Terms and Conditions of Use and Refund Policy
1. Our Contact Information.
Niche Profit Classroom
2657 Windmill Pkwy #662
Henderson, NV 89074
* "Niche Profit Classroom," "Website," or "Site" refers to the website maintained on the World Wide Web by Niche Profit Classroom, available at http://www.NicheProfitClassroom.com.
* "Computer Based Training" or "CBT" means the subscription-based database of audiovisual works, software and services that is available through Niche Profit Classroom and is part of NicheProfitClassroom.com.
* "User" refers to any party who accesses the Site including the CBT.
* "Subscriber" refers to any party who accesses the Computer Based Training.
* "Access" means accessing, viewing the content or otherwise obtaining information located at the Computer Based Training.
* "Agreement" refers to these terms and conditions of use and any subsequent modification.
3. Acceptance of Terms.
User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, telephone or other equipment.
4. Authorized Use.
Niche Profit Classroom hereby grants to You a non-exclusive license to use and Access the content and information available at the CBT according to the provisions contained herein and subject to the payment of the applicable subscription fees and adherence to the terms of the this Agreement.
The rights granted under this Agreement are effective only upon payment of the subscription/membership fees. The term "monthly subscription" is defined as the same numeric day of each month. For months that do not include the designated numeric day, billing will occur on the following day. The subscription to the service for monthly subscribers will be automatically renewed upon expiration of the initial term unless the membership is cancelled.
Subscribers may cancel only by contacting the Niche Profit Classroom Support Department at http://www.nicheprofitclassroom.com/help and submitting a request through the Accounts/Billing category. To complete the cancellation process, subscribers must immediately follow the instructions provided by Niche Profit Classroom support staff. The subscriber's Niche Profit Classroom username must be included in the request to cancel.
Cancellation requests for monthly subscriptions and limited term subscriptions must be submitted by 12:00 p.m. (noon) PST on the day prior to the next scheduled billing date. Cancellation requests received after that time will effect cancellation for the next succeeding month. In such cases, the subscriber shall be responsible for payment of the succeeding months and will have no right to stop payment or back-charge for those months. Cancellation requests for single payment subscriptions (Lifetime Memberships) must be submitted within 30 days of the date and time billing is initiated by Niche Profit Classroom.
Niche Profit Classroom subscribers have the right to receive a refund of their first monthly membership fee (beyond any trial period) or for their single payment membership by submitting a timely notice of cancellation as described in the paragraph above and requesting a refund within 30 days of the purchase.
Requests for refund must be submitted to the Niche Profit Classroom Support Department at http://www.nicheprofitclassroom.com/help. To qualify for a refund, subscribers must include their Niche Profit Classroom username in their request.
Subscribers must explicitly state their desire to obtain a refund within the first 30 days of billing initiated by Niche Profit Classroom. Unless explicitly requested, no refund will be processed.
By agreeing to these terms, the subscriber/member understands that there are no exceptions to the Niche Profit Classroom cancellation and refund policies. Additionally the subscriber/member waives the right to back-charge any and all legitimate fees/purchases pursuant to the policies/procedures outlined above.
6. Access to the CBT.
Niche Profit Classroom strives to provide the CBT to its Subscribers on a continuous basis. To that end, Niche Profit Classroom will take all commercially reasonable efforts to provide uninterrupted Access to the CBT to its Subscribers. However, from time to time, Subscribers may be unable to Access the CBT due to conditions beyond Niche Profit Classroom's control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the CBT to its Subscribers, Niche Profit Classroom will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially reasonable shall be determined solely by Niche Profit Classroom.
Niche Profit Classroom endeavors to provide the highest quality content to its Subscribers. To that end, Niche Profit Classroom reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site and the CBT, including, without limitation, the content, availability, Access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.
7. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects Niche Profit Classroom's computers or databases;
2. Otherwise engage in any action which Niche Profit Classroom determines is detrimental to the use and enjoyment of the Site.
