Terms & Conditions for the Trace Service (effective from April 28th 2013)

The Trace service is provided subject to the following terms and conditions:

This Website (the "Website") which is located at tracechecker.com is owned and operated by Recipero Ltd ("Trace," "we," "us," or "our"). These terms and conditions of use ("Terms of Use") govern the terms and conditions on which registered users ("Members," "you" and "your") may access and use the Website, its content and services (the "Services"). These Terms of Use are updated as of September 15, 2015

By using the Website, you acknowledge that you have read these Terms of Use, understand them and agree to be bound by their terms and conditions. You also acknowledge that you have read and understand our Privacy Policy and consent to Trace' use of your Personal Data as described in the Privacy Policy (including, with respect to Members resident in the European Union, and the transfer of your Personal Data outside the European Economic Area). If you do not agree to these Terms of Use or the Privacy Policy, you should not access the Website, use the Search and/or Report Service (as hereinafter defined).

Trace searches its own database together with several other publicly available databases for information on any Items (as defined below). We refer to these databases collectively, as the "Databases".

1.    Services

1.1. Trace operates a Database of information relating to items of value ("Items"). These Items may be identified as:

1.1.1.   Stolen - Those Items reported as stolen to a bona fide governmental law enforcement agency ("Reporting Agency") and either reported to Trace by the Reporting Agency or publicly reported as stolen to Trace and then verified as accurate through the Reporting Agency.

1.1.2.   Citizen Reported Stolen - Reported by a member of the public; however, Trace was unable to authenticate the report with the Reporting Agency.

1.1.3.   Commercial Lost - An Item that was unlawfully taken from the inventory of a business caused primarily by shoplifting or employee theft.

1.1.4.   Looted - Cultural property that was illegally taken from the owner, pillaged during war or occupation, or unlawfully exported from the country of origin.

1.1.5.   Lost - An Item that is missing, usually through the actions of the owner or another where there is no known criminal intent of an action to deprive the owner of the Item.

1.1.6.   Seized or Found - Police agencies may post property on Trace that is in their custody as seized or Found. Searchers will be notified of the property status when they conduct a search, or enter items into the system with another status, such as stolen.

1.2. Trace will endeavor to make its Databases available to you in accordance with these Terms of Use for searching at least 90% of the time but it cannot guarantee such availability. Occasionally, including in the event of planned maintenance or events beyond Trace control, access to the Databases may temporarily be restricted. In these circumstances, Trace endeavors to restore the Search Service to you as soon as possible. Trace shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.

Users

1.3. Trace is a free service for users who are members of the general public or employee"s of government agencies in accordance with the terms set forth herein. Commercial Users (as defined below) are prohibited from using Trace. A description of the foregoing categories of users follows below:

1.3.1.   Members of the General Public - Users not engaged in the business of selling second hand property who search the Trace Database to insure Items they are interested in have not been reported to Trace as stolen, seized, or lost ("Public Users"). Users may be categorized as Public Users even if they on occasion sell, trade, or barter searched items for a profit, so long as they are not generally in the business of selling second hand property. These Public Users can search the Trace Database 25 times each calendar month for free.

1.3.2.   Government Agencies and their Employees - Users identified as searchers by police agencies or members of government with a responsibility or need to conduct due diligence services can sign-up their agency with Trace and identify those searchers needing access. Subject to said registration, government agencies and their searchers will have unlimited number of searches in Trace for free.

Users set forth in Sections 1.3.1 and 1.3.2 above are collectively referred to herein as "Free Users."

1.3.3.   Commercial Users - Any user who engages in the business of, or acts as an agent for another engaging in the business of, selling or buying second hand property ("Commercial User") or purporting to provide whether free or in return for any fee a check against The Database. For these purposes, a Commercial User is a person or company that buys, accepts, or consigns the property of others with the intention of selling/re-selling that property for profit or offers to a 3rd party the ability to search The Database. Commercial Users are not allowed to use the Search Service for free and should seek a commercial relationship at www.checkmend.com/us instead.

1.3.4.   Misuse - It is expressly forbidden to use any form of automated machine access to this website in order to obtain search results for any purpose. This includes but is not limited to 'screen scraping' of content and automated form submission. The site is intended for human interative use only and any other use will constitute a misuse under these terms and possibly contravention of copyright. Trace reserve the right to bring the full weight of the law to bear on any individual or company who indulges in such practices. trace additionally reserves the right to store IP addresses and to link these with account names and to monitor, analyse and act upon such logs to enable it to take effective action against transgressors.

