We have a 3 week return policy, which means you have 3 weeks after receiving your item to request a return.
To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
To start a return, you can contact us at firstname.lastname@example.org. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You can always contact us for any return question at email@example.com
Damages and issues
Please inspect your order upon reception and contact us immediately at firstname.lastname@example.org
if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Exceptions / non-returnable items
Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.
Unfortunately, we cannot accept returns on sale items or gift cards.
To exchange an item, contact customer service at email@example.com.
In this Policy, we will outline and describe the following with respect to the personal information that we collect:
The services that we provide and to which this Policy applies include online services such as email newsletters, online content including relevant targeted ads, scholarship listings, and mobile applications for various medium or devices in use now or in the future (together, the “Services”).
We use Shopify to power our online store. You can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy
I. Categories of Information we collect and its sources
A. Information you provide:
If you create a login account on our Site, the personal information that you provide includes your name and email address, and such other information as we may require. Also, if you contact us, we collect additional information such as your location, and any personal information that you provide in your contact request. We also collect your personal data when you call us on our service number. This includes information, such as your name and contact information, your phone number as well as the content of your message.
We also collect other information in the form of the content that you choose to submit during your use of our Site. For example, if you apply for or win a scholarship contest, you may be asked for information, such as high school graduation year, that Niche may share with schools for which you have expressed interest. Other information that you may choose to submit when using the Services or our Site includes your age, citizenship, details of academic and work history, work place, preferences and goals related to the Niche Services, test scores and other personally sensitive information entered into your user account. Likewise, if you post in a user review or opinion survey, or comment on one of our articles our blogs, the information that you post becomes public, and is a part of the information about you that we collect. This information may include your personal comments and positions on topics which could include political information and other information of a sensitive nature that you choose to submit.
B. Information collected automatically:
Whether or not you create an account with us, certain information that identifies you may be passively collected and stored on our or our service providers’ server logs, including your Internet Protocol (“IP”) address, browser type, operating system and information regarding what pages you accessed when you visited our Site, and when (e.g., the date and time of your visit to our Site), and the information for which you searched and which you viewed.
C. Information collected from third parties:
We may also collect information about you from any social network or other platform (such as from Facebook, Twitter or other third-party social network sites) that you may have connected to or from. This information includes your login and profile information, and the actual social media networks you used. Further, we may associate this personal information obtained from these sources with the other personal information we have collected about you from other sources as described in this Policy. We do not control or supervise how these third-party sources process your personal information, and any request that you have regarding the disclosure of your personal information from them to us should be made directly to those third parties (such as Facebook).
In addition to the information that we collect as described above, we also collect information about you from our third-party integrators and vendors, such as Google Analytics, Fullstory, surveygizmo, and similar services. Personal data that we collect through these channels includes for example, IP address, access times, browser type and language, device type, device identifiers.
II. How we use your information – our purpose for collection
For each of the categories of personal information set forth in Section I above, we use your personal information in order to provide you with meaningful and relevant Services, which includes information about schools, where to live and where to work. In addition, we may use your personal information for the following purposes:
to respond to any questions or comments that you submitted to us on our Site or otherwise; to carry out any obligations entered into between us, such as providing you with Services that you have requested; to notify you of changes to our Services; to seek your views or comments on the Services we provide and send you communications by post, e-mail or text message which you have requested or that may be of interest to you, including newsletters, or promotions of our Services or events; to measure the adequate performance of our interactions with you; to obtain or maintain insurance coverage, manage risks or obtain professional advice and defend our rights and establish, exercise and defend our legal claims; to facilitate your use of your web account on the Site; or to otherwise provide, create and maintain a trusted online environment and comply with our legal obligations.
In using your personal information, we may share some or all of it with authorized representatives of schools, work-places, and other entities that you may designate whose services relate to the Niche Services. Please refer to Section III of this Policy below for a full description of our information sharing practices.
III. With whom we share your information
A. Per your instruction or use of the Services/Consents:
We may share all categories of your personal information to selected outside companies, either by selling it or otherwise transferring it, to advertisers and other business partners that assist us in providing you with meaningful and relevant Services (each, collectively an “Advertiser”). Our Advertisers include realtors, loan providers and other complementary service companies, schools, work places, and social media platforms such as Facebook. The sharing of your personal information with these Advertisers is conducted in accordance with the contact preferences that you set when you create your user profile, or when you express an interest in any content displayed on our Site, or when you enter a response to any affirmative authorization that you provide by typing it in a space provided or clicking on an icon designed to show your interest in an item on the web page or in the app.
In addition, any personal information you share publicly through our Site may be indexed through third party search engines, such as Google or Bing. We do not control the practices of third-party search engines, and they may use caches containing your information, including any outdated information. You acknowledge that personal information that you submit when you participate in an opinion survey or user review, a blog or any online message board that we provide through our Site or Services may be available, via the Internet, around the world. We cannot prevent the disclosure to or use (or misuse) of such personal information by others, nor can we ensure it is deleted if you later ask us to delete your personal information as provided for in this Policy.
