IMPORTANT - PLEASE READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE (INCLUDING THE SALES AND REFUND POLICIES BELOW) BEFORE ACCESSING, USING, OR MAKING A PURCHASE OF SERVICES AND PRODUCTS ON phone.trackileo.com (“SITE”). THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (see Section 12), LIMITATIONS OF LIABILITY, AN EXCLUSIVE REMEDY (see Section 13), AND A REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS (see Section 15). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR MAKING A PURCHASE THROUGH THIS SITE.

Trackileo, a Denver corporation, doing business as "Trackileo" ("Trackileo"), in connection with the purchase of a membership plan (“Membership Plan”) provides access to the background information services ("Services") on the Site.

THIS IS A BINDING AGREEMENT. These Terms and Conditions of Use and Terms and Conditions of Sale (collectively, the “Terms”), together with our Privacy Policy (available at http://www.trackileo.com/privacy-policy) and our Limited Data License (“Limited License”), which is available at http://www.trackileo.com/limited_license, represent the legally binding agreement between you and Trackileo. These Terms govern your access to and use of the information, services, software functionality, and/or materials (“Information and Materials”) provided by Trackileo on or through the Site and your purchase of any Membership Plan. Trackileo is willing to license or allow the use of the Site and the related Information and Materials to you only on the condition that you accept and agree to all of the terms contained herein, and by accepting these terms through the completion of a purchase, selection of a method of payment, and your entry of payment information, you hereby authorize Trackileo to charge the selected payment method and its associated payment account that you have specified for the purchase of one of Trackileo’s Membership Plans.

If you do not wish to be bound by these Terms, Limited License, and Privacy Policy, you must leave this Site immediately. Your further use of the Site will be considered as acceptance of these Terms, the Limited License, and the Privacy Policy.

You may not use this Site if you are not of legal age to form a binding contract with Trackileo. If you are under 18 years old, or if you are not the age of majority in your jurisdiction of permanent residence, you must leave this Site immediately. Trackileo reserves the right to request any buyer of its Membership Plans or user of its Services to provide written proof of age in any form.

Trackileo reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference. You can find the most recent version of these Terms at http://www.trackileo.com/terms-of-use. Trackileo will post a notice on its home page that these Terms have changed. Use of the Site after such changes constitutes acceptance of such changes.
1) License Grants for Use of Site & Restrictions.

Subject to your continued strict compliance with the terms and conditions of this document, the Limited License, and the limitations below, Trackileo provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use the Site. You may download and print materials and information from the Site solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Trackileo in its sole and absolute discretion; (ii) Trackileo has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Trackileo may, from time to time, engage independent contractors, consultants, or subcontractors to aid Trackileo in providing the Site or use thereof; and (iv) Trackileo has the right to provide the Site to others. In addition, you hereby acknowledge and agree that these Terms provide you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Trackileo transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under these Terms. Trackileo hereby reserves any and all intellectual property rights not otherwise expressly granted in these Terms.

Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Trackileo server, or (d) any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Trackileo’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Trackileo on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information in a manner inconsistent with these Terms; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Trackileo. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT AS PROVIDED IN THESE TERMS, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY Trackileo TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

2) Billing and Services
a) Standard Membership Plans

Reverse Phone by Trackileo offers one standard Membership Plans.

    Standard Membership Plan with a 1-Month Term: For a standard 1-month Membership Plan, the debit or credit card or other payment account you provide will be billed $2.98 immediately upon purchase and $2.98 every month thereafter, unless and until you cancel.

If your payment for a full term is declined due to insufficient funds, Trackileo reserves the right to bill in monthly installments based on the monthly rates associated with the Membership Plan you selected.
b)

Trackileo sometimes offers promotional membership offers or the opportunity to purchase a single report or several reports for an identified price with no further obligation. If you enroll in a nonstandard Membership Plan, Trackileo expressly reserves the right to bill you at the identified price and based on the terms disclosed at the time of you enroll.

Our number one goal at Trackileo is customer satisfaction. If you are ever not satisfied with our Membership Plan and/or Services, feel free to call one of our customer support staff at (720) 310-0741, and we will work to resolve your issue. We're open 24 hours a day, seven days a week (Holiday hours may vary). Refunds are handled on a case-by-case basis with the ultimate goal of complete customer satisfaction.
h) Taxes

All orders are subject to applicable taxes in the states where the member resides.
i) Discounts and Promotions

Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.
j) Billing Errors

If you believe that you have been erroneously billed, please notify our Customer Service Department toll-free at (720) 310-0741 immediately to notify us of such error.
k) Reversals and Chargebacks

Trackileo considers charge backs and reversals as potential cases of fraudulent use of our Membership Plans and/or theft of Membership Plans and will be treated as such. Trackileo reserves the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a customer if there is fraudulent use and or theft of Membership Plans.
3) Orders Placed Through the Site & General Payment Information.

