Terms and Conditions
By entering and using this site you agree to the following terms (this "Agreement") between yourself, (the "Receiving Party") and DUBBS Alpha League (the "Disclosing Party").
1. Disclosure. You understand that the Disclosing Party has disclosed or may disclose Confidential Information, as defined below, to the Receiving Party, upon entering this site.
a. Confidential Information. "Confidential Information" shall mean, but not be limited to, customer lists, documents, procedures, techniques, ideas, application materials, and other trade secrets that give the Receiving Party a competitive advantage that is confidential and proprietary in nature, and has value to the Disclosing Party.
b. Information that is not Confidential. Confidential Information shall not include any portion of the "Confidential Information" which the Receiving Party can document that (i) is already available to the public, (ii) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party, or (iii) was in the possession of or was known to the Receiving Party prior to the disclosure thereof by the Disclosing Party.
2. Covenants of Receiving Party. The Receiving Party hereby covenants as follows:
a. Agreement to hold information in Confidence. The Receiving agrees (i) to hold the Disclosing Party's Confidential Information in confidence and to take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions the Receiving Party employs with respect to its confidential materials), (ii) not to divulge any such Confidential Information or any information derived therefrom to any third person, (iii) not to make any use whatsoever at any time of such Confidential Information, (iv) not to reverse engineer any such Confidential Information.
3. Return of Confidential Information. Immediately, upon the request of the Disclosing Party, the Receiving Party agrees to turn over to the Disclosing Party all documents or media containing such Confidential Information and any and all copies or extracts thereof.
4. Remedies. The Receiving Party acknowledges and agrees that due to the unique nature of the Disclosing Party's Confidential Information there can be no adequate remedy law for any breach of its obligations hereunder, which breach may result in irreparable harm to the Disclosing Party, and therefore, that upon any such breach or any threat thereof, the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever remedies it might have at law. In the event that any provisions of this Agreement shall be held by court or other tribunal of competent jurisdiction to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement shall be governed by the laws of the state of Arkansas without regard to the conflicts of law provisions thereof. This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof.The prevailing party in any action to enforce this Agreement shall be entitled to costs and attorney's fees. No waiver or modification of this Agreement will be binding upon any party unless agreed to in writing by the parties and no failure or delay in enforcing any right will be deemed a waiver.
5. Application of Agreement. This Agreement shall be binding upon and inure to the benefit of each party and its respective successors and assigns.
6. Survival of Agreement. This Agreement shall survive for a period of two years after expiration or termination of the parties' exploration of relationship opportunities.
By continuing to enter this site you have AGREED AND ACCEPTED to these terms.
