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 Services refers to the websites located at niche.com and related sub-domains as well as online services that include, but are not limited to, email newsletters, online content, 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 errors 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 of, your reliance on, or the performance of the Niche Services (or any content therein), regardless of the form or theory of any legal or equitable action and even if advised of the possibility of any such damages. 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. Some states do not permit certain limitations or exclusions on warranties or liabilities, so the above limitations may not apply to you (or may apply to a lesser extent).
You must be 13 years of age or older to create an account and use the Niche Services. The Niche accounts are designed for use only by students 13 years of age or older, parents, and others 13 years of age or older interested in using the Niche Services for non-commercial, personal use. The Niche accounts are also for designated representatives of schools and other entities whose services relate to the Niche Services ("Representative(s)"). By accepting these Terms you warrant to Niche that you are 13 years of age or older and that you have the authority and capacity to agree to and abide by these Terms. If you are a Representative, you also warrant that you are employed by the institution or entity 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 or account-related information in this situation. 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 account and password, whether or not authorized by you. You agree to immediately notify Niche of any unauthorized use of your account or password.
Your use of the Niche Services does not take the place of any application and does not guarantee the admittance into a school or any other desired result. Niche does not make any guarantees, representations, warranties, or promises that any Niche Services will assist you in getting admitted into a school or in obtaining any other desired result.
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.
Harassment in any manner or form on the Niche Services is strictly prohibited. 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, otherwise violate any local, state, national, or international law, or infringe upon or misappropriate any person's intellectual property, privacy or other rights.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Niche Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability related thereto. 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. However, Niche shall have the right, but not the obligation, to delete, move, or edit any content that violates these Terms 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 email@example.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, used 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, used or displayed in a manner not agreeable to you.
You agree to indemnify Niche and its parents, subsidiaries, and affiliates, and each of its and their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims, actions, liabilities, losses, damages and expenses (including attorney's fees) that may arise from (i) your submissions, (ii) your unauthorized use of material obtained from the Niche Services, (iii) your breach of any of these Terms, or (iv) any activity related to your account by you or any other person accessing the Niche Services using your account.
You consent to receive communications from Niche electronically. We will communicate with you by e-mail or by posting notices on the Niche Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All materials published on the Niche Services are the property of Niche or its content suppliers and 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. The compilation of all content on the Niche Services and on each Niche website is the exclusive property of Niche and protected by copyright laws. 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:
5830 Ellsworth Avenue
Pittsburgh, PA. 15232
Attention: David Koegler
Telephone: (412) 361-5082
Facsimile: (412) 361-5086
The notice must include the following information:
We suggest that you consult your legal advisor before filing a notice or counter-notice as the above stated notification requirements may have changed. Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
In an attempt to provide increased value to users, the Niche Services may link to sites operated by third parties. However, even if the third party is affiliated with Niche, we have no control over these linked sites, all of which may have distinct privacy and data collection practices. These linked sites are only for your convenience, and you access them at your own risk. The inclusion of such a link does not imply any endorsement of such sites or their respective activities by Niche, or constitute any association and or joint venture of any kind with the operators of such linked sites. Without limiting the foregoing, Niche specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Niche does not endorse the content, or any products or services available, on such sites. Any concerns regarding any such third party site, service, or resource, or any link associated therewith, should be directed solely to the applicable third party service, resource or site.
Niche observes, and expects third party providers to observe and to strictly adhere to, all federal, state, and local laws, rules and regulations, including, without limitation, those laws related to real estate and housing such as Title VIII of the Civil Rights Act of 1968, as amended (the Fair Housing Act). Niche neither knowingly participates in, nor condones, discriminatory housing practices such as steering or the denial of housing based upon race, color, religion, sex, handicap or disability, familial status, national origin or any other protected class or group under law.
In no event shall Niche, or any person or entity associated with Niche (including, without limitation, its officers, principals, directors, shareholders, affiliates, employees, contractors, and/or licensors), be liable in contract, tort, or any other legal theory for damages or other losses, including, without limitation, direct, indirect, incidental, special, exemplary, punitive, or consequential, arising out of the use of, referral to, and/or other activity concerning or arising from, any action or activity of third parties with whom Niche does business, including, without limitation, any third party providers or sites.
Nonetheless, we seek to protect the integrity of the Niche Services, and we request your feedback (including if a specific link does not work).
Niche is committed to providing users with many features. The companies that Niche selects as featured services providers offer products and services that users 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 websites, or for the availability and operations of their websites.
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.
Software and other materials downloaded or otherwise made available from the Niche Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Niche Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.
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, without regard to its choice of law provisions. The state and federal courts located within the Commonwealth of Pennsylvania shall have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms or the Niche Services. In addition, you agree to submit to the personal jurisdiction of such courts.
Niche may assign its rights and duties under these Terms to any party at any time without notice to you.
We welcome your questions, comments and concerns about the Niche Services. Please send us any and all feedback pertaining to the Niche Services to firstname.lastname@example.org.