All orders placed through the Site are subject to Trackileo’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order and, if your order is accepted, confirming our acceptance of your order. Trackileo may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Trackileo, Trackileo will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at (720) 310-0741

While we want everyone to be able to enjoy our Membership Plans, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:

    Orders that cannot be processed as a result of incorrect or invalid billing or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
        Incorrect credit or debit card or other payment account information such as card number, expiration date and card security value;
        Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
    Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history; and
    Orders connected to previous credit card disputes.

If your order has been processed, you may obtain a refund on the Membership Plan you ordered pursuant to the terms of our Refund Policy, which is summarized above.

All fees are payable in United States currency. Trackileo offers several methods of payment for you to purchase Membership Plans, including debit cards and credit cards. If you use Paypal, your payment is subject to Paypal’s terms and conditions which can be found at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. Trackileo reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card or any other account used to purchase Membership Plans from the Site. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card or other payment account might have been used in a fraudulent manner to purchase a Membership Plan, please contact our Customer Service Department at (720) 310-0741

By ordering a Membership Plan through the Site, you authorize Trackileo to charge your debit or credit card or payment account accordingly. Please be aware that the descriptor (or subject line) that appears on your billing statement will refer to CHKMATE*INSTANTCHECKMA. If you have any questions about the descriptor on your billing statement, you should call our Customer Service Department toll-free at (720) 310-0741.

Upon prior email notice to you, Trackileo may change its pricing and/or billing practices. If you do not agree with these changes, you may cancel your Membership Plan, but you will remain responsible for payment of any and all fees that you have already incurred. Continued enrollment in a Membership Plan after receipt of such email notice constitutes consent to any and all such changes. If you fail to make any scheduled payment for a Membership Plan, Trackileo may, in its sole discretion, terminate your membership in the Membership Plan.
4) User Obligations

By installing, accessing, or using this Site you hereby represent that you will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide any information to Trackileo via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, Trackileo reserves the right, in its sole discretion, to immediately and without notice terminate your access to and use of this Site and/or cancel any of your pending purchases or registrations with Trackileo. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site are solely at your own risk. While Trackileo has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Trackileo is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
5) Removing Your Information

Due to the nature of public record information, the public records and commercially available data sources used in connection with the Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Services are not the source of data, nor are they a comprehensive compilation of the data. If you would like to remove your information from our Site, please visit our Remove My Info page or contact our Customer Service Department toll free at (720) 310-0741
6) Fair Credit Reporting Act (FCRA) Notice

Trackileo IS NOT A CREDIT REPORTING AGENCY ("CRA") FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.

You may not use any information obtained from Trackileo in connection with its Services to determine a prospective candidate's suitability for:

    Health insurance or any other insurance,
    Credit and/or loans,
    Employment,
    Education, scholarships or fellowships,
    Housing or other accommodations, or
    Benefits, privileges or services provided by any business establishment.

The information provided by Trackileo in connection with its Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. According to applicable law, you are not permitted to use any of this information as a factor in: (a) establishing an individual's eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (c) evaluating an individual for educational opportunities, scholarships or fellowships; (d) evaluating an individual’s eligibility for a license or other benefit granted by a government agency or (e) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including, without limitation, apartment rental, check-cashing, or the opening of a deposit or transaction account. You also agree that you shall not use any of the information you receive in connection with Trackileo’s Services to take any "adverse action," as that term is defined in the FCRA; you have appropriate knowledge of the FCRA; and, if necessary, you will consult with an attorney to ensure compliance with these Terms.
7) Postings and Permission to Use Postings.

The Site, and/or any social media page controlled by Trackileo that is accessible directly through the Site (each, an “Trackileo Social Media Page”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, “Forum”). To the extent the Site and/or any Trackileo Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Site and/or any Trackileo Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:

    anything that interferes with or disrupts the operation of the Site and/or Trackileo Social Media Page,
    statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
    unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
    statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
    statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
    statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Trackileo,
    statements or material that misrepresents your affiliation with any entity and/or Trackileo,
    statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, or
    statements or material that are “off-topic” for a designated Forum.

