Vision Platform logo and other trademarks, service marks, graphics, and logos used in connection with the Vision Platform Service are trademarks or registered trademarks licensed to Vision Platform, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Vision Platform service are the trademarks of their respective owners. Client is granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks except as part of the Vision Platform service.
In connection with its current work assignment for Client, Vision Platform will receive certain information related to Client, which has been provided to Vision Platform confidentially. In accordance with that Agreement, Vision Platform personnel are to hold such information in confidence.
In connection with its current work assignment with Vision Platform, Client may receive information related to Vision Platform technology, which has been provided to Client confidentially, under the terms of the Vision Platform Service Agreement. In accordance with that Agreement, Client agrees to hold such information in confidence.
The term “Confidential Information” shall mean any confidential and proprietary information of either party that is properly marked as confidential (or such other reasonable marking) and disclosed to the other party in the course of this Agreement. Notwithstanding anything to the contrary herein, Confidential Information shall not include information or material that: (a) was or becomes generally available to the public, other than as a result of an unauthorized disclosure by the receiving party or anyone receiving information by or through such receiving party; (b) was or become available to the receiving party on a non-confidential basis from an independent source without breach of this Agreement or any confidentiality obligations; or (c) is independently developed by the receiving party without any reliance on the Confidential Information and without breach of this Agreement or any other confidentiality obligations.
Each party agrees to hold the other party’s Confidential Information in confidence and not to disclose such Confidential Information to third parties not authorized by the disclosing party to receive such Confidential Information. Each party agrees to make reasonable efforts to protect the confidentiality of the other party’s Confidential Information, but in any event no less than the efforts typically made by such party to protect the confidentiality of its own Confidential Information. Each party will keep confidential and will not disclose the Confidential Information of the other party without the prior express and unambiguous written consent of such other party. Such information should be further protected against disclosure except to personnel having a need-to-know and used only as permitted under the terms of the Vision Platform Service Agreement. As a recipient of such information, each party is responsible for complying with this obligation, and for informing its personnel to whom they wish to furnish this information.
Client acknowledges that Vision Platform may, in the course of its performance of the Services, maintain and have access to information about Client, including information contained in Client Website Area. Subject to the rights granted to Vision Platform in Statistical Data herein, Vision Platform agrees to make all reasonable efforts to use commercially available products to prevent the unauthorized disclosure of such information and data to third parties. Vision Platform, however, does not warranty and cannot guarantee that unauthorized disclosure will not occur. Accordingly, Vision Platform disclaims all liability related to such event.
Client further acknowledges that Vision Platform may, in the course of its performance of the Services, maintain and have access to Client Data. Vision Platform keeps a record of its internet traffic data (“Statistical Data”) in a log file within the Vision Platform technology, this information is useful to Big Smartie in creating new features, marketing, and other statistical uses, and Vision Platform reserves the right to use this Statistical Data for its own business purposes, including without limitation, for marketing purposes; provided, however, that Vision Platform will never disclose customer specific information or the identity of any customer.
The Vision Platform product is patent pending with the United States Patent and Trademark Office, and portions thereof have been licensed by Sharleen Burk for inclusion in Vision Platform.
Commercially reasonable efforts will be made by Vision Platform, Inc. to back-up all client data, however, the client remains responsible for backing up their data.