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MUTUAL NONDISCLOSURE AGREEMENT
By clicking "I Agree" on this screen, the User is electronically signing this MUTUAL NONDISCLOSURE AGREEMENT (this "Agreement") and is entering into a contract between Financial Realizer, LLC, a Delaware corporation, with principal offices at 3 Forest Creek Lane, Wilmington, Delaware 19809 USA, and themselves. By clicking "I Agree" on this screen, the parties to this Agreement have entered into a relationship of mutual interest between them, by which the User is evaluating this website in return for a lifetime Individual membership to BullMarketFinder.com, upon its launch as a consumer product. The intent of this Agreement is to protect the Confidential Information of each party in this Agreement from third parties.
1. Purpose; Confidential Information. As part of this relationship of mutual interest ("Beta Testing"), Financial Realizer, LLC (the "Disclosing Party") may disclose to the User (the "Receiving Party") certain Confidential Information relating to the Disclosing Party which the Disclosing Party desires the Receiving Party to treat as confidential. "Confidential Information" means all information relating to the business of the Disclosing Party that is disclosed by such party, or on behalf of such party, to the Receiving Party, whether directly or indirectly and whether written or oral, including without limitation financial information, matters of a technical nature (such as computer software programs and databases and product formulas, processes and ingredients), matters of a business nature (such as information about strategy, product design, contract forms, costs, profits, markets, product costing, sales, potential customers, customers, suppliers and employees), business and product development plans, distribution arrangements, promotional methods and any other information of a similar nature not available to the public.
In consideration of this, the Disclosing Party agrees to treat the Receiving Party’s identity (their name and other personal information disclosed to the Disclosing Party) as Confidential Information, not to be shared with any third party. The Disclosing Party may share the Receiving Party’s evaluation of the website with third parties, but will only identify the Receiving Party in general terms; such as First Name, Last Initial, Job Title, and/or Occupation/Industry (e.g.: "John S., V-P of Investments, Financial Services firm" or "Cathy W., Business Owner & Individual Investor").
Confidential Information shall not, however, include any information which: (i) is publicly known and made generally available through no action or inaction of the Receiving Party; (ii) is in the possession of the Receiving Party prior to disclosure; (iii) is independently developed by the Receiving Party without use of or reference to the Confidential Information; or (iv) is required by law to be disclosed by the Receiving Party, provided that the Receiving Party gives the Disclosing Party prompt written notice, within five business days, prior to such disclosure and assistance in protecting the information from public disclosure.
2. Non-use and Non-disclosure. The Receiving Party shall not use any Confidential Information from the Disclosing Party for any purpose, except to evaluate and engage in discussions concerning the Beta Testing. The Receiving Party shall not disclose any of the Disclosing Party's Confidential Information to the Receiving Party’s employees or to any third parties without the express written consent of the Disclosing Party. The Receiving Party shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information (including without limitation taking at least those measures that the Receiving Party takes to protect its own confidential information) and shall ensure that its employees and third parties who have access to the Confidential Information have signed a non-use and non-disclosure agreement acceptable to the Disclosing Party with content similar to the provisions hereof, prior to the Receiving Party's disclosure of any of the Disclosing Party's Confidential Information to the Receiving Party's employees and third parties.
3. No Obligation; No Warranty. Nothing herein shall be deemed to obligate either party to negotiate or to proceed with or to conclude the Beta Testing, and each party reserves the right, in its sole and absolute discretion, to terminate at any time, with or without notice or cause, the discussions contemplated by this Agreement concerning the Beta Testing. ALL CONFIDENTIAL INFORMATION IS PROVIDED "AS IS." THE DISCLOSING PARTY MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE ACCURACY, COMPLETENESS OR PERFORMANCE OF ANY AND ALL INFORMATION PROVIDED BY DISCLOSING PARTY.
4. Term; Return of Materials. The obligations of the Receiving Party hereunder shall survive until the earliest of a) 5 years from the Effective Date or b) such time as all Confidential Information disclosed hereunder becomes publicly known and made generally available through no action or inaction of the Receiving Party. All documents and other tangible objects containing or representing Confidential Information, and all copies thereof which are in the possession of the Receiving Party, shall be and remain the property of the Disclosing Party and shall be returned to the Disclosing Party within ten (10) days after written request.
5. Remedies; Miscellaneous. Each party shall be liable to the other for any breach of this Agreement, including without limitation any unauthorized disclosure or use of the Confidential Information by the Receiving Party or its employees. Each party agrees that any violation or threatened violation of this Agreement may cause irreparable injury to the other party, entitling the other party to seek injunctive relief in addition to all other remedies. This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. This Agreement shall be governed by the laws of the State of Delaware, in the United States of America, without reference to conflict of laws principles. In any dispute, the prevailing party shall be entitled to receive reimbursement of its attorney fees and costs from the other party. This document contains the entire agreement between the parties, and supersedes all other prior and contemporaneous agreements between the parties, with respect to the subject matter hereof. If a court of competent jurisdiction determines that any provision of this Agreement is illegal or unenforceable, that provision shall be deemed modified to become enforceable to the maximum extent permitted, and if modification is not permitted, then the unenforceable provision shall be deemed eliminated from this Agreement. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision except in writing signed by both parties. This Agreement may not be amended except in writing signed by both parties.