Effective October 16, 2020
These Terms and Conditions (“Terms”) govern the use of this website and the Three Lock Box Service. By using this website and/or the Service, you agree to be bound by these Terms. Your use of the Service will also be governed the Enrollment and Control Agreement to which you subscribe when you register to use the Three Lock Box Service.
By accessing and using our Service and our Platform, you represent that you have read and understand these Terms and Conditions.
Three Lock Box provides Construction Control solutions utilizing its proprietary web-based software system (the “Platform”). The Platform allows Registered Users to submit payment requests with back up, approve and initiate payments, view construction project funding status, store construction documents, facilitate Construction Control on a construction Project. This includes but is limited to payment authorization, fund distribution, lien release approval. Three Lock Box also facilitates Project inspections and filings with the State of Nevada (This system together with the Platform, collectively constitute the “Service”).
Registered User: A Registered User is a project participant who has executed the Three Lock Box Enrollment and Control Agreement and is authorized to use this Service in his or her capacity on the Project. Registered users may include without limitation property owners, lenders, architects, contractors, sub-contractors, and vendors credentialed to use this service. Only one individual per company or legal entity may be the Registered User.
Registered Viewer: Individuals may be invited by a Registered User to view the Project Platform. A Registered Viewer may view the project funding and document status but has no access to use the Service.
Visitors: Individuals are guests who are not Registered Users or Registered Viewers who view this website.
User: Registered Users, Registered Viewers and Visitors are collectively identified as “Users” or “You/Your.”
Products Not Intended for Children:
The Platform and Service are intended only for individuals age 18 and over. By using the Platform and Service, you represent that you meet this requirement.
Ownership of Intellectual Property Rights:
Three Lock Box, LLC (“Three Lock Box”), owns all right, title and interest in, or has a valid license to use all protectable elements of this website and platform, including without limitations, software, logos, graphics, images, text, video files, or audio files (collectively the “Content”). The Platform is proprietary software owned by Three Lock Box, Inc. Three Lock Box, LLC reserves all rights in its intellectual property.
Limited License of Intellectual Property Rights:
Three Lock Box grants each User and each User accepts, subject to these Terms and Conditions, a limited, revocable, non-exclusive, non-transferrable license to use or access the Platform and its Content for the Project to which the Registered User invited. The Platform and Content shall not be used, copied, modified, reproduced, transferred, posted, distributed, or exploited for any commercial purpose or for the creation of derivative works without the written consent Three Lock Box.
Users shall not use Three Lock Box in any way that would attack, damage, interrupt, or disable the Content or Platform, or that would enable an unauthorized person to do so. User shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to uncover, discover, and/or use the source code, object code, algorithms, or know-how relevant to the Service.
Product Availability and Force Majeure:
We strive to provide uninterrupted, error-free availability and performance of the Platform and Service. We cannot, however, guarantee access will never be sporadic or disrupted due to circumstances outside our control and because we occasionally must maintain and update the Platform and the Service.
Responsibility of Registered User:
Registered Users and Registered Viewers create a password to use and view the Platform. Users should keep passwords private and never share their password with others. A Registered User shall not assign, share, or abdicate his or her authority on the Project. If a Registered User must relinquish authority or if a Registered User leaves the company, please contact Three Lock Box to reset the Registered User.
Protecting Personal Information:
Links to Third Party Websites:
Three Lock Box controls only its Platform. Any websites or other platforms used by other Users of the site or Users on a Project are not maintained by Three Lock Box, and Three Lock Box assumes no liability for other Users’ software, systems, or interfaces.
Rejection of Payment:
Since the use of a bank account may be limited by your agreement with your financial institution or applicable law, Three Lock Box, LLC is not liable to any User if Three Lock Box cannot complete a transaction as a result of such limit or if any financial institution fails to honor a credit or debit to or from an Account.
As part of the Service, Three Lock Box retains Project Documents. Project documents shall be retained by Three Lock Box for a period of 5 years, unless the Owner elects to enter into the Three Lock Box Document Storage Agreement.
No Attorney-Client Relationship
Three Lock Box, LLC president, Noah G. Allison, and Michelle L. Allison, CFO, are also practicing attorneys with The Allison Law Firm Chtd. The Three Lock Box Platform and Service are for construction control and escrow services and do not constitute legal advice. Unless you or your company has engaged The Allison Law Firm Chtd. by executing a Fee Agreement, Mr. Allison and the Allison Law Firm Chtd. are expressly prohibited by attorney ethical rules from providing legal representation to any User.
Three Lock Box may at anytime, without notice to User, assign these Terms to any current or future affiliated company and to any successor in interest.
You shall indemnify and hold Three Lock Box harmless form the consequences of any authorization, instruction, act or omission by any User utilizing the Three Lock Box Platform. You further agree that Three Lock Box may only be held liable for acts and omissions arising from the sole and active negligence of Three Lock Box, and further agrees User may not recover any damages other than actual, out of pocket damages from Three Lock Box.
Governing Law: Location for Disputes
Any dispute or claim relating to the interpretation or enforcement the terms of this Agreement first shall be mediated in Las Vegas, Nevada, pursuant to the rules of JAMS Las Vegas. If mediation is unsuccessful, the dispute or claim shall be arbitrated in Las Vegas, Nevada before a single arbitrator, pursuant to the rules of JAMS Las Vegas.
THE PARTIES HERETO UNDERSTAND THAT THE CHOICE OF THE METHOD AND FORUM OF DISPUTE RESOLUTION MAY AFFECT THEIR RIGHTS UNDER THIS AGREEMENT. THE PARTIES HEREBY EXPRESSLY WAIVE THEIR RIGHTS TO A JURY TRIAL UNDER THIS AGREEMENT.
If any part of these Terms and Conditions should be held to be invalid, void or unenforceable, all provisions, covenants and conditions of these Terms, and all of its applications, not held invalid, void or unenforceable, shall continue in full force and effect and shall not be affected, impaired or invalidated in any way.
Three Lock Box
2260 Corporate Circle, Suite 490
Henderson, NV 89074
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