Date of last revision: February 13, 2019

YOUR RIGHTS, OBLIGATIONS AND PRIVILEGES:

The following is the Membership Agreement ("Agreement") between the provider of this membership program(“Program”), "Top3BackgroundCheck.com" and "We" and "Our" and "Us" and the enrolled member of this membership program ("You" and Your"). UPON ENROLLMENT, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS MEMBERSHIP AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR MEMBER SERVICE REPRESENTATIVES AT THE NUMBER IN YOUR MEMBERSHIP MATERIALS OR ON THE PROGRAM WEBSITE.

MEMBERSHIP BENEFITS:

As a Member, You are entitled to access discounts and/or other benefits on certain products and services offered by participating vendors ("Benefits"), as explained in the membership materials or on the membership program website ("Program Website" and "Site"). Some Benefits may not be available in Your area. Please see Your membership materials and Program Website for details and limitations. We reserve the right to suspend or end the Program or certain aspects thereof, without prior notice, in Our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in Our sole discretion.

USE OF MEMBERSHIP:

Your membership is non-transferable. You agree that only You and Your Immediate Family may use the membership. "Immediate Family" means You, Your spouse or partner living in Your home. Benefits are not for resale or transfer. You will promptly notify Us if You become aware of any unauthorized use of Your membership (where applicable). If You were offered the opportunity to claim a gift in connection with Your enrollment in the Program, You are limited to one gift per Program and, depending upon the offer You agreed to, You may be required to still be a member of the Program at the time Your gift claim is processed.

MEMBERSHIP TERM:

Your membership is effective for a period of one (1) month following the membership enrollment date and will continue on a month-to-month basis until You cancel Your membership as described below.

We reserve the right to terminate Your account with or without cause at any time and for any reason. You agree that any termination of Your access to the Benefits may be affected without prior notice. Once Your account has been terminated for any reason, you will have no further right or access to use the Program.

GENERAL RESTRICTIONS:

You agree to use Our Program only for legal, internal-use purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, You agree that Our Program and any information derived therefrom may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the Program to look up celebrities or other public persons, or to locate individuals under the age of 18. Systematic access to or any extraction of content from the Site or database(s), including the use of "bots", "spiders," or "scraping" technology within a browser or browser-like program is strictly prohibited and constitutes grounds for suspending or terminating Your account in accordance with these Terms of Use. We prohibit caching, unauthorized hypertext links to the Site and the framing of any content available through the Site. We reserve the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Site and its affiliated websites to anyone without Our express prior written consent. You may not: (a) use or permit the use of data accessed via the Program to prepare a database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; or (b) use or permit the use of Program data for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party. The data available from the Program is not intended to be used in legal proceedings.

FEE-BASED SERVICE CHARGES:

Certain features of this Site are available only through the purchase of a Site subscription ("Fee-Based Services"). You agree to pay, using a valid credit card or debit card, the trial fee or monthly subscription charges set forth on the Site and other charges incurred on Your account in order to access the Fee-Based Services. After the trial period, and every month thereafter until You cancel, the membership fee will be automatically billed to Your credit card (or debited from Your checking account, if You authorized that option). The renewal charge will be the then current published rate for the term of Your subscription. In the event We cannot charge Your account, We reserve the right to continue trying to bill Your account or to terminate Your access to the Fee-Based Services. You may be subject to a pre-authorization at the time You order Your Online Membership. THE PRE- AUTHORIZATION IS NOT A CHARGE TO YOUR CREDIT CARD, HOWEVER THE THEN APPLICABLE SUBSCRIPTION CHARGE MAY BE RESERVED AGAINST YOUR AVAILABLE CREDIT CARD LIMIT. FOR FURTHER DETAILS, CONTACT YOUR CREDIT CARD ISSUER FOR FURTHER DETAILS. If You believe that an unauthorized or otherwise problematic transaction has taken place under Your account, You agree to notify us immediately, so that we may take action to prevent financial loss. To the fullest extent permitted by law, You waive all claims against us related to payments unless You submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that You authorized or accepted.

STORED CREDENTIALS:

Top3BackgroundCheck.com will be storing Tokenized credit card data for the purposes of fulfilling subscription payments. This agreement is valid until cancellation of services by the cardholder and does not expire until cancellation.

CANCELLATION POLICY:

You understand that to cancel Your subscription you must either email us at support@Top3BackgroundCheck.com or call Our member support department by calling 1-800-831-9235. Once You have confirmed Your desire to cancel, Your account is immediately canceled and You will receive a cancellation confirmation email. If You do not receive a cancellation confirmation email, Your account was not canceled.

