The LAw offices of Miguel A. Muñoz
The LAw offices of Miguel A. Muñoz
Attorney-Client Privilege
(1) a Communication (2) made in Confidence (3) between a Client (4) and Counsel (5) for the purpose of seeking or providing legal counsel or advice.
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (this "Agreement") is made effective as of ________________, between The Law Offices of Miguel A. Muñoz A.P.C., of Los Angeles, CA. _________________, _________________ _________________, and _________________, of _________________, _________________, _________________ _________________.
_________________ is engaged in _________________.
_________________ is engaged in _________________.
_________________
The Owner has requested, and the Recipient agrees that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows:
I. CONFIDENTIAL INFORMATION. The term "Confidential Information" means any information or material which is proprietary to _________________, whether or not owned or developed by _________________, which is not generally known other than by _________________, and which _________________ may obtain through any direct or indirect contact with _________________.
A. Confidential Information includes, without limitation:
- business records and plans
- financial statements
- customer lists and records
- technical information
- pricing structure
- costs
- Personal Information shared during discussions and consultations
and other proprietary information.
B. Confidential Information does not include:
- matters of public knowledge that result from disclosure by _________________
- information rightfully received by _________________ from a third party without a duty of confidentiality
- information independently developed by _________________
- information disclosed by operation of law
- information disclosed by _________________ with the prior written consent of _________________
and any other information that both parties agree in writing is not confidential.
II. PROTECTION OF CONFIDENTIAL INFORMATION. _________________ understands and acknowledges that the Confidential Information has been developed or obtained by _________________ by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of _________________ which provides _________________ with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, _________________ agrees to hold in Confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of _________________. In addition, _________________ agrees that:
No Copying/Modifying. _________________ will not copy or modify any Confidential Information without the prior written consent of _________________.
Application to Employees. Further, _________________ shall not disclose any Confidential Information to any employees of _________________, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of _________________.
Unauthorized Disclosure of Information. If it appears that _________________ has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, _________________ shall be entitled to an injunction to restrain _________________ from disclosing, in whole or in part, the Confidential Information. _________________ shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
III. NO WARRANTY. _________________ acknowledges and agrees that the Confidential Information is provided on an AS IS basis. _________________ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL _________________ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. _________________ does not represent or warrant that any product or business plans disclosed to _________________ will be marketed or carried out as disclosed, or at all. Any actions taken by _________________ in response to the disclosure of the Confidential Information shall be solely at the risk of _________________.
IV. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. The obligations of confidentiality shall survive indefinitely from the date of disclosure of the Confidential Information. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of California. This Agreement shall not be assignable by either party, and neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect after the effective date of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed and delivered in the manner prescribed by law as of the date first written above.
Information Owner:
By: The Law Offices Miguel A. Muñoz, A.P.C.
Date:
__________________________
Signed: Electronically signed via website
By: Client Name (Recipient)
Date:
___________________________
Recipient Signature:
____________________________________
The LAw Offices of Miguel A. Muñoz, A.P.C.
(323) 657-6565 Ext 101
All rights reserved.
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