3. Capture, download, save, upload, otherwise retaining information and content available on the CBT other than what it expressly allowed by the terms of this Agreement;
4. Permit or provide others Access to the CBT using Your username or password or otherwise.
5. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
6. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site;
7. Transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; "deep link" to the Site content;
8. Violate Niche Profit Classroom security mechanisms, Access any data or server You are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
9. Engage in any other conduct which violates the Copyright Act or other laws of the United States.
10. Use any device or other means to harvest information about other Users.
In order to ensure that Users of the Site do not engage in Prohibited Conduct, Niche Profit Classroom reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the CBT to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the CBT beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the CBT and will result in revocation or denial of Access to the CBT. The terms "normal patterns" and "abuse" shall be determined solely by Niche Profit Classroom.
Niche Profit Classroom warrants that the software that allows Users to Access the CBT ("Software"), if operated as directed, will substantially achieve the functionality described. Niche Profit Classroom does not warrant, however that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
Niche Profit Classroom also warrants that the media containing the Software, if provided by Niche Profit Classroom, is free from defects in material from the date You acquired the Software. Niche Profit Classroom's sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective media or Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the subscription fee You paid for the Software. Only if You inform Niche Profit Classroom of Your problem with the Software within thirty (30) days of discovering the problem will Niche Profit Classroom be obligated to honor this warranty. Niche Profit Classroom will use commercially reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.
Although Niche Profit Classroom has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
9. Disclaimer and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NICHE PROFIT CLASSROOM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT NICHE PROFIT CLASSROOM. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL NICHE PROFIT CLASSROOM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT NICHE PROFIT CLASSROOM RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF NICHE PROFIT CLASSROOM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF NICHE PROFIT CLASSROOM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. NICHE PROFIT CLASSROOM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF NICHE PROFIT CLASSROOM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.
10. Third Party Content.
You acknowledge that Niche Profit Classroom does not pre-screen third party materials. Niche Profit Classroom is not the publisher or speaker of any information on the Site that is provided by third party content providers, and Niche Profit Classroom is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Niche Profit Classroom. Niche Profit Classroom assumes no responsibility for those products or services.
Niche Profit Classroom may contain links and references to other third party websites and materials. Niche Profit Classroom does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Niche Profit Classroom does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Niche Profit Classroom reserves the right to terminate any link or remove any reference found on the Site at any time.
NICHE PROFIT CLASSROOM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, NICHE PROFIT CLASSROOM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
11. Copyrights and Trademarks and other Proprietary Rights.
Niche Profit Classroom or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by Niche Profit Classroom or a third party who licensed the right to use such content from Niche Profit Classroom. Unless otherwise expressly noted, nothing that You read or see on the Site or in the CBT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Niche Profit Classroom except as provided in this Agreement.
User agrees to defend, indemnify and otherwise hold harmless Niche Profit Classroom and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's Prohibited Conduct or other improper or illegal use of the Site.
Users are prohibited from violating or attempting to violate the security of the Site. Niche Profit Classroom will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Computer Based Training. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.
14. Termination of Agreement.
In addition to Niche Profit Classroom's other rights, it may terminate this Agreement at any time and at its discretion. Niche Profit Classroom may also terminate Access to the CBT or cancel subscriptions to the CBT without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that Niche Profit Classroom deems inappropriate, for its convenience or for any other reason.
In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 6, 8, 10, 11, 12, 13, 14, and 17 shall survive. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.
15. Privacy Statements.
Niche Profit Classroom values Your trust. In order to honor that trust, all of Niche Profit Classroom's employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information Niche Profit Classroom collects is: name, address, city, state, postal code, telephone number, and e-mail address. Niche Profit Classroom does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified Niche Profit Classroom employees. Third parties who need access to Niche Profit Classroom User information in order to provide operational or other support services are required by Niche Profit Classroom to comply with our high standards of security. We gather only the User information that is needed to administer our business and enhance and improve our services.
17. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by the laws of the State of Nevada, without regard to principles of conflict of laws. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Henderson, Nevada. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Henderson, Nevada, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.