We process requests for a Top3BackgroundCheck.com membership promptly, and immediately incur costs for account setup. Therefore, We have a NO REFUND policy for Top3BackgroundCheck.com.

PRICING INFORMATION:

We offer several membership types including Trial Memberships and Standard Memberships. As We sometimes offer promotional discounts the price of Your membership may vary depending on the date You signed up. Each membership type and the respective cancellation policies are explained below:

7-Day Trial Membership (Monthly Subscription): You will have full access to the service for 7 days for a $1.00 or $2.00 trial fee. If You do not cancel the service during the trial period, You will be billed $29.97 exactly 7-days from the date and time You originally registered. For example, if You signed up for the trial on January 1 at 2PM, You would be billed for the first month of service on January 8 at 2PM. YOUR ACCOUNT WILL CONTINUE TO BE BILLED $29.97 ON A MONTHLY BASIS UNTIL CANCELLED.

7-Day Membership: You will be billed $2.99 immediately upon registration. There is NO trial with the 7-Day Membership. THIS IS A ONE-TIME BILLING, YOUR ACCOUNT WILL ONLY BE BILLED ONE TIME.

Top3BackgroundCheck.com ID Protect Membership (Monthly Subscription): You will have full access to the service for one month for $1.96. If You do not cancel the service, You will be billed $1.96 exactly one month from the date and time You originally registered. YOUR ACCOUNT WILL CONTINUE TO BE BILLED $1.96 ON A MONTHLY BASIS UNTIL CANCELLED.

In the event that Your payment cannot be processed for insufficient available credit or funds, We may, at Our discretion, divide the total membership fee into incremental charges in order to process the total membership fee. Additionally, We reserve the right to bill at a discounted rate as determine by Us.

If You pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill Your card at the time of purchase or shortly thereafter. If You cancel a transaction before completion, that pre-approval may result in Your funds not otherwise being immediately available. If You pay by debit card and your payment results in an overdraft or other fee from Your bank, You alone are responsible for that fee.

From time to time, in Our sole discretion, We may provide a reduced membership fee, for a promotional period, to first-time or other selected customers. If You are provided with such a promotional reduction in Your membership fee ("Promotional Membership Fee"), Your payment source will be charged the Promotional Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotional period established by Us, and that the regular applicable periodic membership fee will be charged to Your payment source following the end of the promotional period. Terms of the Promotional Membership Fee, including the duration and amount of the Promotional Membership Fee, may vary from time to time.

You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Us (including costs and related expenses) that were caused by or arising out of payments that You authorized or accepted. In the event You dispute or otherwise challenges Our performance hereunder and request a chargeback or otherwise dispute a charge with the issuer of Your credit/debit card utilized to make payment hereunder, or the credit/debit card issuer authorized by you for Us to charge payment hereunder, You shall immediately pay by cashier’s check or money order to Us a sum equal to Your balance as shown on Our books. Payment of this sum by You is a condition precedent to Your ability to institute any such action in law, equity or otherwise arising out of or relating to this Agreement.

You have the right to receive written notice of all changes to Your membership fee that vary from the amount You previously authorized. Should You wish to receive such written notification in advance of any change to Your membership fee, please contact Us at 1-800-831-9235 or write to: Top3BackgroundCheck.com c/o Renewal Price Change Notification, Top3BackgroundCheck.com Member Support - 1804 Garnet Ave, Suite 409 San Diego, CA 92109. Please include Your name, address, telephone number and Customer ID.

FCRA RESTRICTIONS:

We are not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE OUR SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).

USER EMAIL OR TESTIMONIALS:

If You are a customer or send an email to the Site or Us, or if You communicate with the Site, Facebook page, Twitter account, or by phone or mail, We will collect information about Your communication. By communicating with Us, You give Your permission to collect, archive, retrieve, and otherwise use any information collected as We see fit. Any communication which We, in Our sole discretion, deem to be a testimonial, may be publicized for commercial purposes.

COPYRIGHT AND TRADEMARKS:

All materials on the Site, including without limitation text, images, software, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by Top3BackgroundCheck.com, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

All materials on the Site, including without limitation text, images, software, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by Top3BackgroundCheck.com, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of Top3BackgroundCheck.com, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Top3BackgroundCheck.com or the relevant Affiliate.

INFORMATION PROVIDED:

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at Your sole risk. We do not guarantee the accuracy of any information displayed through the Site, including but not limited to that which is compiled through third party sources like local county, state, and federal records. We reserve the right, in Our sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. Prior to purchasing any third party products or services described on the Site, You are advised to verify pricing and other information. Neither Top3BackgroundCheck.com nor its Affiliates shall have any liability arising from Your purchases of third party goods or services based upon the information provided on the Site.

