DISCLAIMER: EVERY TIME YOU LOGIN TO ONLINE TEAM BUILDERS YOU ARE AGREEING TO THIS DISCLAIMER AND THIS NON-DISCLOSURE AGREEMENT

Similar documents
TERMS AND CONDITIONS OF SERVICE 1. DEFINITIONS: Affiliate means any entity which directly or indirectly owns or controls, is controlled by, or is

WEBSITE TERMS OF USE

MASTER SERVICES AGREEMENT

TERMS AND CONDITIONS RELATING TO WEBSITE

Please read these Terms and Conditions carefully before using the Service.

LATITUDE ENGINEERING - GENERAL TERMS OF SALE

Please Read These Terms Carefully Before Using This Site

Wilson Bank & Trust Mobile Deposit Terms and Conditions

MPT Terms and Conditions Lucky Draw for CRBT Subscription FOC Campaign

WEBSITE TERMS & CONDITIONS OF ACCESS & USE

First National Bank of Middle Tennessee Mobile Deposit Terms and Conditions

CROWDBUREAU CORPORATION TERMS OF USE. Last Update: December 10, 2017 ACCEPTANCE

TERMS OF USE. Your Brand Brokers Inc.

B-LIGHTERS TERMS OF SERVICE

Terms Of Service. Your Acceptance

School District of Palm Beach County

zspace PROGRAMS MASTER TERMS & CONDITIONS

The information may not be used for any commercial purpose or public display, performance, sale or rental;

Cboe Global Markets Subscriber Agreement

TERMS OF USE. NCIS has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:

STUDENT PARTICIPATION AGREEMENT

LICENSE AGREEMENT. I. Definitions.

CME Group Non-Professional Self-Certification Form & Market Data Subscription Agreement

AGREEMENT BETWEEN USER AND SA HOME LOANS

Terms of Use and Services Subscription Agreement - Member

Referral Agreement. 2.7 Under Xennsoft s direction, assist in the setup, training and support of the Products with

order full version here

The Morgenson Realty Co., Inc. Web Site is comprised of various Web pages operated by Morgenson Realty Co., Inc..

Agreement for Non-Professional Advisors Providing Services to Interactive Brokers Canada Customers

Thomson Reuters (Tax & Accounting) Inc. Professional Software & Services CS Professional Suite Hosted Services License Agreement Continued

TERMS OF USE. Unless otherwise noted, all tickets, goods, and services sold on the TicketBiscuit platform adhere to a NO REFUNDS, NO EXCHANGES policy.

TERMS AND CONDITIONS OF USE

End User License Agreement

ADDENDUM TO UNIVEST ONLINE BANKING AGREEMENT

User Agreement 1. Your Rights.

RESTRICTIONS ON USE OF INFORMATION AND CONTENT

NASDAQ Futures, Inc. Off-Exchange Reporting Broker Agreement

Armed Robbery Training Manual Copyrights and License Agreements

Reseller Agreement TeraByte Unlimited ( TeraByte )

ORACLE LICENSE AND SERVICES AGREEMENT

Mears Terms and Conditions of Use Agreement. Agreement Between Customer and Mears. Use of the Website. Prohibitions on Misuse

MUNICH RE TRADING LLC CUSTOMQUOTES WEBSITE TERMS OF USE AND DISCLAIMER

Website Terms of Use Agreement

AonLine Service Agreement Effective July 19, By logging into AonLine, user agrees to these terms and conditions (T&C):

B. Applicability of Agreement This software as a service agreement is valid for the term of the purchase period.

CLEAR MEMBERSHIP TERMS AND CONDITIONS

ORACLE LICENSE AND SERVICES AGREEMENT

ADDENDUM TO THE BROKER AGREEMENT BETWEEN COMMON GROUND HEALTHCARE COOPERATIVE AND BROKER

ULTIMATE AMAZON SELLER COURSE REFUND POLICY / DISCLAIMER / TERMS AND CONDITIONS OF USE

Terms and Conditions

ZED AEROSPACE/AURA TERMS AND CONDITIONS USER AGREEMENT

THE RMR GROUP TERMS AND CONDITIONS

Overview and Consent. Additional Terms and Relationship to Other Agreements

Terms & Conditions. Billing. Ongoing Membership. Cancellation/Refund

FEDERAL RESOURCES SUPPLY COMPANY GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

Terms Of Service and End User License Agreement

TERMS AND CONDITIONS. By purchasing this product you (herein referred to as "Client") agrees to the follow terms stated herein.

