This Confidentiality & Intellectual Property Agreement (“Agreement”) is entered into by and between the undersigned participant (“Participant”) and Rapid Success Chiropractic Training (“RSCT”), owned and directed by Dr. Mark S. Kimes, D.C. By signing this Agreement, Participant acknowledges, agrees, and covenants as follows:
For purposes of this Agreement, “Confidential Information” shall mean all training materials, scripts, manuals, protocols, documents, systems, videos, and all other proprietary or intellectual property provided by RSCT, whether written, electronic, oral, or otherwise. Confidential Information expressly includes, without limitation, all information marked or unmarked as confidential that is made available to Participant through RSCT.
All RSCT content, including Confidential Information, is and shall remain the sole and exclusive property of Dr. Mark S. Kimes, D.C. Nothing in this Agreement shall be construed as granting any license, rights, or ownership to the Participant, other than the limited right to use such materials for personal training within RSCT.
Participant agrees to maintain the strict confidentiality of all Confidential Information. Participant shall not disclose, copy, reproduce, distribute, adapt, sell, license, or use such information for any purpose other than training within RSCT, without the prior written consent of Dr. Mark S. Kimes, D.C. Any unauthorized use constitutes a material breach of this Agreement.
Participant acknowledges that any breach of this Agreement will cause irreparable harm to RSCT and Dr. Kimes, for which monetary damages may be inadequate. Accordingly, RSCT shall be entitled to: (a) immediate injunctive relief to prevent further unauthorized use or disclosure; (b) recovery of actual damages; (c) liquidated damages in the amount of not less than twenty-five thousand dollars ($25,000) per violation; and (d) reimbursement of attorney’s fees and court costs incurred in enforcing this Agreement.
Participant agrees that it is their sole responsibility to comply with all applicable federal, state, and local laws, as well as their professional chiropractic licensing board regulations, prior to implementing any procedures, systems, or practices introduced through RSCT.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Monterey County, California.
By using thid website, Participant acknowledges that they have carefully read, fully understand, and voluntarily agree to the terms of this Agreement. Participant affirms that they are legally competent to enter into this Agreement.