Terms of License

THIS IS AN IMPORTANT DOCUMENT AND AGREEMENT. YOU SHOULD READ EVERYTHING AS WHAT IS IN THE MIDDLE AND END IS NOT LESS IMPORTANT THAT WHAT IS IN THE BEGINNING. BY ACCESSING AND USING NICHEX.COM OR OUR PRODUCTS OR SERVICES YOU ARE SUBJECT TO THIS AGREEMENT AND LICENSE.

Agreement Documents

Your rights and obligations with respect to access to this website and use of our products and services is governed by this Agreement. This Agreement consists of the information contained on this web page, and also includes and incorporates information contained in the following web pages:

• Copyright



• Privacy Policy



• Non-Disclosure Agreement



• Spam and Junk Fax Policy



• Earnings Disclosure



• Affiliate Terms

Taken together, these documents constitute the entire Agreement

Definitions

You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.

Niche X may be referred to as Licensor. The terms 'Niche X,' 'Us,' 'We,' or 'Licensor' includes Niche X and its owners, employees, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns. Niche X is owned by the Independent Business Center.

Entire Agreement

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth or permitted by this Agreement.

This Agreement may be amended by Licensor at any time and without notice, but only by amending this document as posted on the Internet, unless otherwise agreed to in writing by you and Licensor.

Any amendments will become effective 30 days after being posted on the Internet, unless circumstances require that a change be immediately implemented. As a condition for this license you agree to periodically check this license Agreement and terms of use, posted at http://www.nichex.com/license.shtml.

License Grant

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE INFORMATION, FORMS, OR COMPUTER SOFTWARE IN THIS INTERNET SITE OR CD ("Niche X").

Niche X IS COPYRIGHTED AND LICENSED. IT IS NOT SOLD. BY ACCESSING OR USING Niche X, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS Niche X.

Licensor hereby grants to you, and you accept, a nonexclusive, nontransferable license to use Niche X only as authorized in this License Agreement.

If you would like to distribute any of the materials and information in Niche X, please contact Licensor as indicated below for permission to do. Any redistribution on your part must include all copyright notices, logos and a notice that such action is with the "permission of Niche X.COM"

Prohibited Acts

Except as authorized in this Agreement, no copies of Niche X or any portions thereof may be made by you or any person under your authority or control. You agree that you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of Niche X, or any part thereof, or share your rights under this License Agreement, including passwords and user names. You agree that you will not disassemble, decompile, convert to another programming language, or otherwise translate Niche X, and that you will not rent, lease, or lend Niche X, or any component of it, in violation of 17 U.S.C. §§ 109(b)(1). You agree that you will not alter, publish, copy, cut, modify or transform Niche X, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this License Agreement.

Licensor reserves the right to deny access to any person or to terminate this license for any reason if Licensor reasonably believes that Niche X is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor.

Licensor's Rights.

You acknowledge and agree that Niche X is a proprietary product of Licensor, protected under the copyright law. You further acknowledge and agree that all right, title, and interest in and to Niche X, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to Niche X, but only a limited right of use revocable in accordance with the terms of this License Agreement. Licensor specifically reserves all rights not expressly granted in this License Agreement. All content, design, and programming (html, JavaScript, Java, graphics, forms, cgi, CSS, styles, style sheets, etc., except where noted) is copyrighted by Licensor. All rights reserved.

Clicklog provided by http://php.warpedweb.net.
Some graphics provided courtesy of http://www.buttongenerator.com.

Notwithstanding the above, copyright is not claimed to the text of federal or state governmental materials, or where otherwise indicated on other materials or where the materials were prepared by a government entity or agency. You acknowledge and agree that such government created materials may be available from the appropriate government entity for free or for a charge that may be less than or different than charged by Licensor. Payment to licensor is for the arrangement and/or research and obtaining of such materials. Copyright is claimed to all arrangements, enhancements, content, design and programming other than the text for which copyright is not claimed. Section titles for most statutes and regulations are provided by Licensor.

