For and in consideration of the respective agreements herein, receipt and sufficiency of which valuable consideration is hereby acknowledged, Art with Alex, LLC DBA Mountain Cane Media (“Mountain Cane Media”), and (the “Client”) agree to be bound as follows.
Mountain Cane Media agrees to the deliverables as outlined in the preceding proposal and the quoted amount for the Client.
This Nondisclosure Agreement (the “Agreement”) is entered into by and between Mountain Cane Media and the Client for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information (“Confidential Information”).
Definition of Confidential Information. For purposes of this Agreement, “Confidential Information” includes all information or material that has or could have commercial value or other utility in any business in which the Client, or its owners, members, or shareholders, is engaged, and personal or sensitive information about its owners, members, shareholders, or employees, and which is not generally known to the public. All non-public written, digital, or oral information disclosed by the Client to Mountain Cane Media is Confidential Information. Conversely, all non-public written, digital, or oral information disclosed by Mountain Cane Media to the Client is also Confidential Information.
Information that is not considered “Confidential Information.” The following information is not included in the definition of Confidential Information under this agreement, and Mountain Cane Media is not required to keep it secret:
Information that is already publicly known at the time Mountain Cane Media receives it from the Client or later becomes publicly known through no fault of Mountain Cane Media; Information that is discovered or created by the Mountain Cane Media before Mountain Cane Media receives it from the Client; Information that is learned by the Mountain Cane Media through legitimate means other than from the Client or its representatives; or Information that the Client gives Mountain Cane Media prior written approval to disclose.
Obligations of Mountain Cane Media. As consideration for access to Confidential Information, and other good and valid consideration, Mountain Cane Media agrees to hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Client. Mountain Cane Media will carefully restrict access to Confidential Information to employees, contractors, and third parties and only permit access to Confidential Information that is reasonably required. Mountain Cane Media will require those persons granted access to Confidential Information to sign nondisclosure restrictions at least as protective as those in this Agreement. Mountain Cane Media will not, without prior written approval of the Client, use for Mountain Cane Media’s own or any third party’s benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Client, any Confidential Information. Mountain Cane Media will return to the Client any and all records, notes, and other written, printed, digital, or tangible materials in its possession pertaining to Confidential Information immediately if the Client requests it in writing.
Time Period. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Mountain Cane Media’s duty to hold Confidential Information in confidence will remain in effect until the Confidential Information no longer has or could have commercial value or other utility in any business in which the Client is engaged, or until the Client sends Mountain Cane Media written notice releasing Mountain Cane Media from this Agreement, whichever occurs first.
Relationships. Nothing contained in this Agreement shall be deemed to constitute either party as a partner, joint venturer or employee of the other party for any purpose.
Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
Remedies. Mountain Cane Media will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you, in any event, will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.
The parties consent to personal and exclusive jurisdiction and venue in the State or Federal courts for Roanoke, Virginia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
This Agreement and each party’s obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.
By submitting payment through this website, you, the “Client” agree to this agreement and accept all terms listed above. this Agreement I accept all terms listed above:
The effective date of this agreement is the date payment is submitted. This agreement shall terminate automatically after 3 months of the effective date of this agreement.
No refunds on work delivered.
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