First posted: July 15, 2005
Last updated: May 12, 2007
BizNiche Ltd. Co. ("BizNiche") created and maintains this web site for commercial purposes according to the presiding laws of the State of Texas and the United States of America. You may use this web site, provided you comply with these terms and conditions.
Acceptance of These Terms and Conditions
Biz Niche Ltd. Co. Terms and Conditions Dept.
2403 Willow Point
Kingwood, TX 77339
These Terms and Conditions May Change
BizNiche reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, BizNiche encourages you to review these terms and conditions every time you use BizNiche web sites. These terms and conditions were last revised on May 12, 2007.
Copyright Notice and Limited License
Everything you see and hear on this site (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by BizNiche Ltd. Co. or by one of its affiliates, or by third parties who have licensed their materials to BizNiche. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. BizNiche retains the copyright in the selection, coordination, arrangement and enhancement of the Content.
No right, title or interest in the downloaded Content is transferred to you when you download Content from this site. BizNiche reserves all intellectual property rights in any Content you download from this site.
You may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from BizNiche. Trademark Notice
All of the trademarks, service marks and logos displayed on this web site (the "Trademark(s)") are registered and unregistered trademarks of BizNiche, one of its affiliates, or third parties who have licensed their Trademarks to BizNiche or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining BizNiche's written permission. Unsolicited Ideas
BizNiche welcomes your comments, submissions and feedback regarding this and many of its web sites. All information and materials, including comments, ideas, questions, designs, and the like, submitted to BizNiche through its web sites will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, BizNiche asks that you not send any information or materials that you do not wish to assign to BizNiche, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting information or materials to BizNiche through this web site, you assign to BizNiche, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. BizNiche will be entitled to use any information or materials you submit through this web site for any purpose whatsoever, without restriction and without compensating you in any way.
Links to Other web sites
This site may contain hyperlinks to web sites that are not operated by BizNiche. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their owners or operators. BizNiche does not control these web sites and is not responsible for their content. These third-party web sites (and the web sites to which they link) may contain information about uses of products that have not been approved or cleared by the pertinent governing legal body or are otherwise not sanctioned for use in your state or country. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these web sites (and the web sites to which they link) solely at your own risk.
This site contains references or cross references to products, programs and services that may not available or announced in your country. These references do not imply that BizNiche intends to announce or make available such products, programs or services in your country.
Not a Substitute for Professional Advice
The information provided on this site is not intended nor recommended as a substitute for professional advice. Always seek the advice of a qualified professional regarding any advice, guidance, or information. Nothing contained on this, or any of our sites is intended to be for reliable advice or guidance. Despite the fact that Biz Niche Ltd. takes steps to ensure that its content is up-to-date, information may nonetheless be inaccurate and even if accurate may not apply to your particular situation. Consequently we recommend that prior to completing an application you conduct your own research and diligently read the terms and conditions associated with the products to which you apply.
Information Collected From BizNiche web sites
You can set most browsers to notify you when you receive a cookie. This enables you to decide if you want to accept it or not and whether you are required to accept the cookie to view certain content. Most browsers give users the option to turn off cookies. To turn off cookies on your browser, please see its documentation or help options.
Personal Data Collection.
BizNiche collects personal information about users who visit this site, including user actions and click paths, domain name/IP addresses and browser types, as well as other information. BizNiche uses this information to track referrals, advertisements, develop lists for newsletters and for user behavior but reserves the right to use the information in any way as permitted under the laws of the State of Texas.
Distribution of Information.
BizNiche may share any and all personal or aggregate information it has collected with government agencies or other companies helping us to investigate or prevent fraud. BizNiche may do so when: (1) permitted or required to do so by law; or, (2) preventing or attempting to prevent actual or potential unauthorized actions or fraud; or, (3) investigating past fraud. BizNiche may also share or sell any and all information to third-parties, including advertisers and advertising networks, as permitted under the laws of the State of Texas.
Biz Niche may provide "subscription" e-mail services, either directly or through affiliates, which enable you to receive current news about BizNiche covered topics, products or related and unrelated advertisements. For all such services, we will provide an opportunity to "opt-out" of, or cancel, the subscription; instructions to opt out will be contained in the e-mail itself. BizNiche is not responsible for the use of information distributed to third-parties and can remove you only from all future compiled lists and mailouts derived and compiled after that date from BizNiche. BizNiche reserves the right to sell all of the information it collects, whether personal or anonymous, to third-parties within the limits of the laws of the State of Texas.
Anonymous Data Collected Through BizNiche Web Sites.
In addition to the information you actively provide when you use BizNiche web sites, BizNiche uses technology to collect anonymous information about the use of its web sites. For example, BizNiche uses technology to track how many visitors access its web sites, the date and time of their visit, the length of their stay, and which pages they view.
This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our sites. BizNiche and our affiliates use this anonymous data and share it with third parties.
The internet is an inherently dangerous medium with regard to information protection. BizNiche makes no assurances as to the protection of personal information collected through BizNiche sites nor obligates itself to using any personal information protection devices. Users access and use the BizNice web sites at their own risk of peril with no legal recourse to BizNiche, its subsidiaries or its affiliates.
Disclosure of Your Personal Data.
BizNiche may share or sell some or all of the personal data collected through our web sites with our affiliates, who use this data in accordance with their own privacy policies, or lack thereof. Both BizNiche and our affiliates may share or sell personal data collected through its web sites with third-party vendors who act for or on behalf of BizNiche or our affiliates.
BizNiche does not knowingly collect personal data from children under the age of thirteen. If you are under thirteen, please do not give us any personal data. If you have reason to believe that a child has provided personal data to BizNiche, please contact us, and we will delete that information from our databases.
Links to Other Sites.
Governing Law and Binding Arbitration Agreement.
THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BIZNICHE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BIZNICHE DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. BIZNICHE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BIZNICHE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL BIZNICHE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF BIZNICHE OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BIZNICHE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
Governing Law and Jurisdiction
This web site is controlled and operated by BizNiche from its offices within the United States. Any claim relating to, and the use of, this web site are governed by the laws of the State of Texas, United States of America. By using this web site, you consent to personal jurisdiction in the federal and state courts of Houston, Texas for any action arising out of or relating to this web site or your use of this web site. The federal and state courts of Houston, Texas shall have exclusive jurisdiction over all such actions.
This Agreement constitutes the entire agreement between you and BizNiche with respect to your access to and/or use of this web site.
Questions and More Information
If you have any questions about any aspect of this policy and would like it explained to you in greater detail, or would like to negotiate for alternative terms to access the site under contact BizNiche at BizNicheMedia @ Gmail.com or at the following address:
Biz Niche Ltd. Co.
2403 Willow Point Dr.
Kingwood, TX 77339