1. Obligation of Confidentiality. In performing the coaching services under this agreement, the Coach may be exposed to, and will be required to use certain “Confidential Information” (as hereinafter defined) of the Client. The Coach agrees that The Coach will not, and The Coach’s employees, agents, or representatives will not use, directly or indirectly, such Confidential Information for the benefit of any person, entity, or organization other than the Client, or disclose such Confidential Information without the written authorization of the Client, either during or after the term of this Agreement, for as long as such information retains the characteristics of Confidential Information.
2. Definition. “Confidential Information” means information not generally known and proprietary to the Client or to a third party for whom the Client is performing work, including, without limitation, information concerning any patents or trade secrets, confidential or secret designs, processes, formulae, source codes, plans, devices or material, research and development, proprietary software, analysis, techniques, materials, or designs (whether or not patented or patentable), directly or indirectly useful in any aspect of the business of the Client, any vendor names, customer and supplier lists, databases, management systems and sales and marketing plans of the Client, any confidential secret development or research work of the Client, or any other confidential information or proprietary aspects of the business of the Client. All information which The Coach acquires or becomes acquainted with during the period of this Agreement, whether developed by the Coach or by others, which the Coach has a reasonable basis to believe to be Confidential Information, or which is treated by the Client as being Confidential Information, shall be presumed to be Confidential Information.
3. Property of the Client. The Coach agrees that all plans and specific materials developed by the Coach on behalf of the Client in connection with services rendered under this Agreement are and shall remain the exclusive property of the Client. Promptly upon the expiration or termination of this Agreement, or upon the request of the Client, The Coach shall return to the Client all documents and tangible items, including samples, provided to The Coach or created by The Coach for use in connection with services to be rendered hereunder, including, without limitation, all Confidential Information, together with all copies and abstracts thereof.
Limitations On Use
You agree not to sell, publish, distribute, re-transmit or otherwise provide access to the content received through Chris Collins Inc. to anyone, including your fellow employees, without the express written permission of Chris Collins Inc. Said permission is at Chris Collins Inc.’s sole discretion and may be revoked at any time with written notice. You may not reproduce, duplicate, copy, sell, resell or exploit any material for any commercial purpose.
You agree not to use the Chris Collins Inc. website for any unlawful purpose. We reserve the right to terminate or restrict your access to the Chris Collins Inc. websites if, in our opinion, your use of the Chris Collins Inc. websites may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right or law, or is vulgar, unsuitable or otherwise offensive in our sole discretion.
Chris Collins Inc. Trademark or Other Intellectual Property
Without Chris Collins Inc.’s express written prior permission, you agree not to display or use in any manner, any Chris Collins Inc. trademarks or any other intellectual property.
Please note that any information you post to a public discussion forum or chat room, such as the Discussion Forums, is available to all persons accessing that site. We have no way of preventing individuals or companies from contacting you if they’ve seen your information publicly posted.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between any user and Chris Collins Inc. by the Terms.
Except as explicitly stated otherwise, any notices to Chris Collins Inc. regarding this Agreement shall be sent to Chris Collins Inc. 1010 Wilshire Blvd. #110 Los Angeles CA 90017. Any notice to a user shall be given to the name and address submitted at the time of registration.
This Agreement is the exclusive and entire agreement between you and Chris Collins Inc. concerning your use of Chris Collins Inc. and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and Chris Collins Inc. regarding your use of Chris Collins Inc. You agree that this Agreement, as well as any and all claims arising from this Agreement will be construed, interpreted and governed by the laws of the State of California, USA, without regard to its conflict of law provisions. The sole and exclusive forum for principles and the sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California.
If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement nor will it be deemed a waiver of future enforcement of that or any other provision. This Agreement is personal to you. You may not assign your rights or obligations, by operation of law or otherwise, under this Agreement to anyone and no third party is a beneficiary of your rights under this Agreement.
Disclaimers of Warranties
Chris Collins Inc. expressly disclaims all warranties related to any use of the Chris Collins Inc. websites, and further Chris Collins Inc. expressly disclaims all warranties that the Chris Collins Inc. websites will meet any requirements or needs you may have, or that they will operate error free. In addition, you agree that Chris Collins Inc. provides access to the Chris Collins Inc. websites “as is” and on an “as available” basis and makes no warranty with regard to the services or the suitability of the services for your needs. We specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose.
The services of any content in/on the Chris Collins Inc. websites do not provide investment, financial or tax advice, and should not be used to make any investment decisions. We do not advocate the purchase or sale of any security or investment, not do we endorse or sponsor the products, goods or services of any user of the online community. You should always seek the assistance of a professional for tax, financial and investment advice.
Chris Collins Inc. makes no express, implied or statutory warranties, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. No Chris Collins Inc. agent or employee is authorized to make any modifications, extensions, or additions to this warranty.
Limitation of Liability
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Chris Collins Inc., its subsidiaries, affiliated entities, officers, employees, agents, licensees, or licensors, or its suppliers or resellers (either jointly or severally) be liable to you or any other person, including without limitation, for any indirect, special, incidental, exemplary, punitive, consequential damages or other loss of any character, relating to the Chris Collins Inc. websites or content posted therein, this agreement or activities relating thereto even if Chris Collins Inc. shall have been informed of the possibility of such damages. The limit of the aggregate liability of Chris Collins Inc. for direct damages shall not exceed the subscription fees you paid for Chris Collins Inc. “Chris Collins Inc. Mastermind® online” program. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then Chris Collins Inc. liability will be limited to the fullest possible extent permitted by applicable law.