PRIVACY POLICY:

In connection with Your enrollment and registration for the Service, or use of the Benefits, you will be submitting Your personal information to Us, or allowing Us to access Your personal information, including account passwords, user names, financial account information and other personal information, as well as other data, materials and content You submit ("Your Information"). BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE SERVICE, OR DOWNLOADING ANY SOFTWARE PROVIDED AS PART OF THE SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ OUR PRIVACY POLICY AND AGREE TO BE BOUND BY IT. Subject to Our Privacy Policy, You agree that we may use, copy, modify, display and distribute Your Information as We see fit to provide the Benefits. You represent that You have the right to give us Your Information and authorize its use as described above.

LINKS TO OTHER SITES:

The Site may contain links to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by Top3BackgroundCheck.com or its Affiliates of any third-party site or any materials contained therein. Top3BackgroundCheck.com and its Affiliates do not control, and are not responsible for, the availability, accuracy, materials, and/or privacy policy of such third-party sites or any information, content, products or services accessible from such third-party sites.

AGE RESTRICTIONS:

You represent and warrant to Us that You are at least eighteen (18) years old and that You possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

FINANCIAL RESPONSIBILITY:

You agree not to assign, transfer or sublicense Your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on Your Fee-Based Services account.

THIRD-PARTY PRODUCTS AND WEBSITES:

We may offer or provide You access to products, services or websites provided by third parties, including but not limited to promotional or incentive offers, or free services provided by third parties and websites that hyperlink to Our Site. Top3BackgroundCheck.com does not control or bear any responsibility for those websites or third parties, including but not limited to their products or services or use by them of personal information You may provide them.

INDEMNIFICATION:

You hereby agree to indemnify, defend and hold harmless Top3BackgroundCheck.com and its Affiliates from and against any and all liability and costs incurred by Top3BackgroundCheck.com or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of Your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of Top3BackgroundCheck.com.

DISCLAIMER OF WARRANTY:

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Top3BackgroundCheck.com AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY Top3BackgroundCheck.com. Top3BackgroundCheck.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY:

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL Top3BackgroundCheck.com OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR Top3BackgroundCheck.com OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF Top3BackgroundCheck.com, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF Top3BackgroundCheck.com AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE Top3BackgroundCheck.com AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MODIFICATIONS:

(a) To the Agreement:
Top3BackgroundCheck.com has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Top3BackgroundCheck.com in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel Your subscription.

(b) To the Site:
Top3BackgroundCheck.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Top3BackgroundCheck.com may also impose limits on certain features and services or restrict Your access to parts or all of the Top3BackgroundCheck.com Site without notice or liability.

YOUR RIGHTS:

Top3BackgroundCheck.com grants You a non-exclusive, non-transferable, limited right to access, use the Site and the materials provided hereon, provided that You comply fully with this Agreement. The contents of the Site are only for Your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

INCLUSION:

You acknowledge that the Privacy Policy is part of Our Terms of Use, and by accessing or using Our Site, You agree to be bound by all of its terms and conditions. If You do not agree to these terms, please do not access or use the Site. You acknowledge and agree that it is Your responsibility to review the Site and the Privacy Policy periodically and to be aware of any modifications. Your use of the Site after such modifications will constitute Your acknowledgment of the modified terms; and agreement to abide and be bound by the modified terms.

ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between You and Top3BackgroundCheck.com with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between You and Top3BackgroundCheck.com. Failure by Top3BackgroundCheck.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.

In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. This Agreement is between You and Top3BackgroundCheck.com. If You do not wish to be bound by these terms and conditions of use, You should not visit or use the Site. Top3BackgroundCheck.com reserves the right to change these Terms of Use from time to time at its sole discretion, without prior notice.

GOVERNING LAW:

THIS MEMBERSHIP AGREEMENT AND THE TERMS OF MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.

ARBITRATION

PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

Any claim, dispute or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Agreement.

Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.

All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.

The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.

If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.

Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in Santa Barbara County, California, unless You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.

This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of Your membership as well as voluntary payment of the debt in full by You or any bankruptcy by You.

IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL AT ARBITRATION OPT-OUT, Top3BackgroundCheck.com Member Support - 1804 Garnet Ave, Suite 409 San Diego, CA 92109 WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS "TERMS OF USE AND MEMBERSHIP AGREEMENT." IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM UNLESS THE MEMBERSHIP IS OTHERWISE TERMINATED HEREUNDER. HOWEVER, IN THE EVENT YOUR MEMBERSHIP IS CONTINUED, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE MEMBERSHIP TERM (OR TWELFTH MONTH ANNIVERSARY DATE FOR MEMBERSHIPS UNDER THE MONTHLY PAYMENT PLAN).

