Confidentiality Agreement
TERMS, CONDITIONS AND CONFIDENTIALITY AGREEMENT
You are requesting access to the Kruse Acquisitions, LLC secure data site. All of the information in this site is HIGHLY CONFIDENTIAL. The submission of information to, and/or use of, the business information (“Service”) available through Kruse Acquisitions, LLC secure data site (located at https://kruseacquisitions.securevdr.com) is subject to the following terms and conditions. By submitting information to, or accessing information from, the site, YOU, the end user customer (“Customer”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you, Kruse Acquisitions, LLC and any business whose information you obtain herein or from follow up communications. If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Kruse, Acquisitions, LLC.
1. Any information viewed will be used solely for the purpose of evaluating a possible transaction.
2. You will not, without prior consent, disclose any of the information contained herein (or obtained through follow-up communications with either Kruse Acquisitions, LLC or the customers whose information you viewed at this service) , including the fact that any business herein may be for sale, to any third party, except as required by applicable laws or legal process.
3. You will not, without our prior consent, make contact with any of the companies, management, employees or customers identified in these documents, other than those whose names you otherwise secure in the ordinary course of your business. The information may be shared only with your affiliates, directors, officers, employees and agents (including attorneys, accountants, financing sources, and financial advisors) who need to know the information in order to assist you with evaluating the opportunity.
4. You will not, without our prior consent, disclose to any person either the fact that the discussions or negotiations are taking place concerning a possible transaction or any of the terms and conditions thereof.
5. In the event that a transaction between you and one of the companies, whose information you obtain from this site (or from follow up communications with Kruse Acquisitions, LLC or one of the respective companies,) is not consummated, all Information, including materials containing any such Information, including all copies made by the Receiving Party and its Representatives shall, upon the written request of the Disclosing Party, be destroyed by the Receiving Party. The Receiving Party shall, upon written request of the Disclosing Party, certify in writing that all materials containing such Information (including all copies thereof) have been so returned or destroyed as required by this Agreement. Notwithstanding anything in this Agreement to the contrary, neither Party shall be obligated to destroy that Information comprised of electronic data maintained on backup tapes or similar electronic archives maintained in the ordinary course of business for records keeping purposes, provided access to those archives is restricted. Any Information contained therein shall remain subject to the obligations imposed in this Agreement, notwithstanding any other provision to the contrary contained herein. The term Information does not include Information that is now in the public domain through no fault or action of yours or information known by you prior to receipt of this agreement from independent sources as evidenced by written records, and which was not acquired directly or indirectly from this site, Kruse Acquisitions, LLC or from follow up communications with one of the respective companies.
6. We have not verified, nor will we verify, the accuracy of the information provided for posting at this service. Verifying the accuracy of any information provided herein or through subsequent documentation is your sole responsibility.
7. Unless we have a written engagement with you or your firm, we represent the seller in any transaction. As our customer, we will treat you fairly and answer your questions honestly but, as agents of the seller, we are obligated to represent their best interests in the transaction.
8. This agreement shall remain in effect for one year from today.