TERMS AND CONDITIONS. Modification of Services

Subscriber Agreement for Entrust Certificates for Adobe Certified Document Services

Website Terms and Conditions

Telehealth Consent Agreement

MOBILESOFT WHITE LABEL SERVICE AGREEMENT

SKT INTERNET SUBSCRIBER AGREEMENT

WEBSITE TERMS OF USE

INFINID APPLICATION TERMS OF USE These Infinid Application Terms of Use Supplemental License Terms, as amended from time to time ( DrFirst

Preferred Solar Installer

Master Services Agreement

PAYMENT GATEWAY TERMS AND CONDITIONS (v2007.2)

SPECIAL CONDITIONS ( SPECIAL CONDITIONS ) FOR BUSINESS NETVIGATOR SERVICE ( BNS )

Small Business Saturday Corporate Supporter Program. Terms of Participation

Austin Telco FCU Money Manager End User Agreement. Money Manager Services

AGT FY2015: Distributable Income Rises; DPU Yield Now 10.4%

AccessHosting.com TERMS OF SERVICE

TERMS OF USE AGREEMENT

1.4. If you do not agree with any of the provisions in these Terms & Conditions, do not accept a Mintebi Consultation or use the Website.

Soweto Heritage Trust. Legal Terms and Conditions

Terms and Conditions of Identity Theft, Privacy Protection and Monitoring Services

Modification of Services

Border Federal Credit Union Electronic Services Agreement Terms and Conditions

CAMP & TRAINING RULES, CODE OF CONDUCT, INDEMNITY, MEDICAL AND PARTICIPANT INFORMATION FORMS

HOW TO REGISTER ON THE OECD ESOURCING PORTAL

Duke Angel Network TERMS OF MEMBERSHIP

Our Community Credit Union Remote Deposit Capture User Agreement

SOFTWARE LICENSE AGREEMENT

101Smart Ltd Websites and Apps Terms and Conditions

Terms & Conditions for Online Offers to Purchase

Kalo SaaS Terms of Use

SAMSUNG ELECTRONICS AMERICA, INC. ONLINE REMOTE MANAGEMENT SERVICES ONLINE REMOTE MANAGEMENT SERVICE TERMS AND CONDITIONS 1.

Mobile Deposit Addendum to the Online Access Agreement

Axosoft Software as a Service Agreement

Deluxe Corporation Purchase Terms and Conditions

ACCENTURE PURCHASE ORDER TERMS AND CONDITIONS

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SITE OR ANY OF ITS COMPONENTS

FastTrack Partner Program for Overland Storage Tandberg Data

Permitted Mobile Banking Transfers Mobile Deposit Capture

Philips Lumify Service Subscription Agreement

IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911.

Application to Sponsor VOICE 2018

Adilyfe Pty Ltd 1046A Dandenong Road Carnegie VIC 3163 Australia TERMS AND CONDITIONS OF SALE

TERMS AND CONDITIONS FOR BIDELLUS NIGERIA LIMTED

Transcription:

