THESE PROPRIETARY MATERIALS TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (THE “PARTICIPANT”) AND LUCKY FALCON, LLC (“LUCKY FALCON”, “COMPANY”, “WE”, “OUR”, OR “US”). THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF OUR PROPRIETARY MATERIALS, AS DEFINED BELOW.
BY ACCESSING THE PROPRIETARY MATERIALS, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE PROPRIETARY MATERIALS.
The terms and conditions of our Terms of Service are also incorporated by reference herein. In the event of a conflict between this Agreement and our Terms of Service, this Agreement shall control.
In consideration of the Participant being presented with either copyrighted or proprietary educational materials regarding Distal Needling Acupuncture® (DNA™), Medical Pulse Diagnosis® (MPD®), and clinic improvement instructions from Company either in writing, electronic, video, or oral form, the Participant agrees to the following terms and covenants as follows:
- “Proprietary Materials” mean any information of the Company regarding Distal Needling Acupuncture® (DNA™), Medical Pulse Diagnosis® (MPD®), and clinic improvement instructions from the Company either in writing, electronic, video, or oral form, whether or not so marked or identified as such.
- Participant acknowledges that the Proprietary Materials are the property of the Company; that they have been developed and obtained through great effort and expense; and that Participant will not permit the same to be reproduced, copied, transmitted, displayed, published, used, sold, offered for sale anywhere in the world, in whole or in part, or derivative works created therefrom without the express written permission of, attribution to, and compensation to the Company.
- Participant will neither publish nor teach the techniques disclosed in the Proprietary Materials, nor assist others in doing so without the written permission of the Company.
- Except as provided for in this Agreement, the Participant will not reproduce, copy, transmit, display, express written permission of, attribution to, and compensation to the Company.
- All Proprietary Materials disclosed under this Agreement will be and remain the property of the Company, and nothing contained in this Agreement will be construed as granting or conferring any rights to such Proprietary Materials.
- Participant agrees that the Company will suffer irreparable damage if its Proprietary Materials is made released to a third party, or otherwise used in breach of this Agreement, and that the Company will be entitled to obtain injunctive relief against a threatened breach or continuation of any such a breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
- The Proprietary Materials subject to this Agreement are made available “as such” or “as is” and no warranties of any kind are granted or implied with respect to the quality of such Proprietary Materials.
- Nothing in this Agreement will be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Company and Participant. This Agreement will remain in effect indefinitely, unless otherwise agreed.
- This Agreement will be construed and interpreted by the laws of the United States of America and Washington State. Participant consents to personal jurisdiction being exercised by the King County Superior Court or U.S. District Court, Western District of Washington, and consents to venue being Seattle, Washington.