Membership Agreement
 

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" pages.

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 and conditions of this Agreement and TrackMyTrains.com's Privacy Policy.

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 page.

 
I. User Responsibilities and Limitations
 
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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 sessions.

  6. 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.

  7. 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.

  8. 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 TO LIABILITY.

  9. 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.

  10. 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.

  11. 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.
  II. Rights, Obligations and Disclaimers of TrackMyTrains.com
 
  1. 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 this topic.

  2. 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 User.

  3. 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.

  4. 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.

  5. Confidentiality. We will disclose information to third parties about your Card account or the transactions you complete with the Card only in accordance with our Privacy Policy, including:
    i
    		 In order to process and complete your transactions, including verifying the authenticity of the transaction;
    ii
    		 In order to comply with government agency or court orders, including proper requests from law enforcement agencies, or to conduct investigations of fraud or violations of our Terms of Use; or
    iii
    		 If you give us your written permission.
          Please see our Privacy Policy for a complete description of our use and protection of your Account information.

  6. 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.
 
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