You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or by otherwise using the Site and/or an Trackileo Social Media Page to transmit or display a Posting, you automatically grant Trackileo, its affiliates, officers, directors, employees, consultants, agents, and representatives, for a period of ten (10) years, renewable at Trackileo’s option, a royalty-free, irrevocable, non-exclusive, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Trackileo and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Trackileo has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Site and/or an Trackileo Social Media Page. You will not be compensated for any Postings used by Trackileo. You agree that Trackileo may publish or otherwise disclose your name in connection with your Posting. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Site and/or an Trackileo Social Media Page, Trackileo has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Trackileo assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
8) Trackileo Intellectual Property.

a) All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, “Intellectual Property”), unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Trackileo and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Trackileo (and/or its third-party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark, Trade Secret and related laws in and to the Services and the data and information that provided in connection with the Services. Except as expressly provided in these Terms, Trackileo does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. The Site is Copyright © 2015 Trackileo and/or its licensors. All rights reserved. Trackileo also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, or materials available through this Site and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Trackileo and/or its suppliers. Trackileo® and all other names, logos, and icons of Trackileo, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Trackileo, and any use of such marks without the prior express written permission of Trackileo is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

b) No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Trackileo.

c) You may browse through the Site and download any information you obtain by using the Services for your own personal use. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.

d) Notwithstanding anything in these Terms to the contrary, Trackileo or Trackileo’s data provider shall own your search inquiry data used to access the Services (in the past or future) and may use such data for any purpose consistent with applicable federal, state and local laws, rules and regulations, and Trackileo’s Privacy Policy.
9) Third Party Sites and Services.

This Site may contain links to other sites owned by third parties, and the Site may contain the advertisements of third parties and/or feature materials, programs, events, products, and services provided by third parties. Your use of each of those sites and third-party materials, programs, events, products, and services is at your own risk and is subject to the terms of those sites. Trackileo has no control over sites, materials, programs, events, products, and services that are not ours, and Trackileo is not responsible for any changes to or content on any third-party sites. Trackileo assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party websites. Statements made on third-party websites linked to or from this Site reflect only the views of their authors and not of Trackileo. Trackileo's inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. Trackileo expressly disclaims responsibility and liability for all third-party sites and all third-party provided materials, programs, events, products, and services contained on or accessed through the Site or on third-party websites, and you agree that Trackileo shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third-parties’ materials, products, and/or services on this Site.
10) Submissions.

Trackileo welcomes your feedback and suggestions about how to improve the Site and/or the events, programs, Information and Materials, Services, and/or Membership Plans of Trackileo. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Trackileo, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Trackileo. In addition, any feedback received through this Site will be deemed to include a royalty-free, irrevocable, transferable, sublicensable, non-exclusive right and license, for a period of ten (10) years, renewable at Trackileo’s option, for Trackileo to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
11) Site Security.

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Trackileo reserves the unqualified right to view, monitor, and record activity on the Site without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site is subject to review by law enforcement organizations in the sole and absolute discretion of Trackileo. Trackileo will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Trackileo reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Site or any portion thereof.
12) Disclaimer of Warranties.

a) Trackileo DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE SERVICES. USE OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND ALL CONTENTS OF EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

b) Trackileo DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. Trackileo IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES.

c) Trackileo DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE Trackileo MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. Trackileo UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

d) Trackileo DOES NOT REPRESENT THAT THE SITE, THE SERVICES OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.

e) YOU ACKNOWLEDGE AND AGREE THAT Trackileo OBTAINS ITS DATA PROVIDED IN CONNECTION WITH ITS SERVICES FROM THIRD-PARTY SOURCES, WHICH MAY OR MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND THAT YOU SHALL NOT RELY ON Trackileo FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED IN CONNECTION WITH ITS SERVICES. WITHOUT LIMITING THE FOREGOING, THE CRIMINAL RECORD DATA THAT MAY BE PROVIDED BY Trackileo IN CONNECTION WITH ITS SERVICES MAY INCLUDE RECORDS THAT HAVE BEEN EXPUNGED, SEALED, OR OTHERWISE HAVE BECOME INACCESSIBLE TO THE PUBLIC SINCE THE DATE ON WHICH THE DATA WAS LAST UPDATED OR COLLECTED. YOU UNDERSTAND THAT YOU MAY BE RESTRICTED FROM ACCESSING CERTAIN INFORMATION AND MATERIALS WHICH MAY BE OTHERWISE AVAILABLE. Trackileo RESERVES THE RIGHT TO ADD MATERIALS AND FEATURES TO, AND TO DISCONTINUE OFFERING ANY OF THE MATERIALS AND FEATURES THAT ARE CURRENTLY A PART OF ITS SERVICES PROVIDED IN CONNECTION WITH A MEMBERSHIP PLAN.

f) Trackileo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13) Limitation of Liability.

a) Trackileo IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE OR SERVICES, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED Trackileo IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.

b) IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Trackileo IS FOUND LIABLE UNDER ANY THEORY, Trackileo'S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100.

c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 12 AND 13. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 17(E) (SEVERABILITY) BELOW WILL APPLY.
14) Indemnification.

