Niche.com, Inc. (“Niche” or “we”) welcomes you. We provide the Niche Services (as defined below) to you subject to the following Terms , which include an agreement to arbitrate any disputes with Niche. These Terms may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Niche Services by you will constitute your acceptance of any changes or revisions to the Terms. If you do not agree with the Terms, please do not use the Niche Services.
Niche Services refers to the websites located at niche.com and related sub-domains as well as online services that include, but are not limited to, email newsletters, online content, scholarship listings, mobile applications and various medium or devices now known or hereafter developed (collectively, the “Niche Services”).
You must be 13 years of age or older to create an account and use the Niche Services. The Niche accounts are designed for use only by students 13 years of age or older, parents, and others 13 years of age or older interested in using the Niche Services for non-commercial, personal use. Niche “Entity Accounts” are also for designated representatives of schools, work places, and other entities whose services relate to the Niche Services (“Representative(s)”) and who want to claim and update their particular entity page. By accepting these Terms you warrant to Niche that you are 13 years of age or older and that you have the authority and capacity to agree to and abide by these Terms. If you are a Representative, you also warrant that you are employed by the institution or entity you have designated and are authorized to act on its behalf in an official capacity with respect to the Niche Services. You may opt out of any future usage of your account in our database by cancelling your account. However, if you have chosen to share your account information with a Representative, the Representative may have saved a copy of your account information, and Niche is not responsible for the retention, use of, or privacy of accounts or account-related information in this situation. Niche Services users are the sole creators of their accounts and Niche does not independently verify the information provided, except that Niche does reserve the right to verify Entity Account information and updates. You are responsible for maintaining the confidentiality of your Niche Services account and password. You shall be responsible for all uses of your account and password, whether or not authorized by you. You agree to immediately notify Niche of any unauthorized use of your account or password.
Your use of the Niche Services does not take the place of any school application or employment application and does not guarantee the admittance into a school, job interview or placement, or any other desired result. Niche does not make any guarantees, representations, warranties, or promises that any Niche Services will assist you in getting admitted into a school, hired by a work place, or in obtaining any other desired result.
Niche, through its forums, provides users an opportunity to post content to the Niche Services. Niche does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. By submitting, posting or consenting to our use of any User-Generated Content, you grant to Niche and its affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from all or any portion of the User-Generated Content.
Harassment in any manner or form on the Niche Services is strictly prohibited. You shall not upload, post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, threaten harm to yourself or others, otherwise violate any local, state, national, or international law, or infringe upon or misappropriate any person’s intellectual property, privacy or other rights.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Niche Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability related thereto. All information, data, text, software, music, sound, photographs, video, messages, or other materials uploaded, posted or transmitted in a Niche Services forum, whether publicly uploaded or posted or privately transmitted, is the sole responsibility of the person from whom such content originated.
If you are a Representative and/or a Provider, you acknowledge and understand that a fundamental aspect of our Services is the ability of Niche users to share their experiences at each school, in a particular place to live, or work place. You do not have control or input into how and what user-generated content we use and display on Niche. However, Niche shall have the right, but not the obligation, to delete, move, or edit any content that violates these Terms, violates the Guidelines for Reporting and Removing Content, or is otherwise objectionable as determined by Niche in its sole discretion and without notice.
You may also report any violations by emailing firstname.lastname@example.org or clicking the “Report” link next to user-generated content on the Niche Services. If you upload, post, or otherwise transmit content to the Niche Services, whether as a user or Representative, including through an Entity Account, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, used and displayed by Niche or third parties in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, used or displayed in a manner not agreeable to you.
You consent to receive communications from Niche electronically. We will communicate with you by e-mail or by posting notices on the Niche Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All materials published on the Niche Services are the property of Niche or its content suppliers and are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Niche or, in the case of content licensed by Niche from third parties, the entity that is credited as the copyright holder of such licensed content. The compilation of all content on the Niche Services and on each Niche website is the exclusive property of Niche and protected by copyright laws. You may download freely accessible material (one copy per page) from the Niche Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material. In the event you believe that any content posted on the Niche Services infringes your copyright or other intellectual property rights, you may notify Niche by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Niche’s Copyright Agent:
5830 Ellsworth Avenue
Pittsburgh, PA. 15232
Attention: David Koegler
Telephone: (412) 361-5082
Facsimile: (412) 361-5086
The notice must include the following information:
We suggest that you consult your legal advisor before filing a notice or counter-notice as the above stated notification requirements may have changed. Please note that under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
In an attempt to provide increased value to users, the Niche Services may link to sites operated by third parties. However, even if the third party is affiliated with Niche, we have no control over these linked sites, all of which may have distinct privacy and data collection practices. These linked sites are only for your convenience, and you access them at your own risk. The inclusion of such a link does not imply any endorsement of such sites or their respective activities by Niche, or constitute any association and or joint venture of any kind with the operators of such linked sites. Without limiting the foregoing, Niche specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Niche does not endorse the content, or any products or services available, on such sites. Any concerns regarding any such third party site, service, or resource, or any link associated therewith, should be directed solely to the applicable third party service, resource or site.
Niche observes, and expects third party providers to observe and to strictly adhere to, all federal, state, and local laws, rules and regulations, including, without limitation, those laws related to real estate and housing such as Title VIII of the Civil Rights Act of 1968, as amended (the Fair Housing Act). Niche neither knowingly participates in, nor condones, discriminatory housing practices such as steering or the denial of housing based upon race, color, religion, sex, handicap or disability, familial status, national origin or any other protected class or group under law.
Nonetheless, we seek to protect the integrity of the Niche Services, and we request your feedback (including if a specific link does not work).
Niche is committed to providing users with many features. The companies that Niche selects as featured services providers offer products and services that users may find useful. Niche in certain cases may have a business relationship with certain third parties that it selects as featured service providers. Niche is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their websites, or for the availability and operations of their websites.
We work with colleges, universities, high schools and for profit and not for profit post-secondary educational institutions to provide targeted recruiting and outreach. Only those school representatives who have registered and been authenticated by Niche in accordance with our policies are allowed to participate. Authorized personnel from the educational institutions may establish Entity Accounts and provide information on the schools, update admissions data and provide calendars or other information. The accuracy of this information is not guaranteed. Educational institutions may use our student data in their recruitment efforts, but the Niche Services is not an application tool. All of our users must still perform the institution appropriate application process as the Niche Services does not replace the application process.
Software and other materials downloaded or otherwise made available from the Niche Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Niche Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
Scope of the Arbitration Agreement. Any legal dispute between you and Niche concerning or arising in any way out of a purchase from the Site, your enrollment and participation any rewards or other program, any communications between you and Niche, or your participation in any other program or service provided by Niche shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or Niche may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Niche, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from the Site; or (b) sign up for any program or service provided by the Site. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to Niche at email@example.com or by sending a letter to Niche at 5830 Ellsworth Avenue, Suite 101, Pittsburgh, PA 15232. You should include your printed name, mailing address, and the words “Reject Arbitration.”
Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Niche at 5830 Ellsworth Avenue, Suite 101, Pittsburgh, PA 15232 or (2) to you at the postal address on file with Niche. Both you and Niche agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Niche agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your address on file with Niche). If you live outside the United States, any arbitration will take place in Pittsburgh, Pennsylvania. Niche will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other users. You and Niche also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Niche hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the Commonwealth of Pennsylvania will govern. Niche will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
Niche may assign its rights and duties under these Terms to any party at any time without notice to you.
We welcome your questions, comments and concerns about the Niche Services. Please send us any and all feedback pertaining to the Niche Services to firstname.lastname@example.org.