You hereby certify that any and all Confidential Information provided to you through the Bender Companies, Inc. d/b/a Bender Commercial Real Estate Services (“Bender Commercial”) website ( has been provided to you for purposes of evaluating a potential real estate transaction and will be kept confidential. For purposes of this Confidentiality Agreement, the term “Confidential Information” means all financial, technical, or business information concerning Bender Commercial or any property listed for sale or lease by or through the Bender Commercial website. You acknowledge that all Confidential Information is owned by Bender Commercial. You agree not to disclose, publish, disseminate, or otherwise permit any unauthorized use of or access to any Confidential Information without Bender Commercial’s express written consent.

You acknowledge that you will be responsible for any unauthorized disclosure, use, or disposition of any Confidential Information you access through the Bender Commercial website. The unauthorized disclosure, use, or disposition of Confidential Information could cause irreparable harm and significant injury to Bender Commercial, which may be difficult to ascertain.  Accordingly, you agree that Bender Commercial shall have the right to seek immediate injunctive relief due to any existing or threatened breach of this Confidentiality Agreement in addition to any other remedies that may be available at law or in equity. In the event of any legal action to enforce the provisions of this Confidentiality Agreement, Bender Commercial shall be entitled, in addition to any other relief granted, to recover the costs and expenses of such enforcement, including reasonable attorneys’ fees.

No rights, licenses or relations whatsoever are to be inferred or implied by the furnishing of Confidential Information to you pursuant to this Confidentiality Agreement. Bender Commercial makes no guarantee or warranty, expressed or implied, for any Confidential Information provided for any purpose.

This Confidentiality Agreement shall be subject to and construed in accordance with the laws of the State of South Dakota, without regard to its choice of laws, rules, or provisions.