Effective May 1, 2024
Introduction:
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 by 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”1 solutions utilizing its proprietary web-based software
system (the “Platform”). The Platform allows Registered Users to submit payment requests with
backup, approve and initiate payments, view construction project funding status, and store construction
documents, all of which facilitate Construction Control on a construction Project (the “Project”). This
includes but is not 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 constitutes 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, and audio files (collectively the “Content”). The Platform is
proprietary software owned by Three Lock Box, LLC. 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 is 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 of 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.
Three Lock Box shall not be liable for any delay or failure of the Service if that delay or failure in any way
results from a cause beyond the reasonable control of Three Lock Box, including without limitation, loss
of electricity or other utilities, loss of internet, Wi-Fi, or cellular access, fires, floods, acts of God, labor
strikes, or delays or errors by any User performing its obligations of 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 a Project. If a Registered User must relinquish authority or if a
Registered User leaves the enrolled company, please contact Three Lock Box to reset the Registered
User.
Protecting Personal Information:
Protecting your personal information is important to us, which is why we have implemented and strive
to maintain reasonable, commercially acceptable technical, organizational, and physical safeguards
appropriate to the nature of the information we collect, use, and store. However, no website,
transmission, method of electronic storage, or security system is completely secure. Any transmission of
personal information is at your own risk. Therefore, we urge you to take appropriate steps to keep your
personal information safe. This includes not sharing your password with others, not sending personal
information through an insecure email, and taking precautions such as closing your browser or app
when finished using the Platform. Please read our Privacy Policy, incorporated herein by reference, to
learn more about how we collect, use, share, and protect your personal information.
Links to Third Party Websites:
Three Lock Box controls only its Platform. Any websites or other platforms that may be used by Users of
the Platform or by other 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.
Document Retention:
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 CEO, Noah G. Allison, and CFO, Michelle L. Allison, are also practicing attorneys with
The Allison Law Firm Chtd. The Three Lock Box Platform and Service are for Construction Control and
escrow services only 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, Ms. Allison, and the Allison Law Firm
Chtd. are expressly prohibited by attorney ethical rules from providing legal representation to any User.
Assignment:
Three Lock Box may at any time, without notice to User, assign these Terms to any current or future
affiliated company and to any successor in interest.
Indemnity:
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 agree User may not recover any damages other than actual, out of pocket
damages from Three Lock Box. Three Lock Box shall not be liable for consequential damages.
Governing Law: Location for Disputes
These Terms and Conditions and any disputes arising out of or in connection with these Terms and
Conditions, the Privacy Policy, or your use of the Service shall be governed by, construed, and
interpreted in accordance with the laws of the State of Nevada, without giving effect to principles of
conflicts of law.
Any claim, controversy, or dispute arising out of or relating to these Terms and Conditions, the Privacy
Policy, any Enrollment and Control Agreement, or your use of the System shall be resolved by binding
arbitration in Clark County, Nevada. The arbitration shall be administered by JAMS in conformity with
and subject to the JAMS Comprehensive Arbitration Rules and Procedures then in effect. Judgment on
the award may be entered in the Eighth Judicial District Court, Clark County, Nevada.
By using Three Lock Box, you agree to pay all costs and expenses, including attorneys’ fees and costs,
that Three Lock Box may incur in order to collect any amounts owed for your use of the Service; to
initiate an arbitration or other proceeding related to your use of the Service; defend any claim,
controversy or dispute over your use of the Service; bring an action in Interpleader, or to otherwise
enforce its rights under these Terms or under any Enrollment and Control Agreement.
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.
Severability:
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 their 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.
Notices:
By Email:
Information@Threelockbox.com
By Mail:
Three Lock Box
2260 Corporate Circle, Suite 490
Henderson, NV 89074
Copyright © 2024 Three Lock Box, LLC
______________________________________________________________________
1 Construction Control is used herein as defined by NRS §627.050.
