Terms of Use

NICHE-NEWSLETTER.com (“NICHE-NEWSLETTER”) Internet Web Site Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NICHE-NEWSLETTER (“WE” or “US”) AND GOVERN YOUR ACCESS TO, AND USE OF THE NICHE-NEWSLETTER WEBSITE LOCATED AT WWW.niche-newsletter.COM (THE “SITE”) AND THE SERVICES PROVIDED ON THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. NICHE-NEWSLETTER MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND NICHE-NEWSLETTER CAN CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.

General Use Restrictions.

NICHE-NEWSLETTER provides content and other services through the Site. All information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images (together, the “Materials”) are provided to you by NICHE-NEWSLETTER and are the copyrighted work of NICHE-NEWSLETTER or NICHE-NEWSLETTER’s licensors or contributors.

NICHE-NEWSLETTER grants you a limited, personal, non-exclusive and non-transferable license to use the Materials and use the services and the Site solely for your personal use or internal business use. You agree that you will only use this Site and the services for lawful uses. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If NICHE-NEWSLETTER becomes aware of any of the foregoing activities, NICHE-NEWSLETTER may investigate and may respond, and when appropriate, NICHE-NEWSLETTER may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that NICHE-NEWSLETTER expressly prohibits and you agree not to:

* Post any false or inaccurate Submissions (defined below) or information;
* Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
* Post any Submission or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
* Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact.
* Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorization of such other user.
* Take any action that imposes an unreasonable or disproportionately large burden on Site's infrastructure.
* Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Submissions posted by you.
* Frame or link to the Site of any of the content or information available from the Site unless NICHE-NEWSLETTER expressly consents to such linking and/or framing.
* Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service.
* Use any robot, spider or other program or device to retrieve or index any portion of the NICHE-NEWSLETTER Site;
* Harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. NICHE-NEWSLETTER reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site and/or Services or to edit, remove or close any Submission or thread for any reason.

The foregoing prohibitions do not impose on NICHE-NEWSLETTER, and NICHE-NEWSLETTER does not assume, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other member. You hereby acknowledge and agree that you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND NICHE-NEWSLETTER WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at you own risk and NICHE-NEWSLETTER is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

Privacy Policy.

Your use of the Site is governed by the NICHE-NEWSLETTER Privacy Policy, which is available at http://www.niche-newsletter.com/privacy.htm (the “Privacy Policy”).

Third Party Content.

Certain information and content may be provided by third parties to NICHE-NEWSLETTER (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. NICHE-NEWSLETTER DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

This Site may be linked to other sites that are not NICHE-NEWSLETTER Sites. NICHE-NEWSLETTER is providing these links to you only as a convenience, and NICHE-NEWSLETTER is not responsible for the content or links displayed on such sites.

Unauthorized Activities.

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold NICHE-NEWSLETTER and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) NICHE-NEWSLETTER or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

Copyright Notice.

All information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of NICHE-NEWSLETTER, Copyright © 2007 NICHE-NEWSLETTER unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Disclaimer of Warranties.

YOUR USE OF THIS SITE, THE MATERIALS AND/OR THE SERVICES IS AT YOUR OWN RISK AND YOU ASSUME ALL RISKS OF USING THIS SITE, THE MATERIALS AND/OR THE SERVICES. NEITHER THE MATERIALS NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY NICHE-NEWSLETTER, AND THEY MAY NOT BE CURRENT OR MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. NICHE-NEWSLETTER DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. NICHE-NEWSLETTER SHALL HAVE NO LIABILITY FOR MATERIALS AND/OR THIRD PARTY CONTENT THAT IS NO CURRENT OR FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY NICHE-NEWSLETTER OR OUR LICENSORS. NICHE-NEWSLETTER DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY ECONOMIC RETURN OR BENEFIT FROM THE USE OF THE MATERIALS.

NICHE-NEWSLETTER, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, CURRENCY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, THE MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND AND NICHE-NEWSLETTER DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Limitation of Liability.

NICHE-NEWSLETTER’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELIANCE ON THE INFORMATION AND/OR MATERIAL PRESENTED ON THE SITE SHALL NOT EXCEED FIFTY DOLLARS ($50.00). IN NO EVENT SHALL NICHE-NEWSLETTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF NICHE-NEWSLETTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

NICHE-NEWSLETTER controls and operates this Site from its headquarters in Nigeria and the Materials may not be appropriate or available for use in other locations. If you use this Site outside Nigeria, you are responsible for compliance with all applicable local laws.

General.

If you violate these Terms, NICHE-NEWSLETTER may terminate your access to the Site or Restricted Areas without notice. NICHE-NEWSLETTER prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by NICHE-NEWSLETTER, will result in immediate termination of your access to the Site or Restricted Areas. NICHE-NEWSLETTER has the right to terminate any password-restricted account for any reason. Nigerian law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in Nigeria. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. NICHE-NEWSLETTER’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and NICHE-NEWSLETTER and supersede all prior or contemporaneous agreements and understandings between you and NICHE-NEWSLETTER with respect to the subject matter hereof. These Terms may not be modified except pursuant to a written amendment that is executed by an officer of NICHE-NEWSLETTER.