Please read this Terms of Use Agreement (“Agreement”) carefully.

By using the website made available by ThrEEEagle, LLC (“ThrEEEagle”) at www.three-eagle.com, (the “Site”), you are acknowledging your consent to these terms and conditions of use.

By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed (and by accessing, browsing and/or using the Site, you acknowledge that you will do so). If you do not agree to these terms, do not use this Site.

Limitation of Liability

Under no circumstances shall ThrEEEagle or its partners, contributors, agents, employees, or affiliates be liable for any direct, indirect, incidental, special, consequential or other damages of any kind whether based in contract, tort, or any other legal theory due to your use of the Site or due to your reliance on any of the content, information or data contained on the Site.

Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THREEEAGLE DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATIONS OR WARRANTIES RELATING TO THE SITE, THE SITE CONTENT, OR ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. THREEAGLE DOES NOT WARRANT THAT ACCESS TO THE SITE OR THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

THE INFORMATION PROVIDED BY THREEEAGLE VIA THE SITE (INCLUDING BUT NOT LIMITED TO ANY TEXT, GRAPHICS, IMAGES, CONTENT, OR INFORMATION OBTAINED FROM THIRD PARTIES OR OTHERWISE) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND THREEEAGLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, APPROPRIATENESS, OR THE USE OF SUCH INFORMATION.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THREEEAGLE, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS (EACH AN “INDEMNITEE”) FROM AND AGAINST ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THE SITE. EACH INDEMNITEE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH SUCH INDEMNITEE IN ASSERTING ANY AVAILABLE DEFENSES.

Modifications to Agreement

You are responsible for regularly reviewing this Agreement. ThrEEEagle reserves the right to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time by posting the updated Agreement on the Site. Your continued use of the Site thereafter constitutes acceptance of and agreement to be bound by this Agreement as modified.

No Interference with Operation of Site

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of ThrEEEagle or others. You may not attempt to interfere with the operation of the Site by posting or uploading data that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information (as defined below). You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use any contact information about other Site users to facilitate the sending of unsolicited bulk communications such as SPAM. You shall not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

Proprietary Rights in Site

The copyright in all materials provided on this Site is held by ThrEEEagle or by the original creator of the material. Materials provided on this Site including but not limited to designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) are the proprietary property of ThrEEEagle and its licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ThrEEEagle’s prior written permission. You may not upload or republish, or transfer Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights.

Linking

This Agreement applies only to the Site. The Site includes links to other third party websites that are not under ThrEEEagle’s control. ThrEEEagle is not responsible for the terms and conditions, privacy practices or the content of any website linked to or from the Site. You acknowledge that when you leave the Site and access a linked site that you do so at your own risk and that ThrEEEagle does not endorse any linked website.

While ThrEEEagle permits text links from your web site to the Site under appropriate circumstances, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product. Links to the Site must clearly identify ThrEEEagle as the source of information displayed and preserve the integrity of web pages associated with the Site without alteration. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

Access Termination

This Agreement is effective unless and until terminated by either you or ThrEEEagle. You may terminate this Agreement at any time by discontinuing use of the Site. ThrEEEagle may terminate this Agreement at any time without notice, and accordingly deny you access to the Site, for any reason, including if in ThrEEEagle’s sole discretion you fail to comply with any term or provision of this Agreement. Possible evidence of use of any of the Site for illegal purposes may be provided to law enforcement authorities at the discretion of ThrEEEagle.

Governing Law and Venue

Your use of the Site constitutes an agreement between you and ThrEEEagle. This Agreement, which consists of the terms and conditions set forth herein, shall be governed by, construed under and enforced in accordance with the laws of the state of North Carolina, without regard to any conflict of law provisions. You acknowledge and consent to jurisdiction in the state of North Carolina. Any action in connection with, relating to and/or arising from this Agreement shall be brought exclusively in the appropriate courts located in North Carolina.

International Users

ThrEEEagle makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personally identifiable information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and ThrEEEagle’s Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that ThrEEEagle may collect and use your Personal Information and disclose it to other entities outside your resident jurisdiction. In addition, such Personal Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Personal Information that is available in other countries. By providing ThrEEEagle with your Personal Information, you acknowledge that you consent to the transfer of such Personal Information outside your resident jurisdiction as detailed in ThrEEEagle’s Privacy Policy. If you do not consent to such transfer, you may not use this Site.

Miscellaneous Terms

ThrEEEagle and the ThrEEEagle logos are copyrighted material owned by ThrEEEagle. You agree not to display or use these material in any manner without ThrEEEagle’s prior, written permission.

ThrEEEagle may assign this Agreement at any time to a subsidiary or parent organization or to a successor to its business as part of a change of control, merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.

This is the entire agreement between the parties related to the use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ThrEEEagle with respect to the Site.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this Agreement, please email us at INFO@three-eagle.com.

Last Updated: February 15, 2020.