TERMS AND CONDITIONS
Terms of Service for BusinessNicheMarketing.com Blogs, Forums, Customer Reviews, Purchase, Reuse of Materials and Community.
Wow! You actually came to this page. Our lawyers made us include it and made us place this on our website to ensure you are aware of its content. At first, we thought the lawyers were a real pain in “the you know where”. But then we read the page and decided in was the best business practice.
Welcome to the BusinessNichemarketing.com website (the “BusinessNicheMarketing.com Site”), a website owned and operated by Personalized Services International, LLC, Personal Services Division, part if its Book Publishing Section. Our website exists to provide a life and business growth books, eBooks, tools, resources for our customer’s future success, wealth and well-being.
When in the public forums, please keep things civil. Users are not permitted to, among other things, post abusive, hateful, harassing information–about any person or entity (including BusinessNicheMarketing.com or its parent company Personalized Services International, LLC). If you ever have a question about our blog, forums, and customer reviews please complete our contact form on our website to send us a message about your concerns.
I. LICENSES AND RESTRICTIONS
Business Niche Marketing.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Business Niche Marketing.com) of the Business Niche Marketing.com.com Site and its contents, which includes Business Niche Marketing.com Software. Additional terms and conditions apply to User Created Content, as that term is defined in Section XII below. Business Niche Marketing.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Business Niche Marketing.com.com Site so long as the link does not portray Business Niche Marketing.com, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
• modify, download (other than page caching, reproduce, copy, or resell the Business Niche Marketing.com.com Site, the Content or any portion or derivative thereof;
• commercially use the Business Niche Marketing.com.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Business Niche Marketing.com);
• copy or download any User’s account or profile information for the benefit of any third party;
• enable high volume, automated, electronic processes that apply to the Business Niche Marketing.com.com Site or its systems, the Content or any portion or derivative thereof;
• use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Business Niche Marketing.com.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
• interfere or attempt to interfere with the proper working of the Business Niche Marketing.com.com Site;
• bypass any measures used by Business Niche Marketing.com to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
• frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Business Niche Marketing.com;
• use Business Niche Marketing.com’s name, trademarks, services marks or logos in any meta tags or any other “hidden text” or
• compile, repackage, disseminate or otherwise use data extracted from the Business Niche Marketing.com.com Site, Books, eBooks, Guides, Reports, Resources and Tools.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Business Niche Marketing.com’s express written consent (which may include a written agreement signed by an authorized representative of Business Niche Marketing.com). Any unauthorized use of the Business Niche Marketing.com.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Business Niche Marketing.com.
Business Niche Marketing.com, or its parent, subsidiaries, or affiliates, or third parties from whom Business Niche Marketing.com has permission, own the trademarks or service marks that are used on the Business Niche Marketing.com.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Business Niche Marketing.com and its licensors may not be used without prior written consent of Business Niche Marketing.com or its licensor, as the case may be. Without limiting the foregoing, no Business Niche Marketing.com trademark or trade dress may be used in connection with any product or service that is not Business Niche Marketing.com’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Business Niche Marketing.com.
User acknowledges that the Business Niche Marketing.com.com Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Business Niche Marketing.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Business Niche Marketing.com.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part.
User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
By using this service, you have agreed that you will not:
1. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or in violation of any law.
2. Post any copyrighted material (unless the copyright is owned by you) in our book clubs, forums and customer reviews.
3. Use profanity of any kind on this board; posts that contain profanity will be deleted summarily. Repeat violators of this policy (or any other board policy) will be banned from participating.
4. Post advertisements, chain letters, pyramid schemes, and solicitations. These are inappropriate on book clubs, forums and customer reviews, and will be deleted summarily. Violators of this policy are subject to banning.
5. Cross-post (post your message in more than one place on this board). This will actually hinder you from getting a rapid answer, and repeated cross-posting may result in your being banned.
6. For everyone’s sake, just assume that everything on the site is copyrighted unless we say it’s not. So you can’t use the stuff except how we say you can on this page or anywhere else on the site without our written permission. And like we said before, it’s not likely we’ll give you permission anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal anyway. So it’s better you don’t even ask.