Term

This License Agreement is effective upon your using Niche X and shall continue until terminated. You may terminate this License Agreement at any time. Licensor may terminate this License Agreement upon the breach by you of any term hereof, as otherwise provided in this document, or for any reason whatsoever. Upon such termination by Licensor, you agree to return to Licensor Niche X and all copies and portions thereof, and to cease all use of Niche X.

No Warranty

Niche X IS LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License Agreement or use of Niche X shall not exceed the license fee paid to Licensor for the use of Niche X. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

No Guarantee of Correctness

The information in and by Niche X has been prepared and/or obtained for general information, education, reference, and entertainment purposes only and is not intended to provide legal advice. While every effort is made to ensure the correctness and completeness of the information contained herein, you acknowledge that Licensor, its owners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the information contained herein is correct, complete, or up-to-date. There is no guarantee that the information in Niche X is correct, complete, or up-to-date for any specific circumstance.

Niche X may link to other locations via the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to the content and information available at another site, and Licensor does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site.

Trademark

Niche X is a trademark and service mark of Licensor. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.

Nicheology Information Products

Niche Products and Sample Advertising are provided by, and copyrighted by, Nicheology.com, and used by Licensor pursuant to license. Pursuant to that license you are authorized to use the product materials and advertising for your own personal use. We do not own master resell rights. This means you cannot resell the product materials or advertising 'as is.' You can, however, make substantial changes and then sell the substantially changed product. We do not make any representations as to what is a 'substantial change' and will not make any such evaluations. The substantial change requirement is imposed, but not defined, by nicheology.com as part of our license.

Premium Memberships

Subscriptions are available to access premium content in Niche X. Memberships are currently $27 monthly and are automatically paid monthly from customer credit card or checking accounts. From time to time special discounts may be made available to certain persons, and membership prices for new members are subject to change.

Pricing may change, up or down. There is no guarantee that affiliates will make a minimum amount per sale.

Account administration, payments, and cancellations for customers and affiliates are handled by CCBill. You must contact CCBill for these purposes. Requests sent to us and not CCBill may not be responded to in the time-frame you require.

From time to time Licensor may also make information available by means other than the Internet, arrange for other payment options, and may repackage content. Licensor may also license its information and products for sale by third parties and/or affiliates.

Return and Refund Policy

Our payment administrator CCBill has a no refund policy, so that is the policy that NicheX follows.

If there is a problem and the information requested is not provided or not received, please contact the webmaster. If you have been charged for materials that you did not order or request, please contact your financial institution immediately. Then email the regarding the situation, or write to Licensor at the address provided below. In the event of fraud all information regarding the transaction may be provided to law enforcement to track down anyone illegally using your financial information.

Governing Law

This License Agreement may be negotiated, prepared, executed and delivered in potentially several jurisdictions, including the State of California. Accordingly, in order to establish with certainty that this Agreement will be governed by one body of well-developed law, to the extent permitted by law the parties hereto expressly agree that this License Agreement shall be governed by, and construed in accordance with, the laws of the State of California regardless of the location in the universe or jurisdiction from which Niche X is used, to the exclusion of any other applicable body of governing law. This Agreement is entered into in California and not any other jurisdiction, and it is agreed that this Agreement is entered into in Sacramento County California.

Arbitration Agreement

You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which can be found at http://www.adr.org, and that any arbitration will exclusively be held in Sacramento County, California.

Severability

Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

No Waiver

The failure of Licensor to enforce any rights granted hereunder or to take action against any other party in the event of any breach hereunder shall not be deemed a waiver by Licensor as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Contact information

You agree to provide accurate and complete information to us when registering for or buying a product or service.

You can email the webmaster at any time and request a copy of this license. Obtain copy of contact information, terms, and refund policy by sending a request and a copy will be sent to your email address: You may contact Niche X at Independent Business Center, 10824 Olson Drive, Ste. C # 146, Rancho Cordova, CA 95670.

This version of this Agreement is effective January 22, 2005.

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