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Non-Disclosure Policy

This is an Agreement between the momentumoffice.com and the Users of momentumoffice.com.  It is recognized that it may be desirable for Users to provide momentumoffice.com with specific proprietary information for the purpose of momentumoffice.com's calculation of pricing, delivery and installation of products or the delivery of services.  With respect to such information momentumoffice.com and momentumoffice.com Users, buy the use of the momentumoffice.com website agree and are bound as follows:

  1. "Proprietary Information" shall be defined as and not limited to any and all of the following information specifically attached to or associated with a Specific User or User Account, (a) site plans, surveys or lists, (b) agreements or service contracts, (c) user names, passwords, (d) labor rates, parts, products and/or material costs, labor and material markups, (e) purchase frequencies and/or installation dates or times associated information (f) addresses, telephone numbers, email addresses, websites or contact information in any other form that can be attached to or traced to the User;
  2. In order for Proprietary Information specifically attached to, or associated with a Specific User to be disclosed by momentumoffice.com, in accordance with this Non-Disclosure Agreement, approval must be: (a) in writing from the User; and (b) delivered to momentumoffice.com by electronic mail, postal or courier service, or facsimile by the User;
  3. Approval is assumed by momentumoffice.com to disclose Proprietary Information when a User submits a request to momentumoffice.com for products or services, to the extent necessary to make delivery of the User requested products or services;
  4. Where the Proprietary Information has not been or cannot be, specifically attached to, or associated to a single User, momentumoffice.com may in good faith provide the information as a compilation of data for sales, marketing, or other business activities;
  5. Momentumoffice.com agrees that it will take reasonable care to prevent the disclosure to any Proprietary Information to persons outside momentumoffice.com or to any unauthorized person or persons within the momentumoffice.com organization. However, momentumoffice.com shall not be liable for disclosure of such information if any or all of such information:
  6. A. Was in the public domain at the time it was disclosed, or
    B. Becomes part of the public domain without breach of this Agreement, or
    C. Is disclosed with the written approval of the User, or
    D. Is disclosed after ten(10) years from momentumoffice.com's receipt of the information, or
    E. Is or was disclosed by the User to a third party without restriction, or
    F. Is disclosed pursuant to the provisions of a court order, or
    G. Is disclosed to third parties as required to provide delivery of the products or services requested by the User.
  7. Any Proprietary Information provided by the User to momentumoffice.com shall be used only in furtherance of the purposes described in this Agreement, and shall be, upon request, at any time, returned to the User or deleted from momentumoffice.com computers or removed from momentumoffice.com files, except for the information momentumoffice.com is required by law to retain. Momentumoffice.com may discard or destroy any Proprietary Information three(3) years after receiving it, provided User has not requested momentumoffice.com to return the information before that time.
  8. The standard of care for protecting Proprietary Information imposed on momentumoffice.com will be that degree of care momentumoffice.com uses to prevent disclosure, publication or dissemination of its own Proprietary Information.
  9. This Non-Disclosure Agreement contains the entire Agreement relative to the protection of Proprietary Information to be provided by momentumoffice.com to the User, and supersedes all prior or contemporaneous oral or written understandings or arguments regarding this issue. This Non-Disclosure Agreement shall not be modified or amended, except in a written instrument, obtainable on momentumoffice.com's website.  Any changes will not take effect prior to a 30 day period following the date of posting, during which time any User may request to be eliminated from the Agreement and or stop using the momentumoffice.com website.
  10. The effective date of this Non-Disclosure Agreement shall be the date upon which the User signs up for momentumoffice.com's service, except as provided by the Agreement when changes to the Agreement occur.
  11. This Non-Disclosure Agreement may not be assigned or otherwise transferred by momentumoffice.com in whole or in part without expressly informing the User prior to the transfer or assignment.
  12. Under no circumstances, including negligence, shall momentumoffice.com be liable for any indirect, incidental, consequential, punitive or special damages for any breach of this Agreement, even if momentumoffice.com has been advised of the possibility of such damages.

 

 

 

 

 

 

 

 

 

 

 



 
     
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