The following describes
the terms and conditions under which TrackMyTrains.com offers you access
to our services. This Agreement affects your rights, so please read it
carefully. For your reference, we suggest that you print out the Agreement
or copy it onto your computer's hard drive. If you have questions, please
e-mail us at Customer_Support@TrackMyTrains.com.
For additional information about our service and how it works, please
consult TrackMyTrains.com's "About the System" or "Help"
TrackMyTrains.com is a division of X-Site'n Business Concepts, LLC. In
this Agreement, "you" or "your" means any person or
entity using the Service ("Users"). Unless otherwise stated,
"TrackMyTrains.com," "X-Site'n," "we" or
"our" will refer collectively to X-Site'n Business Concepts,
LLC and its subsidiaries, affiliates, directors, officers, employees,
agents and contractors.
By clicking on the
"Accept Membership Agreement" button on the member enrollment
page, you indicate that you have read, understood, and accept the terms
This Membership Agreement
is subject to change by TrackMyTrains.com without prior notice (unless
prior notice is required by law), by posting of the revised Agreement
on the TrackMyTrains.com website. Descriptions of material amendments
to this User Agreement will be posted in advance on the TrackMyTrains.com
website in the "View Membership Agreement" section. You may
review the current Membership Agreement at any time by going to our
View Membership Agreement
I. User Responsibilities and Limitations
- Eligibility. If you are under the age of 18, you hereby represent
that you are using our service with the consent of your parent or guardian.
- Registration Information. You authorize TrackMyTrains.com,
directly or through third parties, to make any inquiries we consider
necessary to validate your registration. This may include ordering a
credit report and performing other credit checks or verifying the information
you provide against third party databases.
- Fees and Services. TrackMyTrains.com is a subscription-based
service. We may change the subscription fees for our services from time
to time. We will not change our fee for a paid subscription during the
current term of that subscription, provided the subscriber is using
the system as intended and within established volume levels. Our changes
to the policy are effective after we provide you with at least fourteen
(14) days' notice of the changes by posting the changes on the announcements
board at the member sign-in site. However, we may choose to temporarily
change the fees for our services for promotional events and such changes
are effective when we post the temporary promotional event on the announcements
board. We may in our sole discretion change some or all of our services
at any time. In the event we introduce a new service, the fees for that
service are effective at the launch of the service. Unless otherwise
stated, all fees are quoted in U.S. Dollars. You are responsible for
paying all fees associated with using our service and our website and
all applicable taxes.
- Passwords. You may not reveal your Member Account password(s)
to anyone else, nor may you use anyone else's Member Account password.
TrackMyTrains.com is not responsible for losses incurred by Users as
the result of their misuse of passwords.
- Single Use. TrackMyTrains.com member access is limited to one
member session per member at any time. TrackMyTrains.com expressly warns
against attempting multiple concurrent member sign-ons or sessions.
We will not take any responsibility for any loss of data or database
integrity caused by a member attempting to operate multiple concurrent
- Personal Use. Our service is intended for use by a single individual,
and, in particular, not a commercial entity. We reserve the right to
create Premier or Business accounts at a higher fee structure for any
user exceeding database record counts or Internet access frequencies
established as reasonable by TrackMyTrains.com. From time to time, TrackMyTrains.com
will review these established utilization level limits as well as the
actual utilization levels of its subscribers. TrackMyTrains.com may
at any time, adjust these levels limits if it is so warranted, based
upon its sole judgment. If in the sole opinion of TrackMyTrains.com,
a subscriber is consistently exceeding these established utilization
limits or using the site for significant commercial activity, it may
require that the user upgrade to a Premier or Business account at a
subscription rate that it shall establish for the subscriber as a condition
of continued membership.
- Utilization Level Limits. At this time TrackMyTrains.com has
established regular membership utilization limits at 5000 item records,
10,000 total records, and 300 member or visitor sign-on sessions per
month. Subscribers who wish to use the site for commercial purposes
or feel they will exceed these established utilization limits for any
reason are encouraged to contact us via email at Corp@TrackMyTrains.com
or choose the "Talk Business!" option of the "Contact
Us" page in the Community section of our web site. We would like
to accommodate large volume users, but in fairness to the majority of
our users, cannot afford to do so without charging higher rates to cover
the costs of supporting large volume or commercial customers.
- Liability Limit. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT
OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE
- Indemnification. You agree to indemnify and hold TrackMyTrains.com,
and (as applicable) its parent, subsidiaries, affiliates, officers,
directors, agents, and employees harmless from any claim, action, demand,
loss, or damages, including reasonable attorneys' fees, made or incurred
by any third party arising out of or relating to your use of TrackMyTrains.com.
- Choice of Law. This Agreement is governed by and interpreted
under the laws of the state of California, U.S.A. as such laws are applied
to agreements entered into and to be performed entirely within California
by California residents.
- Arbitration. Any controversy or claim arising out of or relating
to this Agreement or the provision of Services shall be settled by arbitration
in accordance with the rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. Arbitration shall be conducted in San Francisco,
California. The substantive law of the State of California shall be
applied by the arbitrator to the resolution of the dispute. In any arbitration
proceeding, each party shall have the right to discovery in the manner
provided in Section 1283.05 of the California Code of Civil Procedure.
The parties shall share equally all costs of arbitration. All decisions
of the arbitrator shall be final, binding, and conclusive on all parties.
Judgment may be entered upon any such decision in accordance with applicable
law in any court having jurisdiction thereof.
Rights, Obligations and Disclaimers of TrackMyTrains.com
- Privacy. We take the privacy of your personal information very
seriously at TrackMyTrains.com. We have developed a separate Privacy
Policy, and ask you to review that Policy for more information on
- Closing and Restricting Accounts. X-Site'n, at its sole discretion,
reserves the right to close an account at any time for any reason, including
but not limited to a violation of this Agreement, upon notice to the
- Termination. X-Site'n, in its sole discretion, reserves the
right to terminate this Agreement, access to its website, or access
to our service for any reason and at any time upon notice to you.
- Trademarks, Service Marks and Patents. TrackMyTrains.com, X-Site'n
and all related logos, products and services described in this website
are either trademarks, registered trademarks, service marks or patents
of X-Site'n Business Concepts, LLC or its licensors, and may not be
copied, imitated or used, in whole or in part, without the prior written
permission of X-Site'n. In addition, all page headers, custom graphics,
button icons, and scripts are service marks, trademarks, patents and/or
trade dress of X-Site'n and may not be copied, imitated, or used, in
whole or in part, without the prior written permission of X-Site'n.
- Confidentiality. We will disclose information to third parties
about your Card account or the transactions you complete with the Card
order to process and complete your transactions, including verifying
the authenticity of the transaction;
order to comply with government agency or court orders, including
proper requests from law enforcement agencies, or to conduct investigations
you give us your written permission.
description of our use and protection of your Account information.
- No Warranty. WE, AND OUR SUPPLIERS, PROVIDE OUR WEB SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, AND OUR SUPPLIERS, SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.