AVAILABILITY RESTRICTIONS

This Program is available in 51 states and territories as well as Puerto Rico, Guam, and the Virgin Islands. Orders to U.S. military post offices cannot be fulfilled. We control and operate this Site from our offices in the United States of America. We do not represent that the Site or the materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent such local laws are applicable.

CONSENT TO ELECTRONIC COMMUNICATIONS

You consent to receive communications from Us about Your membership electronically, either by e-mail or by notices posted on the Top3BackgroundCheck.com Site, as determined by Us in Our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. You agree that We or the provider of the Program may send You e-mails which include notices about Your account as well as information pertaining to the Program and services, such as featured products/services or new offerings. You agree that this information is part of Your membership with Us.

Subscribing to Top3BackgroundCheck.com, indicates You are bounded and have agreed to these terms and conditions. © Top3BackgroundCheck.com. All rights reserved. v021319

Last updated: February 13, 2019

Top3BackgroundCheck.com (the “Site”) is a website owned and operated by Digital Safety Products, LLC ("we" or "us"). We understand how important your privacy is to you, so we are committed to assuring your privacy. This page outlines all of the steps we take to protect your privacy and what we do with your information that you provide to us through our Site.

Top3BackgroundCheck.com PRIVACY PLEDGE: We do not collect any personal information from you that you do not volunteer, and we are the sole owner of all information collected on this Site. We fully disclose our privacy policy in this document. If you have any questions or comments, you are invited to contact us.

PROTECTING YOUR INFORMATION:

We use SSL-encryption technology when transferring and receiving consumer data on our and our affiliates' websites to protect your personal information. We have partnered with VeriSign or other equally reliable encryption services to protect against the loss, misuse or alteration of information that we have collected from you. The servers that we store personally identifiable information on are kept in a secure environment. However, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that there are security and privacy limitations of the Internet which are beyond our control; the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and any such information and data may be viewed or tampered with in transit by a third party. We make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information.

WHAT INFORMATION DO WE COLLECT:

In order to provide you with our services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information.

PERSONALLY IDENTIFIABLE INFORMATION:

This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as registering for a membership, ordering or utilizing a product or service, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities, and you agree that we may retain information about the activities which you conduct via the Site, including but not limited to searches and reports. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), additional monitoring addresses, email address, telephone number, and other personal identifying information. When ordering products or services on the Site, you may be asked to provide a credit or debit card number. Depending upon the product or service, if you do not provide the requested information, you may not be able to obtain the product or service you want. You should be aware that if you enter any personal information during the information request process and then hit the “continue” button on that page, the information you have entered will be transmitted to us, even though you may not complete the process on subsequent pages. Enrollment in any Top3BackgroundCheck.com service is contingent upon your agreeing to the Terms of Use of membership and providing personally identifiable information as described above.

NON-PERSONALLY IDENTIFIABLE INFORMATION:

This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit 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. 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. The TCP/IP protocol is used 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.

HOW DO WE USE THE INFORMATION WE COLLECT:

We will use Personally Identifiable Information to enhance the operation of our Site, fill orders, improve our marketing and promotional efforts, statistically analyze Site use, improve our product and service offerings, and customize our Site's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Terms of Use, and this Privacy Policy. Your information may also be used by us or by third parties to whom we transfer it to provide the products or services you have requested.

When you use our Site we will store cookies on your computer in order to facilitate and customize your use of our Site. A cookie is a small data text file, which a website stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. In the event that your browser request that we do not track you or store a cookie, our website is unable to honor such requests.

We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any such third-party ad server with your Personally Identifiable Information. In addition, other advertisers may also place banner ads on our site, and we will not disclose any Personally Identifiable Information to them.

We and our third party ad server may collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. In the event that your browser request that we do not track you or store a cookie, our website is unable to honor such requests.

When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any such third-party ad server with your Personally Identifiable Information. In addition, other advertisers may also place banner ads on our site, and we will not disclose any Personally Identifiable Information to them.

We and our third party ad server may collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad.

WITH WHOM DO WE SHARE YOUR INFORMATION:

Other than your credit or debit card information (which we will only share with third parties as described below), we may share your Personally Identifiable Information with third parties in accordance with the terms of this Privacy Policy and applicable state and federal law. We provide the products and services offered on our Site through contractual arrangements with affiliates, service providers, and other third parties. We and such third parties use your Personally Identifiable Information to operate our Sites and to deliver their products and services.