7. While we try to include accurate stuff on the site, we’re not promising you it’s accurate. In fact, we’re not promising you anything except fun, entertainment, tools to grow your business and improve your life. So if you use stuff on the site, you’re using it at your own risk because we will not guarantee your success or change your life because these changes are based on your ability to make business and life changes that stem from behaviors. And, you know behaviors can change with the wind on a windy day or in the gulf-stream. Don’t call us if there’s a problem because we assume no liability or responsibility for errors or omissions on the site.
8. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes “direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ” Ugh! What a mouthful from the mouthpieces. We put all of that in quotes because we couldn’t figure out any other way to say it that the lawyers would accept. But here’s the bottom line — we’re not responsible if you’re browsing around and the site damages you or your computer or infects it with any nasty viruses that we have absolutely no control over. We sure hope that doesn’t happen, but if it does, don’t call us. But, make sure you have anti-virus, adware, mal-ware and any other things that can affect your computer!
9. If you don’t want the world to know something, don’t post in on the site in any bulletin board or anyplace else. That’s because anything you disclose to us is ours. That’s right — ours. So we can do anything we want with the stuff you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. We can even send it to your mother (as soon as we find her address). Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and marketing products, place it in one of our books or eBooks, blogs or other stuff using the information you post.
10. Pictures of people or places shown on the site are either our property or someone else’s property we’re using with their permission. No matter what, it’s definitely not your property. You or any of your net-friends can’t use it unless we said you could on this page or somewhere else on the site. And guess what — we did not say yes. Unauthorized use may violate all sorts of laws.
11. There’s also a lot of trademarks, logos, and service marks on the site that either we own or we’re using with someone else’s permission. So don’t think you have any kind of license or right to use them, because you don’t and we’re not about to give you one. If you don’t leave them alone and mess with our trademarks, logos and service marks on our site, we’ll probably go ballistic, so will the companies that own the other trademarks, logos and service marks. That means that we’re likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others. You CAN NOT download our website content, books, E-books and then rebrand them; in full content, in parts in any form or in any other way.
12. You’ll probably notice we’ve linked our site to lots of others. While that’s cool, it doesn’t mean we’ve looked at all those sites, much less checked them out periodically to see what’s going on. So don’t blame us if some site you link to is bad or has stuff on it that offends you, your values or your pets. Go ahead and link, but remember, you’re doing it at your risk.
13. That brings us to what you do on our own site. While we occasionally listen in on chat groups, or look at the posting in our discussion groups or on our bulletin boards, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places on our site. And don’t be stupid by posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offense, get someone in court on a civil lawsuit, or for that matter violate any law — anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court which might ask us who might have posted nasty stuff on our site.
14. We’re also allowed to change this page and anything else on the site any time we want to. That’s because it’s ours and we have the programmers who can do it. If we do change the page, then you’re bound by those changes, too, whenever you visit our site.
Business Niche Marketing.com is a distributor and not a publisher of Content supplied by third parties and Users. Business Niche Marketing.com has no editorial control over such Content. Business Niche Marketing.com is not obligated to review Content, including User Created Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Business Niche Marketing.com or any Business Niche Marketing.com.com Provider, unless expressly stated otherwise. Neither Business Niche Marketing.com nor any Business Niche Marketing.com.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Business Niche Marketing.com.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Business Niche Marketing.com or any Business Niche Marketing.com.com Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Business Niche Marketing.com.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Business Niche Marketing.com.com Site.
Any software distributed by Business Niche Marketing.com is “commercial computer software” or “commercial computer software documentation.” The U.S. Government’s rights with respect to the Business Niche Marketing.com Software are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Business Niche Marketing.com Software and the Business Niche Marketing.com.com Site that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Business Niche Marketing.com Software or the Business Niche Marketing.com.com Site for any illegal purpose. Because the Business Niche Marketing.com Software, the Business Niche Marketing.com.com Site, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or “re-export” (transfer) the Business Niche Marketing.com Software or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.
The price for an item on the Business Niche Marketing.com.com Site may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Business Niche Marketing.com.com Site. If the price for the item on the Business Niche Marketing.com.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Business Niche Marketing.com, Business Niche Marketing.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Business Niche Marketing.com. Any purchases from any third-party sellers on the Business Niche Marketing.com.com Site (e.g., sellers of products provided via Business Niche Marketing.com) may be subject to different policies in the event of an incorrectly priced item.
