12. Confidentiality and Liability for Activities

You hereby agree to maintain the confidentiality of any and all information obtained through attendance at Club events, use of the Club’s Website, and private social media groups, including, without limitation, the location of Club events, the identity of its Members, the likeness of any Member, or the name, address, or other identifying information of any Member or Guest and the activities and occurrences at events hosted, sanctioned, sponsored by, or associated with, the Club (collectively, “Confidential Information”).  Membership in the Club is private and all information obtained through attendance at Club events, Membership in the Club or use of the Club Website is a privilege of Membership, use and attendance, and as such, shall not be disclosed, either during or after the Term to anyone including, without limitation, current members, past members, non-members, members of the press, law enforcement, or other investigative agency.  If you become legally compelled (by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand or similar process or order of a court of competent jurisdiction) to disclose any Confidential Information, you shall provide Club Management with prompt written notice and a reasonable period of time (not to exceed 90 days) so it may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Membership Agreement.  In the event such protective order or other remedy is not timely obtained, or compliance with the provisions of this Membership Agreement is waived, you shall disclose only the minimal amount of Confidential Information that is legally required and shall exercise best efforts to obtain assurance that confidential treatment will be accorded the Confidential Information so disclosed.  Energy Underground makes every effort to protect the privacy of its members.  The Club will not share your email address, or any other personal information or the Club’s Member database with third parties unless in connection with a change of ownership or management of the Club, a sale or other transfer of the Club to a third party, or if required by a court order.  Except as set forth above, your identity will be disclosed only if we become aware of your violation of law and we are required to do so, or it is necessary for the safety of our Membership.  The Club is not responsible for the conduct, acts, or omissions of any Member, or for false or misleading information provided by any Member, and you waive any and all claims, damages, losses or causes of action against the Club arising out of the activities of any Member.