For example, we must release your credit card or debit card information to the card-issuing bank to confirm payment for products and services purchased on this Site; release your Personally Identifiable Information to the third party that will provide the products or services that you ordered; and provide order information to third parties that help us provide customer service. We will encourage our service providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service providers is governed by the privacy policies of those service providers, and is not subject to our control.

We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related Site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

From time to time we or our marketing partners will send you email newsletters and updates announcing special offers and/or new features as well as materials that are promotional in nature. These email updates may also include offers from our marketing partners that you may be interested in. As part of our service you will receive these updates. If you want to update your email address or stop receiving any of the updates, follow the unsubscribe procedures at the bottom of any newsletter or update we send you. We reserve the right to rent, sell and share your Personally Identifiable Information with our third-party partners. Our third-party partners may send you advertisements and special offers that may be of interest to you.

PRIVACY POLICY OF THIRD PARTIES:

When you sign-up for services through our Site, keep in mind you will be interacting with a third party that operates under its own privacy and security policies. Except as otherwise discussed in this Privacy Policy, this document only addresses our use and disclosure of information we collect from you. Other sites accessible through our Site, and companies to whom your information is transferred, have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies that place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect. You should also be aware that unsubscribing from us will not automatically unsubscribe you from third parties’ lists and/or databases. If you wish to opt-out of third party offers, please email us at optout@Top3BackgroundCheck.com and we will make commercially reasonable efforts to have your email removed from the list of our third parties.

BUSINESS TRANSACTIONS:

As we continue to develop our business, we might sell or buy assets. In such transactions, customer information (both Personally Identifiable and Non-Personally Identifiable Information) may be one of the transferred business assets. Also, in the event that we, or substantially all of our assets, are acquired, such customer information will be included within the transferred assets.

OPTING OUT:

If you no longer wish to receive our emails, newsletter or promotional offers, you may "opt-out" of receiving these communications by opting-out on our unsubscribe page or by clicking here to unsubscribe. Please note that opting not to receive email does not exempt you from receiving administrative emails, which include but are not limited to, notices about membership status changes and alterations to our Terms of Use.

CHILDREN

Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly request non-public personally identifiable information from anyone under the age of 13 without requesting parental consent. You must be an adult of 18 years or older to use the Site.

CALIFORNIA PRIVACY RIGHTS:

California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to either: (1) a list detailing the categories of information shared and the entities to which such information was provided; or (2) be notified of a mechanism by which a consumer may opt-out of having their information shared with third parties. We have elected to comply with the second option. (See OPTING OUT above.)

CHANGES TO OUR POLICY:

We may find it necessary or be legally obligated to update this Privacy Policy from time to time, so please review it frequently. When we do, we will post those changes on this page and update the effective date so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it.

You acknowledge that this Privacy Policy is part of our Site Terms of Use, and by accessing or using our Site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this Site. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Site and this Policy periodically and to be aware of any modifications. Your use of the Site after such modifications will constitute your acknowledgment of the modified Policy; and agreement to abide and be bound by the modified Policy.

MISCELLANEOUS/CONTACT INFORMATION:

You must be at least 18 years old to use this Site. We do not knowingly collect, use or disclose Personally Identifiable Information about visitors who are under 18 years of age. We are not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE OUR SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT). The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. In the future, we may also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personally Identifiable Information. If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at:

Top3BackgroundCheck.com Member Support - 1804 Garnet Ave, Suite 409 San Diego, CA 92109.

We are available to you during normal business hours to answer any privacy-related questions or concerns you might have. Please call our Member Support team at 1-800-831-9235.

Thank you for becoming familiar with the Top3BackgroundCheck.com privacy policy. You can always contact us with any questions.

OTHER INTERNET PRIVACY RESOURCES:

We invite you to learn more about your privacy rights on the Internet. The following resources provide an array of information and services you might find helpful and informative. Electronic Privacy and Information Center (EPIC) EPIC is a public interest research center in Washington, DC. Established in 1994, EPIC works in association with Privacy International, an international human rights group based in London, and is a member of the Global Internet Liberty Campaign and the Internet Privacy Coalition. The Federal Trade Commission (FTC) The Federal Trade Commission enforces a variety of federal antitrust and consumer protection laws. The commission works to enhance the smooth operation of the marketplace by eliminating acts or practices that are unfair or deceptive. National Fraud Information Center (NFIC) The National Fraud Information Center is a project of the National Consumers League, America's oldest nonprofit consumer organization. NFIC helps consumers report fraud and offers advice on how to avoid being victimized. The Privacy Rights Clearinghouse (PRC) PRC provides consumers with valuable information on protecting their personal privacy.

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