2.    Registration

2.1. By registering as a user of the Trace search service (the "Search Service") you may search against the Databases in the categories available, based on the description, or a serial number of Items.

2.2. On registration, Trace will require you to select a username and password that will enable you to use the Search Service. You are responsible for the safekeeping of your username and password. You must notify us promptly if you lose your username and password or someone else gains access to them.

2.3. Your personal details required during registration may be shared with the police anytime Trace believes the sharing of information is appropriate for the recovery of an Item or to aid in an investigation of a theft. The searcher has no expectation of privacy of his/her data in relation to the police and/or any other enforcement agency, when searching Trace Databases.

2.4. Free Users are prohibited from conducting searches on behalf any user that by nature of the search would be classified as a Commercial User.

3.    Reporting an Item Stolen or Lost on Trace

3.1. Any bona fide governmental law enforcement agency may register with Trace and enter Items into the Database as stolen, lost, or seized.

3.2. If a member of the public reports an Item stolen on Trace, we will ask you to supply a crime or incident reference number you received from the Reporting Agency, as well from the appropriate local law enforcement body before you may add the Item to the Databases as stolen. Trace at its discretion will then:

3.2.1.   Send an electronic notice to the Reporting Agency and request validation of the supplied fact(s).

3.2.2.   If the report is verified as stolen by the Reporting Agency it will be entered into the Database as Stolen.

3.2.3.   If the Reporting Agency advises Trace the report is either false or inaccurate the report will not be entered into the Database.

3.2.4.   If the Reporting Agency verifies the report, but requests the Item not be publicly available for a legitimate law enforcement reason, the report will not be entered into the Database.

3.2.5.   If the report is not acknowledged by the Reporting Agency within three business days, the Item(s) reported stolen will be entered into the Database as Citizen Reported Stolen.

3.3. Any business may register with Trace and enter Items into the Database as Commercially Lost. Items eligible to be entered as Commercially Lost are those Items owned by the business and lost through internal inventory shrinkage, employee theft, unexplained loss, or external theft.

3.4. In all cases, even if the law enforcement authorities have not been notified that an Item is lost or stolen, they may be notified by Trace or a user of the Search Service who comes across an Item and who suspect it of being stolen or lost.

4.    Searching the Database

4.1.   Trace provides the Search Service to allow users to search its Database of Items reported as lost or stolen.

4.2.   Trace cannot guarantee that the Item will form part of a Match Report (as described below) or if it does, that the search is in fact your Item and neither can Trace identify the user who reported the Item stolen and whether such report is true and accurate.

4.3.   The absence of an Item in the Databases does not guarantee that such Item is not stolen, seized or lost. In addition, the presence of any Item in the Databases does not guarantee that such item is indeed stolen, seized or lost.

4.4    All searchers agree that they fully understand that any information provided by Trace system should not be relied upon for any action other than refusing to buy any item which the searcher feels may match an item reported stolen. Any other actions should only be taken after further investigation and corroborative evidence is obtained.

5.    Match Report

5.1. After a search has been made on the Website, Trace will generate a Match Report identifying:

5.1.1.   The unique serial number ("USN") of an Item in the search criteria which matches the USN of an Item on the Databases; and/or

5.1.2.   The text contained in a description of an Item in the search criteria which matches the text contained in a description of an Item on the Databases; and/or

5.1.3.   If applicable, the image of an Item on an electronic file which matches the image of an Item on the Databases.

5.2. The Match Report is automatically generated, and its accuracy will depend, among other things, on the criteria you enter. Items showing on the Match Report will not necessarily match all of the criteria entered and the Match Report must be reviewed by you to identify likely matches or suspect Items.

6.    Reporting Suspected Stolen Items

6.1. If an Item you are searching appears in the Databases as an Item reported on a third party website, you should report the match to Trace using the reporting facility on the Website. Trace will then report it, using the third party website or, at Trace's discretion, Trace will report it to any other relevant third party. As Trace makes no guarantee as to the accuracy of the information and the reports on [its Website and] any third party website, you are strongly advised not to report the match to the third party directly.

6.2. You should, in any case, follow the guidelines issued by any applicable trade organizations as a minimum standard of due diligence and good practice and any legal requirements applicable to you.

