TERMS AND CONDITIONS OF
USE
Thank you for visiting our website. If you want to use this
website, you must agree to conform to and be legally bound by
the terms and conditions described below.
IF YOU
DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR
WEBSITE.
1. MINORS.
We do not provide services or sell products to children. If you
are below the age of 18, you may use our website only with the
permission and active involvement of a parent or legal
guardian. If you are a minor, please do not provide us or other
website visitors with any personal information.
2. PRIVACY POLICY IS PART OF THESE TERMS AND
CONDITIONS.
Our privacy policy is part of, and subject to, these terms and
conditions of use. You may view our privacy policy on this
website.
3. ANTI-SPAM POLICY IS PART OF THESE TERMS AND
CONDITIONS.
Our anti-Spam policy is part of, and subject to, these terms
and conditions of use. You may view our anti-Spam policy on
this website.
4. MODIFICATIONS AND TERMINATIONS.
These terms and conditions may change from time to time. If
such changes are made, they will be effective immediately, and
we will notify you by a notice posted on our website of the
changes that have been made. If you disagree with the changes
that have been made, you should not use our website.
We may terminate these terms and conditions of use for any
reason and at any time without notice to you.
If you are concerned about these terms and conditions of use,
you should read them each time before you use our website. Any
questions or concerns should be brought to our attention by
sending an e-mail to , and providing us
with information relating to your concern.
5. LICENSEE STATUS.
You understand and agree that your use of our website is
limited and non-exclusive as a revocable licensee. We may
terminate your license to use our website, and access to our
website, for any reason, and without giving you notice.
6. CONTENT OWNERSHIP.
All content on our website is owned by us or our content
suppliers. On behalf of ourselves and our content suppliers, we
claim all property rights, including intellectual property
rights, for this content and you are not allowed to infringe
upon those rights. We will prosecute to the fullest extent of
the law anyone who attempts to steal our property.
You agree not to copy content from our website without our
permission. Any requests to use our content should be submitted
to us by e-mail to .
Some content on our website is considered public domain content
or fair use content and is used under the provisions of the
applicable provider. We claim no copyright to this content.
If you believe that your intellectual property rights have been
infringed upon by our website content, please notify us by
sending an e-mail to , or by sending mail
to us at the address listed below. Please describe in detail
the alleged infringement, including the factual and legal basis
for your claim of ownership.
7. DISCLAIMERS AND LIMITATIONS OF
LIABILITY.
The information on our website is provided on an ''as is,''
''as available'' basis. You agree that your use of our website
is at your sole risk. We disclaim all warranties of any kind,
including but not limited to, any express warranties, statutory
warranties, and any implied warranties of merchantability,
fitness for a particular purpose, and non-infringement. We do
not warrant that our website will always be available, access
will be uninterrupted, be error-free, meet your requirements,
or that any defects in our website will be corrected.
Information on our website should not necessarily be relied
upon and should not to be construed to be professional advice
from us. We do not guarantee the accuracy or completeness of
any of the information provided, and are not responsible for
any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties,
this limitation may not apply to you. Your sole and exclusive
remedy relating to your use of the site shall be to discontinue
using the site.
Under no circumstances will we be liable or responsible for any
direct, indirect, incidental, consequential (including damages
from loss of business, lost profits, litigation, or the like),
special, exemplary, punitive, or other damages, under any legal
theory, arising out of or in any way relating to our website,
your website use, or the content, even if advised of the
possibility of such damages.
Our total liability for any claim arising out of or relating to
our website shall not exceed one hundred ($100) dollars and
that amount shall be in lieu of all other remedies which you
may have against us or our affiliates. Any such claim shall be
subject to confidential binding arbitration as described later
in these terms and conditions of use.
8. OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content
that you receive or view from others while using our website.
However, if you do receive or view such content, please contact
us by e-mail to so that we can
investigate the matter. Although we are not obligated to do so,
we reserve the right to monitor, investigate, and remove
obscene or offensive material posted to our website.
9. INDEMNIFICATION.
You understand and agree that you will indemnify, defend and
hold us and our affiliates harmless from any liability, loss,
claim and expense, including reasonable attorney's fees,
arising from your use of our website or your violation of these
terms and conditions.
10. COMPLIANCE WITH GOVERNING LAW AND DISPUTE
RESOLUTION.
You agree to obey all applicable laws while using our
website.
You agree that the laws of Maryland govern these terms and
conditions of use without regard to conflicts of laws
provisions.
You also agree that any dispute between you and us, excluding
any intellectual property right infringement claims we pursue
against you, shall be settled solely by confidential binding
arbitration per the American Arbitration Association commercial
arbitration rules. All claims must arbitrated on an individual
basis, and cannot be consolidated in any arbitration with any
claim or controversy of anyone else. All arbitration must occur
in Baltimore, Maryland, USA. Each party shall bear one half of
the arbitration fees and costs incurred, and each party is
responsible for its own lawyer fees.
11. SEVERABILITY OF THESE TERMS AND
CONDITIONS.
If any part of these terms and conditions of use are determined
by a court of competent jurisdiction to be invalid or
unenforceable, that part shall be limited or eliminated to the
minimum extent necessary so that the remainder of these terms
and conditions are fully enforceable and legally binding.
12. HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of
use should be brought to our attention by e-mail to
, and providing us with information
relating to your concern.
You may also mail your concerns to us at the following
address:
Prime Niche
5 0 4 Rossiter Avenue
Baltimore, Maryland 21212
USA
13. ENTIRE AGREEMENT.
These terms and conditions, including the policies incorporated
herein by express reference, constitutes your entire agreement
with us with respect to your use of our website.
These terms and conditions were last updated on 02-08-2009.
Copyright © 2008 Law Office of Michael E. Young
PLLC , and licensed for use by the owner of this
website at www.PrimeNiche.com. All Rights Reserved. No
portion of this document may be copied or used by anyone
other than the licensee without the express written
permission of the copyright owner.
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