Privacy Policy
Every member’s registration data and various other personal information are strictly protected by the
Nufold Inc Online Privacy Policy (see the full Privacy Policy at www.miamialuminumpergolainc.com ). As a member, you herein consent to the collection and use of
the information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by Nufold Inc and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply
with all local rules relating to online conduct and that which is considered acceptable Content.
Uploading, posting and/or transferring of software, technology and other technical data may be subject
to the export and import laws of the United States and possibly other countries. Through the use of our
network, you thus agree to comply with all applicable export and import laws, statutes and regulations,
including, but not limited to, the Export
AdministrationRegulations ( http://www.access.gpo.gov/bis/ear/ear data.html), as well as the sanctions
control program of the United
States (http://www.treaswy.gov/resource center/sanctions/Programs/Pages/Programs.aspx). Furtherm
ore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststochechtm)nor a member of
any other government which may be part of an export-prohibited country identified in applicable export
and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Nufold Inc shall not lay claim to ownership of any content submitted by any visitor or user, or make such
content available for inclusion on our website Services. Therefore, you hereby grant and allow for
Nufold Inc the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Nufold Inc’s
sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform
and/or publicly display said Content on our network Services is for the sole purpose of providing and
promoting the specific area to which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Nufold Inc’s sites, and shall terminate at such
time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Nufold Inc’s sites, the license provided to permit to use, distribute, reproduce,
modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the
sole purpose of providing and promoting the specific area in which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of Nufold Inc’s sites and
shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Nufold Inc ‘s sites, the continuous, binding and completely sub-licensable license which is meant to
permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any such Content into other
works in any arrangement or medium currently used or later developed.
Those areas which may be deemed “publicly accessible” areas of Nufold Inc’s sites are those such areas
of our network properties which are meant to be available to the general public, and which would
include message boards and groups that are openly available to visitors.
CONTRIBUTIONS TO COMPANY WEBSITE
Nufold Inc provides an area for our users to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree
that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) Nufold Inc shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;
c) Nufold Inc shall be entitled to make use of and/or disclose any such Contributions in any such manner
as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Nufold Inc; and
e) Nufold Inc is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users herein agree to insure and hold Nufold Inc, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not liable for any claim or demand, which may include,
but is not limited to, reasonable attorney fees made by any third party, which may arise from any
content a user of our site may submit, post, modify, transmit or otherwise make available through our
Services, the use of Nufold Inc Services or your connection with these Services, your violations of the
Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Nufold Inc’s sites.
MODIFICATIONS
Nufold Inc shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers
located on or through our Services, which may include the payment and/or delivery of such related
goods and/or Services, and any such other term, condition, warranty and/or representation associated
with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein
agree that Nufold Inc shall not be held responsible or liable for any loss or damage of any nature or
manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers
on our website.
LINKS
Either Nufold Inc or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore,
you acknowledge and agree that Nufold Inc shall not be responsible or liable, directly or indirectly, for
any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made available on or through any
such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Nufold Inc’s Services and any essential software that may be
used in connection with our Services (“Software”) shall contain proprietary and confidential material
that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents
or other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Nufold Inc or such applicable licensor, you agree not to alter, modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic
works which are based on Nufold Inc Services (e.g. Content or Software), in whole or part.
Nufold Inc herein has granted you personal, non-transferable and non-exclusive rights and/or license to
make use of the object code or our Software on a single computer, as long as you do not, and shall not,
allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form,
and as such, not to use any modified versions of the Software, including and without limitation, for the
purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided by Nufold
Inc for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF NUFOLD INC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES
AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. NUFOLD INC AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) NUFOLD INC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS
MAKE NO SUCH WARRANTIES THAT (i) NUFOLD INC SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) NUFOLD INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NUFOLD
INC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH
ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NUFOLD INC
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH
YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED
BY YOU FROM NUFOLD INC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER
SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY
PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN
EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NUFOLD INC AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities,
please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for
this particular type of information, the phrase “Let the investor beware” is appropriate. Nufold Inc’s
content is provided primarily for informational purposes, and no content that shall be provided or
included in our Services is intended for trading or investing purposes. Nufold Inc and our licensors shall
not be responsible or liable for the accuracy, usefulness or availability of any information transmitted
and/or made available by way of our Services, and shall not be responsible or liable for any trading
and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that
there shall be third-party beneficiaries to this agreement.
NOTICE
Nufold Inc may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any
such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to
have received any and all notices that would have been delivered had you accessed our Services in an
authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Nufold Inc trademarks, copyright, trade
name, service marks, and other Nufold Inc logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Nufold Inc. You herein agree
not to display and/or use in any manner the Nufold Inc logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Nufold Inc will always respect the intellectual property of others, and we ask that all of our users do the
same. With regards to appropriate circumstances and at its sole discretion, Nufold Inc may disable
and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights
of others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated, you
should provide to us the following information:
• The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
• A description of the location of the site which you allege has been infringing upon your work;
• The physical address, telephone number, and email address;
• A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
• And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is the truth and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Nufold Inc Agent for notice of claims of copyright or other intellectual property infringement can be
contacted as follows:
Mailing Address:
Nufold Inc
Attn: Copyright Agent
16175 NW 167 Street G-21,
Miami, Florida
Telephone: 786-505-8855
Email: miamialuminumpergola@gmail.com
CLOSED CAPTIONING
BE IT KNOWN, that Nufold Inc complies with all applicable Federal Communications Commission rules
and regulations regarding the closed captioning of video content. For more information, please visit our
website at www.miamialuminumpergolainc.com
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Nufold Inc and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with respect to Nufold Inc
Services. You may also be subject to additional terms and conditions that may apply when you use or
purchase certain other Nufold Inc Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Nufold Inc with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of Florida without regard to its conflict of
law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to
the TOS, or the relationship between you and Nufold Inc, shall be filed within the courts having
jurisdiction within the County of Dade, Florida or the U.S. District Court located in said state. You and
Nufold Inc agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive
any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Nufold Inc fail to exercise or enforce any right or provision of the TOS, such failure
shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim
or action arising out of or related to the use of our Services or the TOS must be filed within 3 year(s)
after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Nufold Inc as follows: Mailing Address:
miamialuminumpergola@gmail.com