From Inspiration to Reality
TERMS OF USE
The www.niche-dg.com website (the "Site") is comprised of various web pages operated by NICHE Design Group, LLC ("NICHEdg"). www.niche-dg.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.niche-dg.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The NICHEdg website, www.niche-dg.com, is an Interior Design, Virtual Design, and Home Staging site.
1. Privacy
Your use of www.niche-dg.com is subject to NICHEdg's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
2. Electronic Communications
Visiting www.niche-dg.com or sending emails to NICHEdg constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
NICHEdg does not knowingly collect, either online or offline, personal information from persons under eighteen. If you are under 18, you may use www.niche-dg.com only with a parent or guardian's permission.
3. Cancellation/Refund Policy
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW, ALL PURCHASES THROUGH THE SITE ARE NONREFUNDABLE, INCLUDING ANY UNUSED PORTIONS OF DESIGN SERVICES AND/OR CANCELLED SERVICES. WE DO NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE DROP OR PROMOTIONAL OFFERING.
4. Links to third party sites/Third-party services
www.niche-dg.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NICHEdg, and NICHEdg is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. NICHEdg is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by NICHEdg of the site or any association with its operators.
Certain services made available via www.niche-dg.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.niche-dg.com domain, you hereby acknowledge and consent that NICHEdg may share such information and data with any third party with whom NICHEdg has a contractual relationship to provide the requested product, service, or functionality on behalf of www.niche-dg.com users and customers.
5. No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.niche-dg.com strictly under these terms of use. As a condition of your use of the Site, you warrant NICHEdg that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NICHEdg or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NICHEdg content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and make no other use of the content without the express written permission of NICHEdg and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NICHEdg or our licensors except as expressly authorized by these Terms.
6. Third-Party Accounts
You will be able to connect your NICHEdg account to third-party accounts. By connecting your NICHEdg account to your third-party account, you acknowledge and agree that you consent to the continuous release of information about you to others (per your privacy settings on those third-party sites). If you do not want information about yourself to be shared in this manner, do not use this feature.
7. International Users
The Service is controlled, operated, and administered by NICHEdg from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NICHEdg Content accessed through www.niche-dg.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
8. Indemnification
You agree to indemnify, defend and hold harmless NICHEdg, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NICHEdg reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with NICHEdg in asserting any available defenses.
9. Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NICHE DESIGN GROUP, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NICHE DESIGN GROUP, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NICHE DESIGN GROUP, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NICHE DESIGN GROUP, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NICHE DESIGN GROUP, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
10. Termination/access restriction
NICHEdg reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the State of New Jersey laws. You hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the Site's use. Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NICHEdg due to this agreement or use of the Site. NICHEdg's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NICHEdg's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NICHEdg concerning such use. If any part of this agreement is determined to be invalid or unenforceable according to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NICHEdg concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NICHEdg concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the parties' express wish that this agreement and all related documents be written in English.
11. Changes to Terms
NICHEdg reserves the right, in its sole discretion, to change the Terms under which www.niche-dg.com is offered. The most current version of the Terms will supersede all previous versions. NICHEdg encourages you to review the Terms to stay informed of our updates periodically.
12. Contact Us
NICHEdg welcomes your questions or comments regarding the Terms:
NICHE Design Group, LLC
54 West 40th Street
New York, NY 10018
Email Address:
Effective as of January 01, 2022