H2 Trade Secret NDA
H2 Trade Secret NDA (Non-Disclosure Agreement) (the “Agreement”), created on May 31, 2025, is made between the company I CHOOSE – I AM NOT A VICTIM CORP (the “Company”), address 4325 Four Farms Rd., Greensboro, North Carolina, (the “Discloser/Releasor”), represented by Gabriela Humailo Parker as the Founder/CEO and all the Beneficiaries of Molecular Hydrogen Internal Hygiene™ and Hydrogen Hygiene Targeted Methods™ or the Parent/Legal Guardian if the beneficiary is minor (the “Receiver/Recipient”), and collectively known as the “Parties.”
WHEREAS, through this H2 Trade Secret NDA Agreement, the Discloser/Releasor and the Receiver/Recipient have entered into a relationship by which the Receiver/Recipient may be exposed to certain Confidential Information and Trade Secret Information of the Discloser/Releasor, which the Discloser/Releasor has an interest in protecting.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the Parties hereto, the Discloser/Releasor and the Receiver/Recipient covenant and agree as follows:
I. TRADE SECRETS INFORMATION
“Trade Secrets Information” means all information possessed by or developed for the Discloser/Releasor to which all of the following apply:
(i) The information derives an independent economic value from not being generally known.
(ii) The Discloser/Releasor takes reasonable precautions to prevent such information from being disclosed and released to the public.
In addition, throughout the duration of this Agreement between the Receiver/Recipient’s individual or business relationship with the Discloser/Releasor, and any time after the termination of such relationship, the Receiver/Recipient shall do what is reasonably necessary to prevent unauthorized disclosure of the Discloser/Releasor’s Trade Secrets Information.
Furthermore, after the termination of any such relationship, the Receiver/Recipient shall not use or disclose the Discloser/Releasor’s Trade Secrets Information as long as they remain Trade Secrets.
II. CONFIDENTIAL INFORMATION
The Receiver/Recipient acknowledges that the following information constitutes confidential trade secret information (“Trade Secret Information”) belonging to the company I CHOOSE – I AM NOT A VICTIM CORP.
“Confidential Information” means information, to the extent it is not Trade Secret Information although possessed by the Discloser/Releasor and shared with the Receiver/Recipient, including, but not limited to, business plans, strategies, existing or proposed costs, technical developments, financial or business projections, investments, marketing plans, training information, materials, and any other information that holds proprietary value to the Discloser/Releasor.
III. NON-DISCLOSURE
Except as required to further the relationship between the Discloser/Releasor and the Receiver/Recipient or as expressly authorized in writing on behalf of the Discloser/Releasor, the Receiver/Recipient shall not disclose, directly or indirectly, to any third party or make or permit to be made copies or other reproductions of any Confidential Information and Trade Secrets Information during the period of their relationship with the Discloser/Releasor or any time after the termination of such a relationship.
IV. EXCEPTIONS
The provisions of this Agreement will not be deemed to prohibit any disclosure required by law or a court order.
However, the Receiver/Recipient agrees to provide the Discloser/Releasor with reasonable prior notice and an opportunity to contest or minimize such disclosure.
In addition, the Receiver/Recipient may disclose Confidential Information or Trade Secret Information at any time, conditional upon a written release from this Agreement by the Discloser/Releasor.
V. RETURN OF TRADE SECRET INFORMATION
Upon Discloser/Releasor’s request, immediately upon termination of the relationship between the Discloser/Releasor and the Receiver/Recipient, the Receiver/Recipient shall, within 30 days, return to the Discloser/Releasor all original materials and any documents related to the Confidential Information and Trade Secret Information which are in the Receiver/Recipient’s possession.
VI. ACKNOWLEDGMENTS
The Receiver/Recipient acknowledges that:
(i) This Agreement has been specifically bargained for between the parties and reviewed by the Receiver/Recipient.
(ii) Also, the Receiver/Recipient has had an opportunity to obtain legal counsel to review this Agreement.
(iii) The covenants made by and duties imposed upon the Receiver/Recipient hereby are fair, reasonable, and minimally necessary to protect the legitimate business interests of the Discloser/Releasor.
(iv) Such covenants and duties will not place an undue burden upon the Receiver/Recipient’s livelihood in the event of termination of the Receiver/Recipient’s individual or business relationship with the Discloser/Releasor and the strict enforcement of the covenants contained herein.
(v) Any breach of this Agreement will cause substantial and irreparable harm to the Disclosure/Releasor for which monetary damages would be an adequate remedy.
VII. TERM
This Agreement and the Receiver/Recipient’s duty to hold Discloser/Releasor’s Confidential Information and Trade Secret Information in confidence never expires. It will continue until the Trade Secret Information is no longer a trade secret. Or until Discloser/Releasor sends Receiver/Recipient written notice releasing Receiver/Recipient from this Agreement, whichever occurs first.
VIII. ATTORNEY FEES AND EXPENSES
If any legal action arises relating to this Agreement, the prevailing party will be entitled to recover all court costs, expenses, and reasonable attorney fees.
IX. INTEGRATION
This is the entire Agreement between the parties regarding the subject matter. It supersedes all prior agreements or understandings between them. All additions or modifications to this Agreement must be in writing and must be signed by both parties to be effective.
X. GOVERNING LAW
This Agreement is made under and shall be governed by the laws of the State of North Carolina.
XI. SEVERABILITY
If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement will be interpreted so as best to effect the intent of the parties.
Date: May 31, 2025
I CHOOSE – I AM NOT A VICTIM CORP
Gabriela Humailo Parker – Founder/CEO