This Confidentiality Agreement (the "Agreement") is made and entered into this [date] by and between [123SURPLUSLIST] ("Discloser") and any person or entity accessing or using this website (the SUBSCRIBER).

Purpose. The purpose of this Agreement is to protect the confidential and proprietary information of the Discloser that may be disclosed to the (SUBSCRIBER) in connection with the use of the website.

Definition of Confidential Information. "Confidential Information" means any information that is not generally known to the public and that is disclosed by the Discloser to the (SUBSCRIBER) in connection with the use of the website. Confidential Information may include, but is not limited to, trade secrets, customer lists, marketing plans, financial information, and other proprietary information.

Obligations of (RECIPIENT) The (SUBSCRIBER) agrees to keep the Confidential Information confidential and to use it only for the purposes of accessing and using the website. The (SUBSCRIBER) will not disclose the Confidential Information to any third party without the prior written consent of the Discloser.

Permitted Disclosure. The Recipient may disclose the Confidential Information to its employees, agents, and contractors who have a need to know the information in order to access and use the website, provided that such individuals are bound by obligations of confidentiality at least as protective as those set forth in this Agreement

Injunctive Relief. The (SUBSCRIBER) acknowledges that a breach of this Agreement may cause irreparable harm to the Discloser for which monetary damages may not be an adequate remedy. In addition to any other remedies available at law or in equity, the Discloser may seek injunctive relief to prevent any actual or threatened breach of this Agreement.

Term. This Agreement shall remain in effect for as long as the Recipient is accessing or using the website and for a period of [FIVE] years thereafter.

Return of Confidential Information. Upon the request of the Discloser, the Recipient will promptly return or destroy all Confidential Information in its possession or control.

No License. Nothing in this Agreement shall be construed as granting any license, right, or interest in any Confidential Information.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the [ SUBSCRIBER state or country].

Entire Agreement. This Agreement represents the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the parties.

Amendments. This Agreement may not be amended except in writing signed by both parties.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Headings. The headings in this Agreement are for convenience only and shall not affect its interpretation.

Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom it is sought to be enforced. Any such waiver shall not be deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same provision.