DISCLAIMER: EVERY TIME YOU LOGIN TO ONLINE TEAM BUILDERS YOU ARE AGREEING TO THIS DISCLAIMER AND THIS NON-DISCLOSURE AGREEMENT ONLINE TEAM BUILDERS (HEREINAFTER REFERRED TO AS OTB ) IS AN ONLINE SYSTEM DESIGNED TO HELP YOU BUILD YOUR ESSANTÉ ORGANICS BUSINESS. OTB PROVIDES STEP-BY-STEP TRAINING MODULES TO HELP YOU LEARN HOW TO BUILD A SUCCESSFUL ESSANTÉ ORGANICS BUSINESS WITH TOOLS TO ATTRACT CUSTOMERS AND BUSINESS PARTNERS. OTB HAS ADVERTISING EXPERTS THAT USE PROPRIETARY METHODS OF ADVERTISING ON THE INTERNET, PRINT ADS, AND RADIO TO HELP ATTRACT PEOPLE TO YOUR BUSINESS. OTB HAS PROFESSIONALLY DESIGNED LANDING PAGES ALONG WITH CUSTOM DOMAINS AND ADVANCED DOMAIN MANAGEMENT AND IS LOADED WITH A COMPREHENSIVE CONTACT MANAGEMENT SYSTEM, AND A FULL-FEATURED SET OF TOOLS TO SIMPLIFY YOUR DAY-TO-DAY BUSINESS BUILDING ACTIVITIES. ADDITIONALLY, THERE ARE EMAIL AUTO-RESPONDER CAMPAIGNS, SCHEDULING, FOLLOW-UP EMAILS, PROFESSIONALLY DESIGNED EMAILS, FULL HTML EDITING AND CUSTOMIZATIONS, CUSTOMIZED VIDEO EMAILS, AND EMAIL BROADCASTING SERVICE. YOU FUNNEL THE PROSPECTS THROUGH THE SYSTEM AND THE OTB VIDEOS DO THE PRESENTING. YOU AND THE SYSTEM ARE SCREENING PEOPLE OUT WHO DO NOT MEET YOUR QUALIFICATIONS. OTB HAS AN APP FOR YOUR SMART PHONE WITH YOUR PROSPECTS CONTACT INFORMATION AT YOUR FINGERTIPS. THE OTB APP PROVIDES ACCESS TO PRE-BUILT OR CUSTOM TEXT MESSAGES AND EMAILS TO STAY IN TOUCH WITH YOUR PROSPECTS. VIEW YOUR LANDING PAGES AND MARKETING SITES AT -A-GLANCE AND SEND THEM TO YOUR PROSPECTS WITH ONE TOUCH. OTB ALSO PROVIDES INTERACTIVE DATA CHARTS TO TRACK YOUR TEAM-BUILDING PROGRESS. ALSO AVAILABLE ON THE APP ARE SCRIPTS, NEWS, AND TRAINING MODULES. YOU GET ALL OF THIS WITH OTB FOR ONLY $29.95 PER MONTH. DISCLAIMER: THIS IS NOT A JOB. THIS IS WHERE YOU HAVE YOUR OWN HOME BUSINESS AND ARE YOUR OWN BOSS. YOUR RESULTS CANNOT BE GUARANTEED AND ARE DEPENDENT UPON YOUR BUSINESS SKILLS, PERSONAL AMBITION, TIME, COMMITMENT, ACTIVITY AND RESULTS YOU PRODUCE DAILY. NO STATEMENTS OR TESTIMONIALS PROVIDED BY ANY MENTOR, OWNER, OR MEMBER OF OTB SHOULD BE CONSTRUED AS INDIVIDUALIZED FINANCIAL, LEGAL, MEDICAL AND/OR TAX ADVICE. YOU SHOULD SEEK THE ADVICE AND ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES AND BUSINESS DECISIONS WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR. THE FDA HAS NOT EVALUATED THIS STATEMENT. THE ESSANTÉ ORGANICS PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASE. THE FTC DOES NOT ALLOW INCOME CLAIMS. ALL INCOME STATEMENTS ARE HYPOTHETICAL.

