The Game NDA Access

Phill Grove’s The Game

NON-DISCLOSURE AGREEMENT

This Non-Disclosure Agreement (the “Agreement”), effective on the date of the last signature hereto, is entered into by and between Love American Homes, LLC, a Texas limited liability company, having its principal place of business at 3575 Lost Creek Blvd, Austin, TX 78735 (“Company”) and the end user (“Recipient”). The Recipient wishes to learn about and participate in the Company’s seminars, classes, workshops and programs on personal development, motivation and effectiveness, and in connection with the same, the Company has been and/or will provide Recipient with certain confidential. The parties hereto wishing to ensure due protection of Company’s confidential information, and in consideration for such disclosure and other valuable consideration the receipt and sufficiency is hereby acknowledged, the parties hereto hereby agree as follows:

1. Confidential Information. “Confidential Information” shall be information disclosed to Recipient in written, oral, video or other medium, relating to the Company’s business, including, without limitation, educational services, namely, seminars, classes, workshops and programs in the field of personal development, motivation and effectiveness, and course materials in connection therewith in printed or electronic format, downloadable mobile applications and computer software in the field of personal development, motivation and effectiveness, and printed and online publications, namely, brochures, booklets, and teaching materials in the field of personal development, motivation and effectiveness.
2. Nondisclosure and Nonuse Obligations. Recipient agrees that Recipient shall treat all Confidential Information of Company with at least the same degree of care as Recipient accords its own confidential information. Recipient further represents that Recipient exercises at least reasonable care to protect its own confidential information. If Recipient is not an individual, Recipient agrees that Recipient shall disclose Confidential Information only to those of its employees who need to know such information and certifies that such employees have previously signed a copy of this Agreement.
3. Rights and Disclaimers. All the Company’s Confidential Information shall remain the sole property of the Company. No right, title or interest or any other right, including any right of ownership or license, are granted or conveyed to Recipient by this Agreement. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” COMPANY MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE ACCURACY, COMPLETENESS OR PERFORMANCE OF CONFIDENTIAL INFORMATION, AND COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. Injunctive Relief. The Recipient acknowledges and agrees that due to the unique nature of the Company’s Confidential Information, there can be no adequate remedy at law or equity for any breach of its obligations hereunder, that any such breach may allow the Recipient or third parties to unfairly compete with the Company resulting in irreparable harm to the Company, and therefore, that upon any such breach or any threat thereof, the Company shall be entitled to appropriate equitable relief including injunctive relief and/or a decree for specific performance, in addition to whatever remedies it might have at law.
5. Miscellaneous. This Agreement shall be governed by the laws of the State of Texas, without reference to conflict of laws principles, and any suit to enforce this Agreement shall be brought exclusively in Travis County, Texas and the parties hereby submit to the personal jurisdiction of such courts and waive any venue objection. This Agreement may not be amended, nor any obligation waived, except by a writing signed by both parties. Recipient agrees that Recipient’s obligation of nondisclosure and nonuse in this Agreement shall survive the cancellation or termination of this Agreement. Neither party may assign this Agreement without the express written consent of the other party, and any prohibited assignment shall be void. This Agreement does not create any agency, partnership or employment relationship between the parties hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date this agreement is accepted by Recipient.