Please read the following terms before using the services of NicheInvestments.com or its affiliated websites. If you do not agree to these terms and conditions, you may not access or otherwise use these services. Your continued use of the Company's services indicates your acknowledgment that you have read and accepted these terms and conditions.
I. GRANT OF RIGHTS; LIMITED SCOPE, AVAILABILITY OF SERVICES, AND FEES
The Company grants to you a non-exclusive, non-transferable limited right to access, use and display the information and marketing services provided by the Company, as may be amended from time to time on any machine(s) of which you are the primary user.
The Services currently do not include services customarily associated with the services provided by real estate agents and/or brokers. The Company is not acting as an agent or broker in any capacity, and is merely a vehicle for sellers and buyers to transact business directly with one another. The Company is not providing any Services in any state in which the activities comprising the Services require independent licensure. The Company provides no advice and/or opinions concerning any particular property, the soundness of any proposed transaction and does not assist in matching particular buyers and sellers or in negotiating or closing any transactions related to the properties included on the Company's Web site.
You recognize that you are solely responsible for the substance and content of any information that you make available, including, without limitation, through the posting of content on the Company's Web Site through a listing or otherwise. All of such content is your responsibility. The Company will not be responsible, and cannot independently verify, and makes no representations or warranties concerning, the content information provided or received by you through your use of the Services. Any information provided by the Company in connection with its provision of the Services relating to property of others has been obtained directly from the owners of such property or from sources believed by the Company to be reliable. In connection with your use of any information made available to you through the Services, you shall be responsible for any actions taken in reliance on such information and, accordingly, you are recommended to make your own due-diligence inquiries concerning the veracity of such information and the Company assumes no liability therefor. The Company has the right to monitor the content that you or other users make by means of any Service, but shall have no obligation to do so. You agree that if the Company in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, the Company has the right, but not the obligation, to remove or deny access to such content. You expressly agree that the Company shall not be liable to you for any action the Company takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. The Company has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.
III. PROPRIETARY MATERIALS
Material accessible to you through the Company's Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
IV. PROHIBITED USES
(B) You agree not to use the Services or any e-mail address of the Company in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not to a large number of recipients. You agree not to send unsolicited mass mailings from another service which in any way implicates the use of the Company's Services, equipment or any Company e-mail address. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. For each violation by you of this provision, you agree to pay the Company damages to compensate for the lost goodwill such a violation causes, but, where warranted, such as in the case of an accidental transmission, the Company may waive all or part of any applicable charge. Payment by you under this provision shall not prevent the Company from seeking to obtain other legal remedies against you, including other damages or an injunction.
V. CHARGES AND PAYMENT
All listings on this website, www.NicheInvestments.com are free or clearly marked as requiring a fee in advance. Any person or company who advertises may at any time place or remove a listing without incurring charges or fees.
Part V. of this generic user agreement is not enforced.
(A) You are responsible for all charges associated with connecting to the Services, including, without limitation, all telephone access lines, telephone and computer equipment necessary to access the Services.
(B) You are responsible for all activities and charges from the use of the Company's Services. You agree to pay all applicable Service fees (for each applicable Service utilized by you) as well as all of your connection time charges of your ISP, surcharges, applicable taxes and other charges you incur regarding the Services.
(C) In the event of a breach of security, you will remain liable for any unauthorized use of your account with the Company until you notify the Company by written notice.
(D) The Company reserves the right to increase fees, surcharges, and to institute new fees at any time upon thirty (30) days prior notice. The Company may reduce these fees at any time without notice to you.
VI. USER INFORMATION
(A) You certify to the Company that you are not a minor (i.e., that you are at least eighteen (18) years of age).
(B) For purposes of identification, billing and marketing, you agree to provide the Company with accurate, complete, and updated information required by the Membership Profile, including your legal name, address, telephone number(s), and applicable payment data. You agree to notify the Company within ten (10) days of any changes in this Profile information. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Services.
(C) You are solely responsible for maintaining the confidentiality of your passwords, and agree that the Company will have no obligations with regard thereto.
(D) The Company reserves the right to reveal any Profile information or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency.
VIII. WARRANTY AND INDEMNIFICATION
You represent and warrant to the Company that you will not transmit by means of the Services any materials of any kind which (i) violate, plagiarize, or infringe the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to the Company that your use of the Services will at all times comply with applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless the Company and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.
The Services (including all content, software, functions, materials and information accessed or provided by any means thereof) are provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability of fitness for a particular purpose, or warranties of non-infringement. To the fullest extent permissible by law, the Company makes no warranties and shall not be liable for the use of the Services, including, without limitation, any interruption of or error in the Services under any circumstances, including, but not limited to, the Company's negligence.
X. LIMITATION OF LIABILITY
Under no circumstances shall the company be liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the services even if the company has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the company's total liability to you for all damages, losses, or causes of action exceed one (1) dollar.
In addition to any other rights of the parties set forth herein, either you or the Company may terminate this Agreement at any time upon notice. The Company also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, with respect to any breach or threatened breach of Sections III, IV, or VII or based on a breach of any of your warranties set forth in Section IX, the Company reserves the right to deny access to the Services in whole or in part, including, without limitation, removing your Membership password from the Company's server, and to refuse to provide the Services to you following such termination.
XII. MODIFICATIONS TO THE AGREEMENT
The Company has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the Company's Web Site (http://www.NicheInvestments.com and/or it's affiliated sites), or upon notice by electronic mail, or U.S. mail. Your continued use of the Services following notice of any modifications to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the Company in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of fees for any of the Services, is to terminate membership by delivering notice to the Company. Such notice will be effective upon receipt by the Company.
This Agreement constitutes the entire agreement between you and the Company with respect to the Company's Services and supersedes all prior agreements between you and the Company. Failure by the Company to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado (excluding choice of law rules). You consent to personal jurisdiction in the federal and state courts residing in the State of Colorado and the County of Delta for any action arising out of or relating to your use of the Company's Services. The federal and state courts residing in the State of Colorado and the County of Delta shall have exclusive jurisdiction over all such actions and you specifically waive any defenses that you may have by means of a claim of forum non-conveniens. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorneys fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.