EARNING LEVELS FOR ESSANTÉ ORGANICS INDEPENDENT CONTRACTORS THAT APPEAR IN OTB ARE EXAMPLES AND SHOULD NOT BE CONSTRUED AS TYPICAL OR AVERAGE. INCOME LEVEL ACHIEVEMENTS CANNOT BE GUARANTEED AND ARE DEPENDENT UPON THE INDIVIDUAL EXECUTIVE S BUSINESS SKILLS, PERSONAL AMBITION, TIME, COMMITMENT, ACTIVITY AND DEMOGRAPHIC FACTORS. FOR AVERAGE EARNINGS, SEE THE ESSANTÉ ORGANICS EARNINGS COMPENSATION PLAN FOUND AT WWW.ESSANTEORGANICS.COM/DEFAULT.ASPX?TABID=359 AS WITH ANY HEALTH OR FITNESS PROGRAM, A SENSIBLE EATING PLAN AND REGULAR EXERCISE ARE REQUIRED IN ORDER TO ACHIEVE LONG-TERM WEIGHT LOSS. IF YOU ARE PREGNANT, NURSING, DIABETIC, ON MEDICATION, HAVE A MEDICAL CONDITION, OR ARE BEGINNING A WEIGHT CONTROL PROGRAM, CONSULT YOUR PHYSICIAN BEFORE USING ESSANTÉ ORGANICS PRODUCTS OR MAKING ANY OTHER DIETARY CHANGES. DISCONTINUE USE IF AN ADVERSE REACTION OCCURS. THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE ESSANTÉ ORGANICS PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE WEIGHT LOSS AND PRODUCT TESTIMONIALS PRESENTED APPLY ONLY TO THE INDIVIDUALS DEPICTED, CANNOT BE GUARANTEED, AND SHOULD NOT BE CONSIDERED TYPICAL. NONE OF THE ONLINE TEAM BUILDER MEMBERS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND/OR AGENTS (ALL COLLECTIVELY HEREINAFTER REFERRED TO AS "OTB") ARE FINANCIAL AND/OR LEGAL ADVISERS AND NOTHING CONTAINED HEREIN IS INTENDED TO BE OR SHOULD BE CONSTRUED AS FINANCIAL AND/OR LEGAL ADVICE. OTB IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISOR, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. WWW.OTBLOGIN.COM AND HTTPS:// ACCOUNTS.ONLINETEAMBUILDERS.NET EXIST FOR EDUCATIONAL AND TRAINING PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED IN THE WEBSITE(S) IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. THE INFORMATION ON THE WEBSITE SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING SECURITIES OR OTHER INVESTMENTS. YOU HEREBY UNDERSTAND AND AGREE THAT WWW.OTBLOGIN.COM, HTTPS:// ACCOUNTS.ONLINETEAMBUILDERS.NET AND OTB DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND THAT YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED HEREIN. THIS REPORT IS NOT INTENDED AS A PROMOTION OF ANY PARTICULAR PRODUCTS OR INVESTMENTS AND NEITHER OTB NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AND/OR REPRESENTATIVES, IN ANY WAY RECOMMENDS OR ENDORSES ANY COMPANY, PRODUCT, INVESTMENT AND/OR OPPORTUNITY WHICH MAY BE DISCUSSED

HEREIN. THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL(S). YOU SHOULD SEEK THE ADVICE AND ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES AND BUSINESS DECISIONS WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR. YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OTB DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OTB DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. OTB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR YOUR BUSINESS RESULTS. YOU ARE DIRECTLY RESPONSIBLE FOR YOUR OWN BUSINESS RESULTS. OTB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED HEREIN. OTB MAY DERIVE FEES OR OTHER COMPENSATION AS A RESULT OF PURCHASES FROM SERVICE PROVIDERS OR VENDORS REFERENCED IN THIS MATERIAL. OTB WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND/OR SIMILAR DAMAGES, EVEN IF OTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OTB TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, AND/OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO OTB FOR THE INFORMATION, PRODUCT AND/OR SERVICE OUT OF WHICH LIABILITY AROSE. UNDER NO CIRCUMSTANCES WILL OTB BE LIABLE FOR ANY LOSS AND/OR DAMAGE CAUSED BY YOUR RELIANCE ON THE INFORMATION CONTAINED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND/OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE AND/OR OTHER CONTENT CONTAINED HEREIN. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE AND/OR OTHER CONTENT. ANY SPOKESPERSON OF OTB AMONG OTHER MEMBERS AND/OR REPRESENTATIVES, COMMUNICATE CONTENT AND EDITORIALS ON THIS SITE. STATEMENTS REGARDING HIS/HER, OR OTHER CONTRIBUTORS' "COMMITMENT" TO SHARE THEIR PERSONAL INVESTING STRATEGIES SHOULD NOT BE CONSTRUED AND/OR INTERPRETED TO REQUIRE THE DISCLOSURE OF INVESTMENTS AND STRATEGIES THAT ARE PERSONAL IN NATURE, PART OF THEIR ESTATE OR TAX PLANNING ARE IMMATERIAL TO THE SCOPE AND NATURE OF OTB S EDUCATIONAL AND TRAINING PHILOSOPHY. YOU HEREBY ACKNOWLEDGE THAT NOTHING CONTAINED IN OUR WEBSITE,