You will defend, indemnify and hold Trackileo and its affiliates, their employees, contractors, agents, representatives, shareholders, officers, directors, co-branders, content licensors, and/or other partners harmless from any liability, claim, expense, or demand, including attorneys' fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of these Terms, your violation of applicable laws, or your violation of any rights of another person or entity. Trackileo reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Trackileo in asserting any available defenses.
15) Arbitration and Class Action Waiver.

a) EXCEPT WHERE PROHIBITED BY LAW, YOU AND Trackileo UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND Trackileo, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES (INCLUDING DISPUTES AGAINST ANY AGENT, EMPLOYEE, SUBSIDIARY, AFFILiATE, PREDECESSOR IN INTEREST, SUCCESSOR, OR ASSIGN OF THE OTHER) RELATING TO THE SITE, THE INFORMATION AND MATERIALS PUBLISHED BY Trackileo ON OR THROUGH THE SITE, ANY TRANSACTION OR RELATIONSHIP BETWEEN US RESULTING FROM YOUR USE OF THE SITE, COMMUNICATIONS BETWEEN US, OR THE PURCHASE, ORDER, OR USE OF OUR MEMBERSHIP PLANS, THE INFORMATION PROVIDED IN CONNECTION WITH OUR MEMBERSHIP PLANS, AND YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT 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. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A NEVADA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").

The following procedures shall apply:

i) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein.

ii) In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by Judicate West, and shall be conducted using the then current Judicate West commercial rules and regulations (except as varied by this agreement). The arbitration shall take place in San Diego, CA, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).

iii) Payment of all filing, administration, and arbitrator fees will be governed by Judicate West's rules.

iv) If for any reason Judicate West is unavailable, the parties shall mutually select another arbitration forum.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.

Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Trackileo, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE, SERVICES, OR MEMBERSHIP PLANS.

16) Privacy Policy.

You hereby understand, acknowledge, and agree that the operation of certain portions of the Site and/or the receipt of certain information or benefits may require the submission, use, and dissemination of certain personally identifiable information. Accordingly, if you wish to access and use those areas of the Site, and/or receive such information or benefits, you hereby acknowledge and agree that your use of this Site will constitute acceptance of Trackileo’s personally identifiable information collection and use practices. Please see Trackileo’s Privacy Policy for a summary of Trackileo’s personally identifiable information collection and use practices. Trackileo’s Privacy Policy is located at http://www.trackileo.com/privacy-policy.
17) Miscellaneous.

a) Complete Agreement. The Terms, the Privacy Policy and the Limited License constitute the entire understanding between Trackileo and you respecting use of the Site and its Services, superseding all prior agreements between you and Trackileo. If there is any conflict between these Terms and those in the Privacy Policy, these Terms will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions. If there is any conflict between these Terms and those in the Limited License, the terms of the Limited License will control, except to the extent that these Terms impose additional restrictions and liabilities on your actions.

b) Governing Law; Jurisdiction; Attorneys' Fees. This Site (excluding linked sites) is controlled by us from our office in Nevada, United States of America. Although a purchase or subscription of a Membership Plan from outside the United States is strictly prohibited, the Site can be accessed worldwide. As each of these jurisdictions has laws and regulations that may differ from those of Nevada, by accessing this Site or purchasing, subscribing, or otherwise using the Services, you and Trackileo agree that the laws of Nevada (expect for conflicts of laws principles) will apply to all matters relating to use of this Site. If for any reason, the arbitration provision required above is deemed inapplicable or unenforceable, exclusive jurisdiction must lie with the courts of Nevada in the county of Clark for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of Trackileo and you, including tort claims, the prevailing party will be entitled to attorneys' fees and costs.

c) English Language Controls. These English-language Terms are Trackileo's official agreement with users of this Site. In case of any inconsistency between these English-language Terms and its translation into another language, this English-language document controls. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, or Trackileo’s information and materials, events, Membership Plans and/or Services accessed or purchased through this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

d) Severability. If a provision of these Terms is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of these Terms must not be affected or impaired.

e) Waiver. No failure or delay on the part of Trackileo in exercising any right, power or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under these Terms.

f) Term and Termination. These Terms will take effect (or shall re-take effect) at the time you click “I ACCEPT”, submit information through this Site, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Site, whichever is earliest. Trackileo reserves the right at any time and without notice to deny you access to the Site or to any portion thereof and to terminate your rights under these Terms, in its sole and absolute discretion. Your rights under these Terms will terminate automatically if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Site in your possession. The provisions concerning permission to use postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of these Terms for any reason.
18) ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
19) Contact Information.

If you have questions about these Terms or want to contact us, please send an email to admin@trackileo.com or write to us at: