This Nondisclosure Agreement (the "Agreement") is entered into by and between Energy Underground Club (EUC) (the "Club") and Membership ("Disclosing Party") and Nichole Moja and Andrew Moja known as Nicholedelynn on the Club Website, ("Receiving Party") for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a relationship with respect to the disclosure of certain personal and confidential information ("Confidential Information").
1. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have harmful effects if it was to be shown outside of Energy Underground Club or with anyone that is not part of Energy Underground Club. This includes any identifying information like names, likenesses, usernames, email addresses, phone numbers, pictures and videos. All material on the Energy Underground website that requires a login to view, all information and images on the Energy Underground Club secret Facebook group page, all information and images on the Energy Underground Mighty Network, and all information and images on the Underground Classifieds website that requires a member login to view is considered Confidential Information.
2. Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to other members of Energy Underground, members of other lifestyle sites, clubs, or groups, and third parties as is reasonably required. Receiving Party shall not, without prior written approval of Disclosing Party, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information.
4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a private or sensitive information or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
6. 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 affect the intent of the parties.
7. 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.
8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
9. False information about your identity during registration on www.energyundergroundclub.com known as the Energy Underground Club website, the Energy Underground secret Facebook group, www.energy-underground.mn.co known as the Energy Underground Mighty Network,https://undergroundclassifieds.energyundergroundclub.com known as Underground Classifieds or on this Agreement does not nullify this agreement or each parties Obligations and Privileges under this Agreement.This Agreement and its Obligations and Privileges extend to the true identity of any person entering into this agreement.
This Agreement and each party's obligations shall be binding on the representatives, aliases, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.
Please sign here if you agree to the above terms
Signed on Fri Feb 12 2021 11:03:45 GMT-0600 (CST)
IP Address: 126.96.36.199