BLOG AND/OR SERVICES SHALL CONSTITUTE FINANCIAL, INVESTMENT, LEGAL AND/OR OTHER PROFESSIONAL ADVICE AND THAT NO PROFESSIONAL RELATIONSHIP OF ANY KIND IS CREATED BETWEEN YOU AND OTB OR OUR MEMBERS. YOU ALSO AGREE THAT YOU SHALL NOT MAKE ANY FINANCIAL, INVESTMENT, LEGAL AND/OR OTHER DECISIONS BASED IN WHOLE OR IN PART ON ANYTHING CONTAINED IN OUR WEBSITE, BLOG AND/OR SERVICES, AND THAT YOU ARE REPRESENTING YOURSELF WHEN DOING SO. YOU SHOULD NOT DISCLOSE ANY INFORMATION YOU DEEM CONFIDENTIAL TO OTB. NON-DISCLOSURE AGREEMENT This Non-disclosure Agreement (this Agreement ) is made effective as of the first time you the member of OTB login to the Online Team Builders (the Effective Date ), by and between Online Team Builders (the Owner ) and you (the Member ). The Owner has requested and the Member agrees that the Member will protect the confidential material and information that may be disclosed between the Owner and the Member within Online Team Builders. Therefore, the parties agree as follows: 1. CONFIDENTIAL INFORMATION. The term Confidential Information means any information or material that is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Member may obtain through any direct or indirect contact with the Owner. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the Owner concerning the business, membership, data, technology and information of the Owner and any third party with which the Owner does business with, including, without limitation, software data, trade secrets, technical data, product ideas, sales leads, customer and client lists contained within the Online Team Builders. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. 2. PROTECTION OF CONFIDENTIAL INFORMATION. The Member understands and acknowledges that the Confidential Information has been developed and/or obtained by the Owner by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special, and unique asset of the Owner which provides the Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Member of the Confidential Information, the Member agrees as follows: A. No Disclosure. The Member will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Owner.

B. No Copyright Infringement. The Member will not reproduce, copy, modify, distribute, display or sell (electronically, digitally, or by any other means) any Confidential Information without the prior written consent of the Owner. C. Unauthorized Use. The Member shall promptly advise the Owner if the Member becomes aware of any possible unauthorized disclosure or use of the Confidential Information. D. Application to Advisor/Entity. The Member shall not disclose any Confidential Information to any person outside Online Team Builders. E. Non-Compete. The Member agrees to not approach or engage any members within the Owner s organization with any business venture outside of the Online Team Builders authorized communications. 3. UNAUTHORIZED DISCLOSURE OF INFORMATION INJUNCTION. If it appears that the Member has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Member from disclosing the Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages. 4. RETURN OF CONFIDENTIAL INFORMATION. Upon the written request of the Owner, the Member shall return to the Owner all written materials (electronically, digitally, or by any other means) containing the Confidential Information. The Member shall also deliver to the Owner written statements signed by the Member certifying that all materials have been returned within five (5) days of receipt of the request. 5. RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create an agency, partnership, or joint venture. 6. NO WARRANTY. The Member acknowledges and agrees that the Confidential Information is provided on as AS IS basis. THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. The Owner does not represent or warrant that any product disclosed to the Member will be marketed or carried out as disclosed, or at all. Any actions taken by the Member in response to the disclosure of the Confidential Information shall be solely at the risk of the Member. 7. LIMITED LICENSE TO USE. The Member shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The Member acknowledges that, as between the Owner and the Member, the Confidential Information and all related copyrights and other intellectual property rights, are (and at

all times will be) the property of the Owner, even if suggestions, comments, and/or ideas made by the Member are incorporated into the Confidential Information or related materials during the period of this Agreement. 8. INDEMNITY. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from all third party claims, demands, liabilities, costs and expenses, including reasonable attorney s fees, costs and expenses resulting from the indemnifying party s material breach of the duty, representation, or warranty under this Agreement. 9. ATTORNEY S FEES. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs. 10. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. The obligations of confidentiality shall survive indefinitely from the date of disclosure of the Confidential Information. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of Arizona. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times after the effective date of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.