CONFIDENTIALITY, NON-COMPETITION, AND NON-SOLICITATION AGREEMENT
This Confidentiality, Non-Competition, and Non-Solicitation Agreement (“Agreement”) is entered into between you, the user (“User” or “You”), and Siber Façade Group Inc. (“SFG”), along with its subsidiaries, parents, joint ventures, affiliated entities, and its successors and assigns (collectively, the “Company” or “SFG”). By accessing and using this website, you agree to be bound by the terms of this Agreement.
1. Consideration
In consideration of your access to and use of the SFG website and any associated services, you agree to the terms and conditions outlined in this Agreement.
2. Restrictive Covenants
a. Definitions
- “Business of SFG” refers to the competitive business of developing, manufacturing, marketing, distributing, and selling building envelope components, façade fenestration, window and door/entrance systems.
- “Competitive Business(es)” includes any entity or individual engaged in similar activities as SFG, including developing, manufacturing, marketing, distributing, and/or selling similar products.
- “Confidential Information” refers to any information about SFG and its operations, customers, prospects, and vendors that is not publicly known and that you may learn through your interaction with the SFG website or related services.
b. Duty of Confidentiality
You agree that during your use of the SFG website and for a period of five (5) years following the termination of such use, you will not disclose or use any Confidential Information acquired through your interaction with SFG for any purpose outside of your use of the SFG website, without the prior written consent of SFG. This includes, but is not limited to, any information regarding SFG’s business strategies, customer lists, pricing, and product development.
c. Non-Competition
During your use of the SFG website and for a period of twelve (12) months thereafter, you agree not to engage in any Competitive Business that may directly or indirectly compete with the Business of SFG.
d. Non-Solicitation
You agree that during your use of the SFG website and for twelve (12) months following the termination of your use, you will not, directly or indirectly, solicit or attempt to solicit any business from SFG’s customers, prospects, or vendors with whom you had contact through your interaction with SFG.
e. Return of Confidential Information
Upon the termination of your use of the SFG website, you agree to return or delete any Confidential Information in your possession.
3. Governing Law and Remedies
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada, without reference to principles of conflict of laws. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of British Columbia.
4. Construction of Agreement
The terms of this Agreement are intended to be enforceable. If any part of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
5. Entire Agreement
This Agreement represents the entire understanding between SFG and you regarding the matters addressed herein. It may not be modified except in writing, signed by both you and an authorized representative of SFG.
By using this website, you acknowledge that you have read and understood this Agreement, and agree to be bound by its terms. If you do not agree with any part of this Agreement, you must discontinue your use of the SFG website and services.