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.
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.
You expressly agree that you will not, either personally or through an agent, do any of the following:
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.
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.
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.
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.
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.
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.
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:
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.
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:
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.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If you have questions or comments about this notice, you may contact us at:
Farmington Hills, MI