B. Third party processors:
We also share your personal information with third party processors who act on our behalf
We also share all categories of your personal information with other business partners that perform certain functions for us (“Business Partners”). These Business Partners are themselves responsible to determine the purposes and/or means of the processing your personal information and for the lawfulness of that processing. They include insurance companies, financial institutions, and other professional advisors.
C. Third party websites:
D. De-identified information about you:
We also share aggregated or de-identified information (i.e., information that does not personally identify you directly), or statistical information about you, including statistical data and historical use data, with others for a variety of purposes, including for their own uses, for example, for improving their services for you and others.
E. As required by law or legitimate business interest:
IV. Opt-Out – your choices
You have the right to request that we do not sell your personal information to Advertisers.
IF YOU LIVE IN CALIFORNIA – When you first come to our Site, you will be given the option to click on a “Do Not Sell My Information” button on our landing page. If you click this button, we will not sell your identifiable personal information to Advertisers. We may still sell de-identified information about you, but the Advertisers will not be able to trace this information back to you or use it to market their products and services specifically to you. To opt-out, you may submit your request through our webform by clicking here, or submit a general privacy request in compliance with CCPA by clicking here; or you may send us an email to firstname.lastname@example.org and putting the words “remove my name” in the subject line of your email, and a request to opt-out in the body of the email.
NO MATTER WHERE YOU LIVE – If you do not initially opt-out or at some point after giving us your personally identifiable information you later decide to limit the sale of your information to our third party Advertisers, or you no longer desire to continue to receive additional information from us about Niche and our Advertisers, you may “opt out” by submitting your request through our webform by clicking here, or by emailing us at email@example.com and putting the words “remove my name” in the subject line of your email and a request to opt-out in the body of the email. Please note however that an Advertiser may have saved a copy of your account and account-related information from before you opted out. In the case of our email newsletters, you may opt out by clicking on the “opt out” link at the end of each email. If you agree to receive autodialed or pre-recorded calls and/or text messages from an Advertiser and later wish to opt-out, you should follow the direction in such call(s) or text message(s) or contact the school or other Advertiser directly.
A special note about your telephone number – By providing your telephone number to us, you agree that this action constitutes an “inquiry” for purposes of telemarketing laws. Regardless of the fact that your telephone and/or mobile number may be listed with the Federal Do-Not-Call Registry or your State Do-Not-Call list, you are providing your express written consent to receive future information (including telemarketing) about products and services from us, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means we may contact you by e-mail, phone and/or mobile number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your wireless or other telecommunications device may be capable of receiving (e.g., video, etc.). You are not required to agree to this consent in order to obtain Services through us. This consent may be revoked by you at any time and by any reasonable means, including by emailing us at firstname.lastname@example.org and putting the words “remove my telephone number” in the subject line of your email, or by telephoning us at 1-(844)-452-7758. Please refer to the Niche User Agreement for additional information regarding telephone consent.
Special rule for users under 16 years of age – So long as we have actual knowledge that you are under the age of 16, we will not sell your personally identifiable information to our Advertisers unless you “opt in” by requesting us to do so. You can opt in to information sharing with Advertisers by requesting that we share your information with schools or related entities for which you have expressed an interest or with parties that you wish to be considered for a scholarship. We may ask you or the person acting on your behalf (e.g., a parent or legal guardian) to verify your identity. Likewise, any public information that you post on the Site, including user reviews or opinion surveys, are considered public and you will be considered to have opted in to the sharing of such public information. You may also request that we share your personally identifiable information with our Advertisers by contacting us at email@example.com, and telling us that you wish to opt in.
V. Cross-border transfers of information
VI. How long we keep your personal information, your right to delete and correct it
We retain your personal information as reasonably necessary to fulfill the purposes for which we collected it and you provided it, and to comply with our legal obligations. In no event will we keep your personal information for longer than is reasonably necessary for the purposes defined in this Policy. You also have the right to request that we delete your personal information, subject to certain exceptions, such as our need to prevent and protect against fraud or other illegal activity, to complete business transactions with you, and for such other purposes as allowed by law. You can correct or update your personal information by updating your profile or by contacting us. For more information on where and how long your personal information is stored, your requests to delete it or correct it, please contact us at the address set forth below in Section IX.
VII. Security of your information
To help protect the privacy of your Personal Data collected by us, we maintain reasonable physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal information to those employees who need to know that information in order to provide Services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information.
VIII. Limitation of liability
IX. Questions, concerns or complaints – Contact Details
2840 Liberty Avenue
Pittsburgh, PA. 15222
Toll Free – (844)-452-7758
Please be specific when telling us what your request is.
