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800.781.2320 • readyrebound.com
<br />matter jurisdiction, the courts of the State of Wisconsin sitting in Milwaukee County. Each Party agrees that a
<br />final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other
<br />jurisdictions by suit on the judgment or in any other manner provided by law.
<br />26.Waiver of Jury Trial. Each party acknowledges that any controversy that may arise under these terms,
<br />including exhibits, schedules, attachments, and appendices attached to these terms, is likely to involve
<br />complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any
<br />right it may have to a trial by jury in respect of any legal action arising out of or relating to these terms,
<br />including any exhibits, schedules, attachments or appendices attached to these terms, or the transactions
<br />contemplated hereby.
<br />Exceptions to the Terms and Conditions.
<br />Section 8 of the Terms and Conditions shall be modified to "Confidentiality. From time to time during the Term, either
<br />Party (as the “Disclosing Party“) may disclose or make available to the other Party (as the “Receiving Party“), information
<br />that is treated as confidential by the Disclosing Party, including but not limited to all non-public information about its
<br />business affairs, products or services, Intellectual Property Rights, trade secrets, third-party confidential information, and
<br />other sensitive or proprietary information (“Confidential Information“); provided, however, that “Confidential
<br />Information” does not include any information that:
<br />(a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this
<br />Section 8;
<br />(b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source,
<br />provided that such third party is not and was not prohibited from disclosing such Confidential Information;
<br />(c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or
<br />(d) was or is independently developed by Receiving Party without using any Confidential Information.
<br />(e) is subject to disclosure under the Washington Public Records Act;
<br />(f) includes these Terms/this Agreement, Statements of Work, purchase orders or other documents stating what
<br />Client pays Ready Rebound (all which may be put on Client’s public website or otherwise disclosed with no
<br />notice to Ready Rebound)
<br />During the Term and for the twelve (12) months thereafter, the Receiving Party shall:
<br />(a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the
<br />same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with
<br />less than a commercially reasonable degree of care;
<br />(b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose
<br />other than to exercise its rights or perform its obligations under these Terms; and
<br />(c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group
<br />who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its
<br />rights or perform its obligations under these Terms.
<br />If the Receiving Party is required by applicable law or legal process (other than the Washington Public Records Act) to
<br />disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to
<br />notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole
<br />cost and expense, a protective order or other remedy.
<br />Section 10 of the Terms and Conditions is deleted.
<br />Section 11.1 of the Terms and Conditions shall be modified to "In no event shall either party be liable to the other party or
<br />to any third party for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, exemplary, specia l,
<br />or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of
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