6.3. Trace may operate an automatic reporting facility. In the event a user of the Search Service receives a Match Report, where the USN, Make and Model of the Item searched is returned as identical to the searched Item then Trace may report that match automatically to the authority that reported the Item stolen to Trace without further contact or consent of the user of the Search Service.

7.    Contents of Databases and Limits of Searching Process

7.1. The Databases consist of information provided by users and other third parties (including third party websites). The information on the Databases may therefore be incomplete inaccurate, false or out of date.

7.2. Please note that the ability to search the Databases correctly is dependent, among others, on the accuracy of the information contained in the Databases and the data submitted to the search criteria. To the extent that the search criteria does not provide sufficient data, the ability of the Databases to show matching Items may be limited.

7.3. Not all property that is stolen is reported and much of what is reported does not contain unique identifying numbers. A negative response to a query in Trace does not mean the Item is not stolen, seized or lost and Trace makes no warranty of clear title or ownership of an Item. Therefore, the absence of an Item in the Trace Databases and/or in any third party website does not guarantee that such Item is not stolen, seized or lost. In addition, the presence of an Item in the Databases and/or in any third party website does not guarantee that such Item is indeed stolen, seized or lost.

8.    Third Party Websites

8.1. Some of Trace's search results are gathered from third party websites. Such results will be indicated clearly on the results page. To obtain more details on such results you will be directed to the relevant portion of the third party site.

8.2. Trace is not responsible for the availability or content of any third party website or material you access through its own Website. If you decide to visit any third party site, you do so at your own risk and such visit is subject to the terms of use of such site and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

8.3. Trace does not audit or verify any third party websites or material. Access to third party website or material available via the third party website does not imply an endorsement of, or affiliation or association with, that website or material and should not be interpreted as such. Trace gives no guarantees as to the accuracy of any information provided by the third party website including any material that appears on the Website that originated from the third party website.

8.4. TRACE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, MATERIAL, ADVERTISING, PRODUCTS, SERVICES, OR INFORMATION ON OR AVAILABLE FROM THIRD PARTY WEBSITES. ALL LIABILITY FOR ANY DAMAGE, LOSS OR OFFENSE CAUSED BY OR, IN CONNECTION WITH, ANY CONTENT, MATERIAL, ADVERTISING, PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON SUCH THIRD PARTY WEBSITES OR IS HEREBY EXCLUDED AND DISCLAIMED TO THE MAXIMUM PERMITTED BY LAW. ANY TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS ARE SOLELY BETWEEN YOU AND THE RELEVANT PROVIDER OF THE SERVICE, INFORMATION, MATERIAL, CONTENT, PRODUCTS OR GOODS.

8.5. All rights in any logos, trademarks, images or wording from a third party website which appear on the Website remain the property of that third party Website and are only used to assist owners in identifying their lost or stolen property. Trace makes no claims to ownership of such rights.

9.    Disclaimers and Limits of Liability

9.1. Trace provides a service that enables you to search the Databases according to criteria entered by you. The Website contains information provided by registered users and other third parties that Trace does not verify. Therefore, Trace is unable to warrant that Items on the Database are in fact lost or stolen or subject to third party claims. By using the Website, you agree to accept such risks and agree that Trace is not responsible for any information on the Website, for the Search Service and/or for any action or omission based thereon.

9.2. You should not rely on the information in the Databases as proof of an Item"s ownership nor should you ever take police action based on the information obtained through our Website. In addition, you should not rely on the absence of information and/or Item in the Database.

9.3. If you are considering buying, lending money with goods as surety, acting on the sale of any Items and/or executing any transaction with respect to any Items, you must take your own steps to verify the status of a matching Item. You acknowledge that you are not relying on the Search Service to make any decision, to engage in any transaction, or to refrain from making any decision or engaging in any transaction. You further acknowledge that you have an independent duty to investigate, which goes beyond the use of the Search Service in connection with any transaction which you are considering.

