Confidential Information means:
(i) All information (A) to which User, the Reserve or the Service Provider, or any third party (to the extent such third party 23 owes a duty of confidence to User, the Reserve or the Service Provider) has rights, and (B) which is marked to expressly indicate its confidential, restricted, or proprietary nature by the party having rights in the same, or which, under all of the circumstances, a reasonable business person should know to treat as confidential, restricted, and/or proprietary; and
(ii) all information that, at the applicable time, is deemed to be Confidential Information pursuant to Section 9(b)(v). Notwithstanding the foregoing and any provision of Section 9(b)(v),
Confidential Information does not include information:
(i) that is, as of the time of its disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party;
(ii) that was known to the receiving party as of the time of its disclosure;
(iii) that is independently developed by the receiving party without reference to the Confidential Information of the disclosing party;
(iv) that subsequent to its disclosure, is received by the receiving party from a third party not subject to an obligation of confidentiality with respect to the information disclosed; or
(v) with respect to which the disclosing party provides to the receiving party in accordance with Section 10(i) or through an electronic interface comprising part of the Program an express waiver of any confidentiality protection under these Terms of Use.
