made you feel very welcome and like you were part of the family with the small things. I know I’ll always remember the cottage weekends, the family gatherings at Diane’s house, sitting and chatting at her kitchen table. She did so much for so many people. She will be forever missed and never forgotten. ❤️
Comment | Posted at 04:48pm via Condolence
KS

Kevin Sagan

There are so many memories over the years as one of the grandchildren – from outings and adventures early on, to the conversations in more recent years, and all the family time throughout. Grandma always supported our goofiness and encouraged our uniqueness, while challenging us to grow, to step outside our comfort zone, to be brave and maybe even have a little fun. She gave her grandkids so many opportunities to spend time together as cousins - and we are better for that.
There was always comfort, acceptance, and interesting conversations when sitting with Grandma at the kitchen table or on the deck at the lake. Grandma could put things in perspective like no one else. There are quips that will always stay with me, and they highlight some of the qualities I respected most in Grandma. Her humility (“Well aren’t I special”); her pragmatism (“This too shall pass”); her self-assuredness (“Don’t worry about what other people think – they are too busy worrying about themselves”).
When I think of Grandma, I think most of family. The large, loving family that Grandma and Grandpa built and put so much time and effort into nurturing. That example Grandma set will live on in this family. As we sang at her 80th birthday party - hearing the laughter of our family ring, this was one of Grandma's favourite things.
I am lucky and proud to have had such a wonderful Grandma.
Comment | Posted at 11:48pm via Condolence
IT

Isabel Tymofichuk

I had the pleasure of working with Diane at Isaac. She was a wonderful teacher with a wicked sense of humour which was enjoyed by the entire staff. Wish we had spent more time together after retirement.
Comment | Posted at 12:18am via Condolence
KS

Kira Sagan

Grandma was a very special lady, I wish she was still here and could've lived forever, but I'm so grateful we got as much time with her as we did. She was not just an amazing grandma (and she truly was the best), she was also an incredible person, there was no one quite like her. She was funny, intelligent, intuitive, generous, strong, and wise. She was my favourite person to talk with, about sad things, happy things, major life things, little update things, the weight of the world, silly gossip. She had many stories from her lived experience, moving to Thompson with Grandpa, teaching her students, meeting artists, growing up on the farm, raising her own children, her adventures with JoAnne. In my choices, in who I am as a person and how I live my life, I always want to make her proud. She gave invaluable advice, which was honest, witty, opinionated, and put things in important perspective. The kitchen table, her ashtray, and her pot of tea are infamous and will always be associated with comfort and openness, a haven of guidance and support. I told her that for the rest of my life, I will still need to talk to her, so I hope she’s still listening. I’ll see her and think of her everywhere, in monarch butterflies, in KFC gravy cups, in a pack of Number Seven Originals, in the clearance section, in crosswords and the newspaper, in artwork and books, in the waves at the Lake, in Leonard Cohen and Harry Chapin songs, in new babies, in perogies and cabbage rolls. She recently was talking to me about how having grandkids and watching them grow up into themselves is the best part of getting older. She’s always shown her love to us in many ways- playing with our hair, never forgetting our birthdays, asking about our lives, taking care of us on sick days and daycare days, and always always keeping us well fed with good food. She wanted us all to be happy, to be taken care of, to have some fun, and of course, to be good.
+4
Comment | Posted at 04:16pm via Condolence
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