9.4. Trace and/or its Search Service are not endorsed by any third party unless expressly stated.

9.5. TRACE GIVES NO WARRANTIES WHATSOEVER IN RELATION TO THE WEBSITE OR ANY CONTENT DISPLAYED OR MADE AVAILABLE ON THE WEBSITE. IN ADDITION, TRACE EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH RESPECT TO THE WEBSITE, THE DATABASES AND THE SEARCH SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES AS TO FREEDOM FROM COMPUTER VIRUS, WARRANTIES OF TITLE AND WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TRACE EXPRESSLY DISCLAIMS THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR OTHERWISE RELIABLE, THAT DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT OF THE WEBSITE IS CORRECT OR ACCURATE. TO THE EXTENT YOU ARE RESIDENT WITHIN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY OF THE ABOVE-MENTIONED WARRANTIES; THE ABOVE DISCLAIMERS WILL NOT APPLY TO YOU. 9.6. TRACE EXCLUDES LIABILITY AND RESPONSIBILITY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR LOSS OF EXPECTATION OR BARGAIN) THAT MIGHT RESULT TO YOU OR A THIRD PARTY (WHETHER FOR CONSIDERATION OR OTHERWISE) AND WHICH ARISES FROM THE USE OF THE WEBSITE OR THE SEARCH SERVICE, FALSE, INACCURATE OR LACK OF INFORMATION PROVIDED TO THE DATABASE, OR THIRD PARTY AND OPERATIONAL ERRORS EXCEPT WHERE SUCH LOSS IS PROXIMATELY CAUSED BY TRACE" GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR BAD FAITH BREACH OF THESE TERMS OF USE.

9.6. TRACE EXCLUDES LIABILITY AND RESPONSIBILITY FOR ANY LOSS OF WHATEVER NATURE INCURRED BY YOU AND/OR BY ANY THIRD PARTY RELATING TO ANY ARRANGEMENT OR CONTRACT ENTERED INTO OR CONTEMPLATED BY YOU (OR REFUSED BY YOU) WITH A THIRD PARTY BECAUSE OF YOUR USE OF THE SEARCH SERVICE AND/OR WITH THE WEBSITE.

9.7. TRACE' LIABILITY FOR ITS OWN LOSS, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR BAD FAITH BREACH OF THESE TERMS OF USE SHALL NOT EXCEED (A) TWICE THE AMOUNT OF ANY FEE PAID BY YOU TO TRACE IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100 U.S.), WHICHEVER IS LOWER.

10. Your Warranty

By submitting any Items to the Database you warrant that to the best of your knowledge:

10.1. The Item has the status indicated; and

10.2. The Item description is accurate.

11. Indemnity - You agree to indemnify and keep indemnified Trace, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys" and professionals" fees and court costs) arising out of any third party claims arising out of or related to your use of the Website, the Services or any breach by you of these Terms of Use.

12. Dispute Resolution Procedure

12.1. Except in the case of a party seeking injunctive or other equitable relief in connection with the enforcement of these Terms of Use, any dispute between you and Trace or you and another Member arising out of or relating to these Terms of Use, including any disputes relating to the content or use of the Website, shall be finally and conclusively resolved by confidential binding arbitration under the rules then prevailing of the American Arbitration Association. The arbitrator"s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any hearings held in connection with such binding arbitration shall be held at an American Arbitration Association office in the State of Delaware in the United States or in the United Kingdom, at the election of the Member invoking binding arbitration.

13. Notices

13.1. Any notice given under these Terms of Use shall be sent to you by email at the email address you have provided to Trace.

13.2. Notice given under these Terms of Use shall be validly served if sent by post if you have notified Trace that you would prefer to be contacted that way.

13.3. Notices to Trace should be sent to info@tracechecker.com or mail us at: Recipero, 584 Broadway, Suite310, New York, NY10012. USA.

14. Trace will endeavor to respond to you within 7 working days of receiving your enquiry.

15. Governing Law & Jurisdiction. These Terms of Use, including (without limitation) any disputes relating to the content on the Website or the use of the Website, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of Delaware in the United States of America, without reference to its conflicts of laws principles. In the event that you or Trace wishes to seek injunctive or other equitable relief in connection with the enforcement of these Terms of Use, the parties agree to submit to the personal and exclusive jurisdiction of the federal or state courts in or for Wilmington, Delaware in the United States of America.

16. You agree that by use of this website you give us your permission to use any data input on the site or sent to us by you by any other means for the provision of services operated by us in accordance with our privacy policy and terms of use or where applicable separately agreed and documented terms

17. Changes to these Terms of Use. Trace reserves the right, in its sole and arbitrary discretion, to change, modify, add or delete any part of these Terms of Use at any time without further notice. If Trace makes any such changes, Trace will post the changes to these Terms of Use on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Terms of Use. You are responsible for regularly reviewing these Terms of Use so that you will be aware of any changes.


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