Care Cash Global
This Confidentiality and Non-Disclosure Agreement (the “Agreement”) is entered into by and between Care Cash Global, a California licensed Finance Lender and Broker (DFPI File No. 60DBO-168236, NMLS ID 2353336) (“CCG”), and the undersigned company and its authorized representative (the “Recipient”), effective as of the date of electronic execution below.
1. Purpose. The parties wish to explore a potential commercial financing relationship (the “Purpose”). In connection therewith, each party may disclose certain confidential, proprietary, or non-public information to the other.
2. Confidential Information. “Confidential Information” includes, without limitation, financial statements, accounts receivable data, customer lists, pricing, underwriting criteria, business plans, trade secrets, and any other information disclosed in writing, orally, or by inspection that a reasonable person would understand to be confidential.
3. Obligations. The Recipient agrees to (a) hold all Confidential Information in strict confidence; (b) use such information solely for the Purpose; (c) limit access to employees, advisors, and affiliates with a legitimate need to know who are bound by comparable confidentiality obligations; and (d) protect such information with at least the same degree of care used to protect its own confidential information, but in no event less than a reasonable degree of care.
4. Exclusions. Confidential Information does not include information that (a) is or becomes publicly available through no fault of the Recipient; (b) was rightfully known prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law, provided prompt notice is given when legally permissible.
5. No License. No license or right is granted under any patent, copyright, trademark, or other intellectual property right by this Agreement.
6. Term. The obligations of confidentiality shall remain in effect for a period of three (3) years from the date of disclosure, or for such longer period as required by applicable law.
7. Return or Destruction. Upon written request, the Recipient shall promptly return or destroy all Confidential Information and certify such destruction in writing.
8. Remedies. The parties acknowledge that monetary damages may be inadequate and that CCG shall be entitled to seek equitable relief, including injunctive relief, in addition to any other remedies available at law or in equity.
9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions.
10. Electronic Signature. The parties agree that this Agreement may be executed electronically and that an electronic signature shall have the same force and effect as a handwritten signature pursuant to the federal E-SIGN Act and the California Uniform Electronic Transactions Act.