Please note that this policy regarding prices applies only to items sold and shipped by Business Niche Marketing.com. Any purchases from any third-party sellers on the Business Niche Marketing.com.com Site (e.g., sellers of products provided via Business Niche Marketing.com) may be subject to different policies in the event of an incorrectly priced item.
VI. RISK OF LOSS
The risk of loss and title for all items purchased via the Business Niche Marketing.com.com Site pass to the User upon delivery of the item to the carrier.
VII. PRODUCT DESCRIPTION
The items offered for sale on the Business Niche Marketing.com.com Site contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Business Niche Marketing.com does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM BUSINESS NICHE MARKETING.COM THAT IS NOT AS DESCRIBED ON THE BUSINESS NICHE MARKETING.COM.COM SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Business Niche Marketing.com websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Business Niche Marketing.com websites, we will remove that information as soon as possible.
IX. TERMINATION OF USAGE
In certain cases, in Business Niche Marketing.com’s sole discretion, Business Niche Marketing.com may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Business Niche Marketing.com.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Business Niche Marketing.com refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Business Niche Marketing.com.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User’s computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Business Niche Marketing.com account using an old e-mail address, such User will not receive messages from Business Niche Marketing.com about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User’s Business Niche Marketing.com account or within the Business Niche Marketing.com.com Site.
XII. FORUMS, BLOGS OR COMMUNITY
The Business Niche Marketing.com.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Forums, Blogs or Community”). This Section XII, Forums, Blogs or Community, applies to the activities of persons who are using interactive services on the Site (“Forums, Blogs or Community Users”). The scope of these services may change from time to time, with or without notice. You are using Forums, Blogs or Community services if you view or participate in the Business Niche Marketing.com Book Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.
Business Niche Marketing.com reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Forums, Blogs or Community services for any reason.
If you become aware of misuse of the Forums, Blogs or Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question.
Notwithstanding the foregoing, Business Niche Marketing.com assumes no responsibility for ongoing monitoring of the Business Niche Marketing.com.com Site or for removal or editing of any User Created Content, even after receiving notice. Business Niche Marketing.com assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Forums, Blogs or Community.
The Business Niche Marketing.com.com Site online Forums, Blogs or Community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Business Niche Marketing.com does not specifically sponsor or endorse any of these sites or their services.
You may not post User Created Content that: involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Business Niche Marketing.com.com Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Business Niche Marketing.com.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Business Niche Marketing.com.com Site or the networks or services connected to the Forums, Blogs or Community services; impersonates or attempts to impersonate another Forums, Blogs or Community User, person or entity; uses the account, username, or password of another Forums, Blogs or Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Business Niche Marketing.com.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.
Forums, Blogs or Community Users may upload to or otherwise submit to Business Niche Marketing.com for distribution on the Business Niche Marketing.com.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Business Niche Marketing.com to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” Business Niche Marketing.com is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Forums, Blogs or Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Business Niche Marketing.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Forums, Blogs or Community, Forums, Blogs or Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Business Niche Marketing.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content 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 User Created Content. Subject to this grant, the licensor of User Created Content submitted to Business Niche Marketing.com retains any and all rights which may exist in such User Created Content.
BusinessNicheMarketing.com does not confirm the validity of information posted on book clubs, forums and customer reviews. We do not actively monitor the contents of posted messages and are not responsible for any messages posted. Remember that the posted messages express the views of the author of the message, not necessarily the views of BusinessNicheMarketing.com or its employees.
We (BusinessNicheMarketing.com, its employees, and its non-employee volunteer moderators) reserve the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the members of this community and BusinessNicheMarketing.com itself with respect to any claim based upon viewing of book clubs, forums and customer reviews and/or transmission of your content.
If you feel that a posted message is objectionable, you are encouraged to contact us immediately. We can remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine at our sole discretion that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit messages immediately.
By posting content on book clubs, forums and customer reviews, you agree that BusinessNicheMarketing.com can quote from, or reuse the content in promotional materials, newsletters, or other documents. If we intend to use content posted by you in such a manner, we will generally notify you as a courtesy.
