Welcome to nonfik.com. Please read the following Terms of Use carefully. They govern your use of the nonfik.com site (the “Site”), which belonging to PUDDLEA INC and its affiliates (“Nonfik,” “we,” “us,” “our”), and the services offered via the Site. By accessing, viewing, downloading, or otherwise using this or any webpage or service provided on the Site, which Nonfik controls (collectively with the Site, the “Services”), you acknowledge and agree to be bound by the following terms and conditions (the “Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, or our Privacy Policy, found HERE (the “Privacy Policy”), DO NOT PROCEED WITH THIS AGREEMENT, AND DO NOT USE OR ACCESS (or continue to use or access) the Services, VIEW, DOWNLOAD, OR OTHERWISE USE ANY NONFIK WEBPAGE, INFORMATION OR SERVICES. It is your responsibility to check the Site regularly to determine if there have been changes to these Terms of Use and, if so, to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

Intellectual Property Notices

All content on the Services, including the logo, articles, documents, designs, specifications, other text and graphics on the Site (collectively, the “Site Content”) is the intellectual property of Nonfik.  The Site Content available on these Services is protected by trademark, trade dress,  and copyright laws of the U.S.  The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Nonfik.

You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Services, and solely for your own individual, internal, non-commercial use or records. Nonfik reserves the right to revoke this authorization at any time.

You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Nonfik.

Service Eligibility

You represent and warrant that (a) you are not under the age of 18; (b) you have not previously been suspended or removed by Nonfik; (c) you are not a direct competitor of Nonfik; (d) you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; (e) you understand that the use of the Services is at your own risk; and (f) it is not illegal or prohibited in your country of origin for you to access or use this Site and/or Services.

General Terms and Conditions

1. You must provide correct and complete personal and business information if requested by us if you use the Site or certain features on the Site. As part of your use of the Services, you may be required to submit certain content (including any name, contact information, business information, and other personal information), or registration details or other information to use the Services (collectively, the “User Content”).
2. By submitting any information to us, you represent and warrant that:
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   * such User Content is accurate, complete, current, and is not in violation of any contractual restrictions or other third-party rights;
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   * You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
3. All of your User Content does and will comply with these Terms of Use;
4. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Nonfik, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness;
5. You agree not to access our Site by any means other than through the interfaces we provide for use in accessing our Site. Unauthorized access of our Site is a breach of these Terms of Use and is a violation of the law; and
6. You acknowledge and agree that we are not responsible or liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Site.
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   * You acknowledge, consent, and agree that we may access, preserve, and disclose information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims of a violation of the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Nonfik, its users, or the public.
   
   * Certain materials may be made available through a password protected area on this Site. We may allow you to register and obtain an account (a “User Account”) to access such materials. If you choose, or are provided with, a username, password for your User Account, or any other piece of information as part of our security procedures, you must treat your User Account and its username and password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You are responsible for any activity conducted through your User Account, and liable for any related loss arising from that conduct. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security.
   
   * We have the right to disable any User Account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Prohibited Conduct

You expressly agree that you will not, either personally or through an agent, do any of the following:

1. Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Services;
2. Transmit, install, upload, or otherwise transfer any virus, malware, or other item or process to the Services that in any way affects the use, enjoyment, or service of the Services;
3. Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Services that in any way affects the use, enjoyment or service of any user’s or Nonfik employee’s computer or other medium used to access the Services;
4. Transmit, install, upload, or otherwise transfer any material to the Services that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic, or sexually suggestive (Nonfik reserves the sole discretion to determine the nature of the material);
5. Transmit, install, upload, or otherwise transfer to the Services any content (including any User Content) that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights);
6. Modify the information, including headers, found on the Services;
7. Transmit, install, upload, or otherwise transfer to the Services any unauthorized advertisement or communication, including but not limited to spam, and phishing emails;
8. Engage in any action that imposes an unreasonable or disproportionately large load on the Services, or that Nonfik determines, in its sole and unlimited discretion, is detrimental to the use and enjoyment of the Services;
9. Use the Services for any unlawful or defamatory purposes or activities; and
10. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NONFIK AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF, OR CONNECTION TO, THE SERVICES (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY), OR THE USER CONTENT.  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.

Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE, THE SITE CONTENT, AND ANY SERVICES, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, THE SITE CONTENT, AND ANY SERVICES, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.

NONFIK DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NONFIK MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE, THE SITE CONTENT, AND ANY SERVICES.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM NONFIK, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULL EXTENT PERMITTED BY LAW, NONFIK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH NONFIK, EVEN IF NONFIK HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, THE SITE CONTENT, OR ANY SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR ANY SERVICES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.

Termination of Service

We reserve the right, in our sole discretion, at any time, and without notice for any reason, to terminate any and all Services provided to you. We also reserve the right, in our sole discretion, to discontinue any Service or modify any Service without notice, at any time, and without liability. We reserve the right, in our sole discretion, at any time, and without notice for any reason, to deactivate your User Account, if applicable. We shall not be liable to you or any third party if we terminate your User Account and you agree to hold us harmless and indemnify us from any third-party claims arising from the termination of your User Account. You agree that any breach of this Agreement by you will result in irreparable harm to Nonfik for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Nonfik will be entitled to equitable relief, including both a preliminary and permanent injunction, if a breach occurs. You waive any requirement for the posting of a bond or other security if Nonfik seeks such an injunction.

Advertisements and Promotions

Nonfik may run advertisements, promotions, or other information from third parties on the Services.  Your correspondence or business dealings with, or participation in promotions of, entities other than Nonfik found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entity.  Nonfik is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such entities’ advertisements, promotions, or other information on the Services.

Third Party Content

You may find links to other Internet sites or resources on the Site, the Site Content, or the Services. You acknowledge and agree that Nonfik is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any of the Site Content, advertising, products, or other materials on or available from such other sites or resources. Nonfik will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods, or services available on or through any such other site or resource.

Copyright Infringement

Notices of Copyright Infringement

We will respond promptly to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services, which Nonfik controls, infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (provided below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notification (the “DMCA Notice”) must include substantially the following:

1. Your physical or electronic signature;
2. An identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
3. An identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the written notice is accurate; and
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements, your DMCA Notice may not be effective.

Please be aware that if you knowingly and materially misrepresent that material or activity on the Site is infringing a copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Site was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (provided below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

1. Your physical or electronic signature;
2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the DMCA Notice or complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly and materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Controlling Law

The laws of the State of Michigan, United States, govern any action related to the Terms of Use and/or your use of the Services. Choice of law rules of any jurisdiction will not apply to any dispute under the Terms of Use. You and Nonfik agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Michigan.

Entire Agreement

This Agreement and the Privacy Policy contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

Contact Us

If you have questions or comments about this notice, you may contact us at:

Puddlea Inc
28959 Augusta
Farmington Hills, MI
48331
United States
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‪(415) 625-3204‬ 
mekkie@nonfik.com