TERMS OF USE

Last updated 05/13/2024

These Terms of Use (the “Policy”) applies to the website and any other websites, mobile applications, online products and/or services (“the Site(s)”) owned and/or operated by The Eikon Group, LLC (“TEG” “Eikon” “us” “we” or “our”). Please read these Terms carefully. By using the Website, you (“User” or “you”) are agreeing to these Terms and to the conditions and notices set forth below (collectively, the “Agreement”).

This Agreement applies whether you are accessing the Services using a personal computer, mobile device, or other equipment or device. By accessing or using this Website in any manner, you agree that (1) you have read and familiarized yourself with this Agreement, (2) you understand the Agreement, and (3) you are bound by the Agreement in your use of the Website. You are entering into this Agreement with The Eikon Group.

If you do not accept all of the terms and conditions contained in or incorporated by reference into this Agreement, please do not use the Website.

Modification of These Terms of Use

We work constantly to improve our services and develop new offerings to make our Services better for you and our community. As a result, we may need to update this Agreement from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to this Agreement and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Services. We hope that you will continue using our Services, but if you do not agree to our updated Agreement and no longer want to be a part of our community.

Who Can Use the Website

The Website is not intended to be used by persons under the age of 18 years old. If you are under the age of 18 years old, please do not use the Website or any of the services offered by The Eikon Group. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a person's or entity's information and may, at any time, refuse to permit a person's, or entity's, continuing use of the Website for any reason or for no reason, in our sole discretion.

User Conduct and Obligations

The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), is proprietary to TEG. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. Additionally, you agree not to:

1. Provide false or misleading information about yourself to TEG, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any Content, message or other communication;

2. Collect information about other visitors to TEG Website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;

3. Probe, scan, test the vulnerability of or breach the authentication measures of the Website or any related web pages, networks or systems;

4. Use any robot, spider, scraper, deep link or other automated or manual means to access the Website, or copy and/or redistribute any Content, information or software on the Website;

5. Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by bypassing the Website's home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main home page;

6. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by TEG in connection with the Website;

7. Input or upload to the Website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the intellectual property rights of another;

8. Use or access the Website in any way that, in TEG’s sole judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website, including but not limited to any action that imposes, or may impose, in TEG’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; and

9. Engage in, perform or conduct any of the prohibited actions or activities identified below under “Reviews, Comments and Use of Other Interactive Areas.”

The copyright of material contained on this webpage (the “Webpage”), including, but not limited to copy, text, photographs, images, slogans, documents, and video material, is owned by The Eikon Group, LLC.

You may not otherwise copy, reproduce, disseminate, modify, transmit, or print the contents of this website either electronically or in hard copies, or link to this website. You may not alter the content of this site in any manner. If you are interested in using the contents of or linking to this website, please contact TEG who may or may not grant permission.

Publication herein implies no permission to use, copy, reproduce, disseminate, print, modify, or play in public any of the material contained on the Webpage (in any form or media) without prior express written permission by owner.

Trademark

All trademarks, logos and brand names are the property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.

All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Sites (collectively, the “Marks”) are the property of TEG or its licensors, content providers or other third parties. Nothing in these Terms of Use or on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of TEG or the owner of the Mark. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TEG and may not be copied, imitated or used, in whole or in part, without the prior written permission of TEG. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by TEG.

If you are aware of an infringement of either your brand or our brand, please let TEG know by contacting us via email. See “How to Contact The Eikon Group" below.

Intellectual Property

Except for public domain material, the Website is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the Content at the Website while connected to the Website. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks such as metatags on other web sites also is strictly prohibited. You may not display the Website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us via email. See “How to Contact The Eikon Group" below.

Third Parties

The Website may contain links to websites, pages, accounts, or other electronic media owned or controlled by parties other than TEG. Such links are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.

Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, Trojan horses, defects, and other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Limitation of Liability

IN NO EVENT SHALL THE EIKON GROUP, LLC BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY KIND OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INTERACTIVE AREAS, OR TEG’S SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer of Warranties

THE EIKON GROUP, LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY TEG. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TEG DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE EIKON GROUP, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TEG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Indemnification

You agree to defend and indemnify TEG and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:

1. Your breach of this Agreement;

2. Your violation of any law or the rights of a third party; or

3. Your use of this Website.

You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge TEG and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys' fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Website.

TEG believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website and all other websites, pages, accounts and other electronic media owned or controlled by TEG.

Termination

You agree that The Eikon Group, LLC, in its sole discretion, may terminate or suspend your use or access to the Website, Interactive Areas, Submissions, Content, information, and services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Website. Accessing the Website, Interactive Areas, Submissions, Content, information, and services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that TEG shall not be liable to you or any third party for any termination or suspension of your access to the Website, Interactive Areas, Content, information, and services.

General

You agree to use the Website in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of TEG, negatively reflect on the goodwill or reputation of TEG and shall take no actions that would cause The Eikon Group to be in violation of any laws, rules, rulings or regulations applicable to The Eikon Group.

TEG and the Website are based in the United States. The Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without reference to the principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of North Carolina, or the courts of the United States located in Mecklenburg County, North Carolina, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website. You agree that all claims you may have against TEG arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in the State of North Carolina within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including, without limitation, this paragraph. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in full force and effect.

The Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TEG with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and TEG with respect to the Website. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact The Eikon Group

If you have any questions or comments about the Agreement, or your dealings with the Website, please contact us by email sent to hello@TheEikonGroup.io