User consents to receive electronic communications from Business Niche Marketing.com, whether addressed to the e-mail address associated with such User’s Business Niche Marketing.com account or posted on the Business Niche Marketing.com.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Business Niche Marketing.com.com Site satisfies any legal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
Business Niche Marketing.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Business Niche Marketing.com.com Site or through the Business Niche Marketing.com.com Services, whether caused by Users of the Business Niche Marketing.com.com Site or the Business Niche Marketing.com.com Services or by any of the equipment or programming associated with or utilized in the Business Niche Marketing.com.com Site or the Business Niche Marketing.com.com Services, including the Business Niche Marketing.com Software. Content, including User Created Content, does not necessarily reflect the opinions or policies of Business Niche Marketing.com. Profiles and third party applications created and posted by Users on the Business Niche Marketing.com.com Site may contain links to other websites. Business Niche Marketing.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Business Niche Marketing.com. Inclusion of any linked website on the Business Niche Marketing.com.com Services does not imply approval or endorsement of the linked website by Business Niche Marketing.com. When you access these third party sites, you do so at your own risk. Business Niche Marketing.com takes no responsibility for third party advertisements or third party applications that are posted on or through the Business Niche Marketing.com.com Site or the Business Niche Marketing.com.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Business Niche Marketing.com is not responsible for the conduct, whether online or offline, of any User of the Business Niche Marketing.com.com Site or the Business Niche Marketing.com.com Services. Business Niche Marketing.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Business Niche Marketing.com is not responsible for any problems or technical malfunction of the Business Niche Marketing.com Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Business Niche Marketing.com.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Business Niche Marketing.com.com Site or Services. Under no circumstances shall Business Niche Marketing.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Business Niche Marketing.com.com Site or Services, from any Content, including User Created Content, posted on or through the Business Niche Marketing.com.com Services, from the Business Niche Marketing.com Software, or from the conduct of any Users of the Business Niche Marketing.com.com Site or Business Niche Marketing.com.com Services, whether online or offline.
The Business Niche Marketing.com.com Site and the Business Niche Marketing.com Software are provided by Business Niche Marketing.com on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, each Business Niche Marketing.com.com Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Business Niche Marketing.com nor any Business Niche Marketing.com.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Business Niche Marketing.com.com Site, or the information, Content, including User Created Content, the Business Niche Marketing.com Software, and materials or products included thereon; (ii) that the Business Niche Marketing.com.com Site or the Business Niche Marketing.com Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Created Content, service, the Business Niche Marketing.com Software, or merchandise provided through the Business Niche Marketing.com.com Site; or (iv) that the Business Niche Marketing.com.com Site, its servers, the Business Niche Marketing.com Software, Content, including User Created Content, or e-mails sent from or on behalf of Business Niche Marketing.com are free of viruses, scripts, trojan horses, worms or other harmful components.
Business Niche Marketing.com does not guarantee the continuous, uninterrupted or secure access to the Business Niche Marketing.com.com Site, the Business Niche Marketing.com Software, or any related services. The operation of the Business Niche Marketing.com.com Site and the Business Niche Marketing.com Software may be interfered with by numerous factors outside the control of Business Niche Marketing.com.
Under no circumstances shall Business Niche Marketing.com or any Business Niche Marketing.com.com Provider be liable for any damages that result from the use of or inability to use the Business Niche Marketing.com.com Site, including but not limited to reliance by a User on any information obtained from the Business Niche Marketing.com.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Business Niche Marketing.com’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including User Created Content, the Business Niche Marketing.com Software, merchandise, and services available through the Business Niche Marketing.com.com Site.
Neither Business Niche Marketing.com nor any Business Niche Marketing.com.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Business Niche Marketing.com.com Site, the Business Niche Marketing.com Software, or the purchase or download of any Content, or product therefrom, even if Business Niche Marketing.com or any Business Niche Marketing.com.com Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XVI. APPLICABLE LAW; JURISDICTION
Each of Business Niche Marketing.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within St. Clair County, Illinois and waives any objection to the laying of venue of any litigation in said courts.
XVII. DISPUTE RESOLUTION
Alternatively, at Business Niche Marketing.com’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Business Niche Marketing.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Business Niche Marketing.com, including User Created Content, infringe your copyright, you (or your agent) may send Business Niche Marketing.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Business Niche Marketing.com to locate the material on the Business Niche Marketing.com Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Business Niche Marketing.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Customer Services, Business Niche Marketing.com 8522 Terracotta Place, O’Fallon, IL 62269 at firstname.lastname@example.org. Business Niche Marketing.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.