Terms of Use

These Terms of Use and Privacy Policy (the "Terms") were last updated on September 18, 2013.

Niche.com, Inc. ("Niche" or "we") welcomes you. We provide the Niche Services (as defined below) to you subject to the following Terms. These Terms may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Niche Services by you will constitute your acceptance of any changes or revisions to the Terms. If you do not agree with the Terms, please do not use the Niche Services. Niche does not control, and is not responsible for, any third-party site to which the Niche Services link.

Privacy

To use Niche Services, you also represent that you have read and understood our Privacy Policy. Niche may disclose personal information if we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Web site; or (4) protect the personal safety, property, or rights of our users or the public.

Description of Niche Services

Niche Services refers to the websites located at niche.com as well as online services that include, but are not limited to, email newsletters, premium online content, Facebook applications, scholarship listings, mobile applications and various medium or devices now known or hereafter developed (collectively, the "Niche Services"). The materials contained on the Niche Services are provided by Niche as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for information purposes only. You acknowledge that you are using the Niche Services at your own risk. Niche assumes no responsibility for error or omissions in these materials. Niche makes no commitment to update the information contained herein. Niche makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Niche Services, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Niche Services, or that the Niche Services will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Niche or any other party via the Niche Services shall create any warranty or result in any liability. Niche does not warrant or make any representations regarding the use or the results of the use of the materials at the Niche Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Niche or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Niche Services. Niche periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Niche shall have no liability for the resulting unavailability of the Niche Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Niche Services.

Account Registration Information

You must be 13 years of age or older to create an account and use the Niche Services. The Niche accounts are for high school students, their parents, and those seeking higher education as well as designated representatives of colleges, universities, high schools and for profit and not for profit post-secondary educational institutions ("Representative(s)"). By accepting these Terms of Use you warrant to Niche that you are 13 years of age or older and that you have the authority and capacity to agree and abide by these Terms of Use. If you are a Representative, you also warrant that you are employed by the institution you have designated and are authorized to act on its behalf in an official capacity on the Niche Services. You may opt out of any future usage of your account in our database by cancelling your account. However, if you have chosen to share your account information with a Representative, the Representative may have saved a copy of your account information, and Niche is not responsible for the retention, use of, or privacy of accounts in this situation. Your use of the Niche Services does not take the place of any entrance application. It does not guarantee the admittance into a school and Niche does not make any guarantees, representations, warranties, or promises that such will assist you in getting admitted into a school. Niche Services users are the sole creators of their accounts and Niche does not independently verify the information provided. You are responsible for maintaining the confidentiality of your Niche Services account and password. You shall be responsible for all uses of your registration and password, whether or not authorized by you. You agree to immediately notify Niche of any unauthorized use of your account or password.

Expressing Interest in a School

Users of the Niche Services may be prompted to express their interest in a school by expressing "Yes", "Maybe", or "No" to the prompt, "Are You Interested? " Each time you select "Yes", "Maybe", or "No", we update your Recommended Schools list accordingly as we learn your school preferences. If you select "Yes" or "Maybe" for a school, then we’ll add it to your My Schools list. Depending on your preference, which you can manage inside your account, we may attempt to inform these schools of your interest. If we can reach the school, we’ll share your profile information with them so that they can contact you directly. If you select "No" for a school, then we’ll remove it from your list of possible recommended schools. Regardless of your level of interest in a school, Niche always recommends that you follow-up with schools directly as we cannot guarantee that we can connect you with every school. This feature is only available to those who have registered for a free account.

User Generated Content

Niche, through its forums, provides users an opportunity to post content to the Niche Services. Niche does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not upload, post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials uploaded, posted or transmitted in a Niche Services forum, whether publicly uploaded or posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Niche, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Web site. Niche does not and cannot review the content posted by users and is not responsible for such content. However, Niche shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by Niche in its sole discretion and without notice. You may report any violations of these posting guidelines by emailing support@niche.com.  If you upload, post, or otherwise transmit content to the Niche Services, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by Niche or third parties in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you. You agree to indemnify Niche and its parents, subsidiaries, and affiliates, and each of the irrespective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web site, from your breach of these Terms, and from any such acts arising through your use of the Niche Services.

Copyright

All materials published on the Niche Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Niche or, in the case of content licensed by Niche from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from the Niche Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material. In the event you believe that any content posted on the Niche Services infringes your copyright or other intellectual property rights, you may notify Niche by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Niche's Copyright Agent:

Niche.com, Inc.
5830 Ellsworth Avenue
Suite 101
Pittsburgh, PA. 15232
Attention: Mark Benvenuto
Telephone: (412) 361-5082
Facsimile: (412) 361-5086
E-mail: mark@niche.com

Featured Services

Niche is committed to providing users of its site with as many features as possible. The companies that Niche selects as featured services providers offer products and services that site visitors may find useful. Niche in certain cases may have a business relationship with certain third parties that it selects as featured service providers. Niche is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their Web sites, or for the availability and operations of their Websites.

Educational Institutions

We work with colleges, universities, high schools and for profit and not for profit post-secondary educational institutions to provide targeted recruiting and outreach. Only those school representatives who have registered and been authenticated by Niche in accordance with our policies are allowed to participate. Authorized personnel from the educational institutions may also provide information on the schools, update admissions data and provide calendars or other information. The accuracy of this information is not guaranteed. Educational institutions use our student data in their recruitment efforts, but the Niche Services is not an application tool. All of our users must still perform the institution appropriate application process as the Niche Services does not replace the application process.

Jurisdiction

You agree that any claim, action, or proceeding arising out of these Terms, or your use of the Niche Services, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Pennsylvania. In addition, you agree to submit to the personal jurisdiction of such courts.