I, a team member (the “Recipient”) at Rescue America (“Rescue America”) agree to the following:
1. Scope of Agreement. In entering this Agreement, I acknowledge I am doing so in consideration of my continued association with Rescue America. It is understood and agreed that Rescue America may provide certain information that is and must be kept confidential, and therefore, the parties are entering into this Agreement to ensure the protection of such information and to preserve any confidentiality necessary.
2. Confidential Information Defined. “Confidential Information” means any nonpublic information pertaining to Rescue America's operations and any information pertaining to individuals served by Rescue America. Confidential Information includes information disclosed by Rescue America to you, and information developed or learned by you during the course of or as a result of your association with Rescue America , which you also agree is Rescue America's property. Confidential Information includes, without limitation, information and documents concerning the names, contact information, identifying characteristics, photographs, personal stories and locations of contact of individuals seeking or receiving the help of Rescue America, or who have otherwise contacted Rescue America, at any time, for any reason related to its mission. The Recipient will not disclose the Confidential Information obtained from Rescue America unless required to do so by law.
3. Safeguarding, Use and Disclosure of Confidential Information. I agree that the Confidential Information is highly confidential. Accordingly, I will not use or disclose Confidential Information except as expressly permitted herein. Further, I will:
(a) safeguard the Confidential Information from unauthorized use or disclosure;
(b) use the Confidential Information only as directed by Rescue America;
(c) not make copies of any Confidential Information unless directed by Rescue America;
(d) disclose the Confidential Information only to persons who have signed a confidentiality agreement at Rescue America's express direction and who have a need to know the Confidential Information in order to further the mission of Rescue America, or as required by law.
4. Breach. I agree that unauthorized use or disclosure of Confidential Information by me would cause irreparable injury and harm to Rescue America for which Rescue America would not have an adequate remedy at law, and for which Rescue America shall be entitled to obtain ex parte equitable relief in any court of competent jurisdiction, without the necessity of posting bond, in addition to pursuing other remedies at law or equity. This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Recipient’s possession on a non-confidential basis before receipt from Rescue America; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to Rescue America; or (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of Rescue America; or (e) is independently derived by Recipient.
5. Return/Destruction of Confidential Information. I will immediately return any Confidential Information in my possession upon the request of Rescue America.
6. No Employment Resulting from this Agreement. This Agreement is solely to establish the confidentiality and non-disclosure standards between Rescue America and me; this Agreement will not serve as proof of employment or agency between Rescue America and me.
7. Governing Law; Forum. This Agreement shall be construed under the laws of the State of Texas, without regard to the principles of conflicts of law. I agree and consent that jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal, state and local courts in Harris County, Texas.
8. Severability. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.