X. A note about Children
Children under the age of 13 are not permitted to use the Niche Site or Services and we do not intentionally collect or maintain personal information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s personal information from our databases. We recommend that children between the ages of 13 and 18 obtain their parent’s permission before submitting information over the Internet. By using the Niche Site or Services, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents’ permission to use the website and any Services offered by us.
XI. NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
The following sets forth the categories of information we collect and purposes for which we may use a California Consumers’ personal information collected by us:
Categories of Personal Information We Collect About You:
The categories of personal information we may have collected about you or your use of our Services are:
Identifiers, such as your name, alias, postal address, phone number, email address, log-in information, or unique personal identifiers (such as device ID, cookies, and IP address); Commercial information (such as Site engagement data);Protected classification characteristics;Internet or other network or device activity (such as browsing or search history or app usage, and advertisement interactions); Geo-location information relating to your computer or device when you interact with the Site; Professional or employment related information that you supply; Education information that you supply;Profile data about you and any inferences drawn from the profile data (such as characteristics, behaviors, attitudes); Information that identifies or can be reasonably associated with you.
In the past 12 months we have sold the information listed in the above categories to our Advertisers. We do not sell the personal information of California Customers that we know are minors under 16 years of age without affirmative authorization as required under the CCPA. Additionally, during this time period we have also disclosed all or substantially all of this personal information to our Processors and Business Partners for permissible business reasons. More details on the personal information we may collect are set forth in the “Categories of Information We Collect and Process” section above, found here. More details on the personal information we have sold or disclosed are set forth in the “With Whom We Share Your Information” section above, found here.
Categories of Sources from Which We Collected Personal Information
The sources from which we may have collected personal information about you or your use of the Services are:
Directly from you;From other sources (such as from third parties and/or business partners); Through your use of the Services; andPublicly available records.
and as described in more detail in the Information We Collect and Obtain here.
Your California Privacy Rights
A California Customer may request information about whether we have sold or disclosed personal information to any third parties for the third parties’ direct marketing purposes or for our business purposes. In general, if we have made such a sale or disclosure of your personal information, upon receipt of a verified request from you, we are required to provide a list of all third parties to whom your personal information was either sold or disclosed for business purposes in the preceding 12 months following your request, as well as a list of the categories of personal information that were sold or disclosed, the sources of it, and what it was used for. You may also request a copy of the personal information that we have collected about you in the last 12 months.
You may have certain additional rights under the CCPA. You may request that we delete certain information we have about you. There may be exemptions from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you and for compliance with applicable law. You may also have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights under the CCPA. This means that we will not penalize you for exercising your rights by taking actions such as denying you Services; decreasing Service quality; or suggesting that we may penalize you for exercising your rights. Except as provided in Section III, above, we do not share your personal information collected by us with third parties for their direct marketing purposes without giving you the opportunity to opt out as more fully described above in Section IV.
If you are a California resident, you may request information about our compliance with California law by calling us toll free at (844)-452-7758, emailing us at firstname.lastname@example.org, or by writing to us at 2840 Liberty Avenue, Suite 202, Pittsburgh, PA, 15222 c/o “CA Privacy”, addressed to “Attention: California Privacy Matters.” Any such request must include “California Privacy Rights Request” in the subject line and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to up to two requests per visitor each year, and we are not required to respond to requests made by means other than through this designated email address, mailing address or toll-free number.
Identity Verification and Additional Information to Needed to Process a Request.
We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your information, access or deletion rights. As part of this process, government identification may be required. California Customers can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization recognized by law confirming that authority. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it or to verify your or your agent’s identity.
Do Not Track Disclosure.
California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how Niche responds to “Do Not Track” browser settings. We currently do not respond to “Do Not Track” signals because a uniform technological standard has not yet been developed.
XII. Nevada Privacy Rights
FOR RESIDENTS OF NEVADA ONLY.
In accordance with SB 220, Nevada consumers may opt-out of the sale of their personal information to third parties, as provided by law. If you reside in Nevada and you have provided us with your personal information, you may choose to opt-out of the sale of such personal information by emailing us at email@example.com with “Nevada Privacy Right” in the subject line or by calling us toll free at (844)-452-7758, or by writing to us at 2840 Liberty Avenue, Suite 202, Pittsburgh, PA, 15222 c/o “NV Privacy”, addressed to “Attention: Nevada Privacy Matters.” We may request additional information from you in order to verify your identity and/or the authenticity of your request. For purposes of this opt-out, a “sale” of your personal information means an exchange of it by us to another party for money and the other party buys it from us for re-sale to a third party.
June 30, 2020
Terms of Service
This website is operated by Niche.com, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Niche.com, Inc. Niche.com, Inc offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc.
They provide us with the online
e-commerce platform that allows us to
sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Niche Varsity, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Niche Varsity and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.