By logging into this website you are committing to this agreement (“Agreement”) that Blue222, Inc. (Discloser) may provide certain information to you (Recipient) that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary to protect Discloser’s business plans, it is agreed that:
- You are the recipient (“Recipient”) of confidential information (“Confidential Information”) owned by Blue222 Inc. (“Blue222”).
- For purposes of this Agreement, “Confidential Information” means any data or information that is proprietary to Blue222 and not generally known to the public, whether in tangible or intangible form, whenever and however disclosed, including, but not limited to any and all information provided: on the Blue222.com website; in the Blue222 business plan; in the Blue222 Private Placement Memorandum, Subscription Agreement, Operating Agreement, and any associated documents; in any other documents provided to you by Blue222 representatives; and in any verbal, written, and/or electronic communications from Blue222 representatives (including your username and password to access the Blue222.com website).
- Recipient agrees not to disclose the Confidential Information to anyone unless required to do so by law or by written permission from the President of Blue222. No other right or license, whether expressed or implied, is granted to the Recipient hereunder. The Confidential Information will remain solely owned by Blue222.
- Recipient agrees to use the Confidential Information solely in connection with the current or contemplated business relationship with Blue222. Recipient agrees not to use any of the Confidential Information to compete with Blue222 and/or to assist any other person or entity in competing with Blue222.
- Recipient agrees that Blue222 shall be entitled to injunctive relief preventing the dissemination of any Confidential Information and/or preventing competition in violation of the terms hereof and agrees that Blue222 shall be entitled to recovery from Recipient of any damages and/or loss of business as a result of the breach of this Agreement, including reasonable attorneys’ fees incurred in obtaining any such relief and/or recovery of damages from Recipient.
- This Agreement states the entire agreement between Recipient and Blue222 concerning the disclosure of Confidential Information and shall remain in effect indefinitely. Any addition or modification to this Agreement must be made in writing and signed by the parties.
- If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.