Terms of Use

1. AGREEMENT

Use of the services provided by NicheMiniSiteTemplates.net ("WE," "OUR" or "US") through the NicheMiniSiteTemplates.net website ("WEBSITE" or "SITE") including but not limited to membership areas; software and scripts; downloadable products; and forums ("SERVICES") are subject to the following Terms of Use ("TOU" or “AGREEMENT”).

By accessing any part of this SITE or the SERVICES, you ("MEMBER," "USERS," "YOU," "YOUR" or "VISITOR") agree to abide by this AGREEMENT and/or any other policies established by US. It is YOUR responsibility to review this AGREEMENT periodically. By accessing our SITE OR SERVICES, YOU represent that YOU are at least 18 years of age and that you are legally able to enter into this AGREEMENT.

If at any time YOU find this AGREEMENT unacceptable, YOU must discontinue YOUR use of this SITE and/or the SERVICES provided by this SITE. YOUR continued use of this SITE and/or SERVICES is acknowledgement that YOU consent to this AGREEMENT and the policies as set forth in OUR Privacy Policy.

A. WE reserve the right to update this AGREEMENT at any time without prior notice.

B. YOUR account (if any) on this SITE is for personal use only and is not transferable to any other person or entity. YOU are responsible for all use of YOUR account and for ensuring that use of YOUR account complies with the provisions of this AGREEMENT. YOU shall be solely responsible for protecting the confidentiality of YOUR password(s), if any.

C. WE reserve the right to change or discontinue any of the SERVICES offered by this SITE at any time with or without prior notice.

2. CONDUCT/PERMISSIBLE PURPOSES

YOU agree to use the SITE solely for lawful purposes.

YOU may not post or transmit through this SITE any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which without OUR prior written approval, contains advertising or any solicitation with respect to products or services.

Any conduct that in OUR sole discretion restricts or inhibits other USERS from using and/or enjoying the SITE will not be permitted. YOU may not use this SITE to advertise or perform any solicitation, including, but not limited to, the solicitation of USERS to become users of other online services providing services similar to this SITE.

USERS may not upload, post or otherwise make available on this SITE any material protected by copyright, trademark or other proprietary right without the expressed permission of the owner of the copyright, trademark or other proprietary right. The burden (if any) of determining that any material is not protected by copyright rests solely with the USERS uploading such material. YOU shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submissions.

By submitting material to any public area of this SITE, YOU grant or warrant that the owner of such material has expressly granted US the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. YOU Also permit other USERS of the SITE permission to access, view, store, or reproduce the material for the USERS' personal use. YOU hereby grant US the right to edit, copy, publish and distribute any material made available on the SITE.

3. ACCOUNTS, PASSWORDS AND SECURITY

Certain SERVICES provided by US require USERS to create an account. USERS must complete the registration process by providing US with current, complete and accurate information as requested by the registration form; agree to the TOU and choose an username and password.

USERS are solely responsible for maintaining the confidentiality of account information. Additionally, YOU are solely responsible for any and all activities that occur under the YOUR account. YOU agree to notify US immediately of any unauthorized use of YOUR account or any other breach of security.

WE shall not be liable for any loss that YOU may incur as a result of someone else using YOUR account, either with or without YOUR knowledge and/or permission. However, YOU may be held liable for losses incurred by US or another party due to the misuse of the YOUR account. YOUR account is for YOUR personal use and may not be shared with others.

4. PRODUCT DOWNLOADS

A. As part of the SERVICES that WE provide, software, templates, graphics and other products ("PRODUCTS") may be made available for downloading. PRODUCTS made available for download are either the copyright of NicheMiniSiteTemplates.net or are made available to YOU through a license agreement.

B. Unless otherwise noted, the PRODUCTS downloaded from this SITE are made available for YOUR personal use in accordance with this AGREEMENT and/or any accompanying license agreement. Reproduction or redistribution of the PRODUCTS not in accordance with the product license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. USERS in violation with this provision will have their licenses, provided with each product download, revoked if they do not follow these terms and will be subject to being prosecuted to the maximum extent possible.

C. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PRODUCTS DOWNLOADED TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, IF A WARRANTY EXISTS AT ALL, WE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS DOWNLOADED, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

D. IN NO EVENT SHALL WE AND/OR OUR LICENSORS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS DOWNLOADED, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

5. NO GUARANTEE OF RESULTS

WE make no guarantees as to any results that may be achieved from using this SITE, its SERVICES or its PRODUCTS. Results achieved by USERS are dependent upon a number of factors outside the control of NicheMiniSiteTemplates.net.

6. PAYMENTS/CANCELLATIONS

A. USERS of this SITE are charged a fee to access certain SERVICES. WE reserve the right to change the amount of the fee or the type of fee to access the SERVICES at anytime without prior notice. However, normally notice of fee changes will be posted on this SITE prior to any changes. If the fee to access the SERVICES involve an automatically recurring subscription payment, YOU must cancel YOUR access to the SERVICES prior to the beginning of the fee change.

B. YOU authorize US to charge YOU for the SERVICES provided using an authorized payment processor.

C. YOU may cancel YOUR membership at anytime, however, due to the nature of the products and services that are provided by this SITE, refunds shall not be issued unless WE fail to meet OUR obligations to provide the SERVICES under this AGREEMENT.

YOU may cancel YOUR membership via email or by logging into YOUR payment processor account and canceling an active subscription (if YOUR membership includes a recurring subscription payment).

If YOUR membership includes a recurring subscription payment and YOU cancel YOUR membership after a payment has been made, there will be no refunds for that payment.

Requests to cancel YOUR membership must contain your name, email address and username. If YOU fail to provide any of the information required to cancel YOUR membership, the cancellation request may not be processed.

7. TERMINATION/REFUNDS

Either NicheMiniSiteTemplates.net or YOU may terminate this Agreement at any time.

Without limiting the foregoing, WE shall have the right to immediately terminate YOUR account in the event of any conduct by YOU which WE, in OUR sole discretion, consider to be unlawful; unacceptable; disrespectful or detrimental to this SITE, its owners, support staff or any other individual; or in the event of any breach of this AGREEMENT by YOU.

In the event that YOUR account is terminated as a result of a breach of this AGREEMENT, no refund shall be provided to YOU.

If YOUR account is terminated or if access to the SERVICES is no longer provided, YOU may be entitled to a refund of no more than the fee YOU paid during the past 30 days.

8. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY

A. VISITORS TO THIS SITE AGREE THAT THE USE OF THE SITE IS AT THE YOUR OWN RISK. NEITHER NicheMiniSiteTemplates.net, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ITS SERVICES OR ITS PRODUCTS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.

B. THE CONTENT, SERVICES AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS SECTION APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USERS OF THE SITE ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USERS THEMSELVES.

D. IN NO EVENT SHALL NicheMiniSiteTemplates.net, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, DEVELOPING OR PROMOTING NicheMiniSiteTemplates.net OR THE NicheMiniSiteTemplates.net PRODUCTS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES PROVIDED BY NicheMiniSiteTemplates.net. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NicheMiniSiteTemplates.net SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

9. FORCE MAJEURE

NicheMiniSiteTemplates.net SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). SHOULD SUCH EVENTS AFFECT THE PERFORMANCE OF ANY OBLIGATIONS TO THE USERS OF THIS SITE, WE SHALL NOTIFY THE USERS WITHIN A MAXIMUM OF FOURTEEN (14) CALENDAR DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT US FROM PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT.

10. INDEMNIFICATION

USERS agree to defend, indemnify and hold harmless NicheMiniSiteTemplates.net, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this SITE.

11. CHOICE OF LAW/VENUE

This AGREEMENT, the Privacy Policy and any product licenses shall be construed in accordance with and governed by the laws of the United States and the State of Ohio, without reference to their rules regarding conflicts of law. YOU hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Ohio, United States in all disputes arising out of or related to the use of this SITE or the SERVICES.

12. SEVERABILITY

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this AGREEMENT to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

13. WAIVER

No waiver of any breach of any provision of this AGREEMENT shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

14. ENTIRE AGREEMENT

This AGREEMENT, the Privacy Policy and any product licenses constitute the entire agreement of the parties and supersede all previous written or oral agreements and/or representations between the parties.



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