Content Maintenance Agreement

USER AGREEMENT
Maine Niche.com (“Maine Niche” or “We”) is an internet enabled service dedicated to assisting you in content maintenance and ‘other’ services listed within our website. We offer this service at a low cost, enabling our customers to save both time and money.

  1. This Agreement. This Agreement is a contract between you and Maine Niche and applies to your use of Maine Niche Content Maintenance Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement. The User Agreement is subject to change by Maine Niche at any time, at its sole discretion, with advance notice given to the user. The most current version of the User Agreement will supersede all earlier versions. In addition to reviewing this Agreement on a regular basis, please read our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. By agreeing to the terms of this Agreement, you are also agreeing to the terms of Maine Niche Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.
  2. Notice. You agree that Maine Niche may provide notices to you of changes to our User Agreement, Privacy Policy, or any other policy or issue Maine Niche may have, by website postings, emails to the email address listed in your account, or by mail to the street address listed in your account. Such notices shall be considered to be received by you within 24 hours of the time they are posted to our website or sent by email to you unless we receive notice that the email was not delivered. Any notice sent by mail will be considered to have been received by you three business days after it is sent.
  3. Ownership. This site, together with the arrangement and compilation of the content, is the copyrighted property of Maine Niche. Nothing contained on this site should be construed as granting any license or right to use any of the copyrights without the written permission of Maine Niche. All related logos, products and services described in our website are copyrighted materials. You may not copy, imitate or use them without prior written consent.
  4. Eligibility and Authorization. To be eligible for our Services, you must be at least 18 years old. When agreeing to our Content Maintenance Agreement, you authorize Maine Niche, directly or through third parties, to make any inquiries we consider necessary to validate your age and/or identity.
  5. Rates for Services. Rates for services can be obtained by Maine Niche. We reserve the right to change our rates at any time. Changes to our rates are effective without notice. Changes in fees for current customers or clients become effective at the beginning of their next billing period. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
  6. Closing Your Account. You may close your Account at any time by informing us via email or mail. Non-active account(s) will be automatically closed after 6 (six) months.
  7. Usage of Hours. All hours purchased must be used within 90 days of purchase. Clients can rollover all hours left in their current month to the next month of service. Rollover may not be applied to trial hours, special priced plans and non-current or non-active plans.
  8. Terms of Usage. The services that We provide are strictly for the registered user only. We will not be held accountable for any information that is used by a third party not privy to this agreement.
  9. EXCLUSION OF WARRANTY. MAINE NICHE AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN ‘AS IS’ BASIS. MAINE NICHE AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, MAINE NICHE WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER MAINE NICHE NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM MAINE NICHE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
  10. Limitation of Liability. Maine Niche assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or you’re downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Maine Niche or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non-performance by Maine Niche or any third party providers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
  11. List of Holidays. Our office will be closed on the following days: New Year’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and Christmas Day.
  12. Nondisclosure. The terms of the user agreement governs the disclosure of information by and between Maine Niche, and you (the Disclosure) as of the date of this membership signup. It is agreed by and between the parties hereto as follows:
    (I) Handling of Confidential Information: The receiving party undertakes to treat as strictly confidential and not to divulge to any third party any of the information disclosed by the other and not to make use of any such information without the disclosing party’s prior written consent. The obligations of confidentiality and non-disclosure will be honored even after the termination of this agreement, except as required by governmental authorities.
    (II) Definition of Confidential Information: As used herein, “Confidential Information” shall mean any and all technical and non-technical information provided by either party to the other, including but not limited to, trade secrets, information related to current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, financial information, customer lists, employees, business and contractual relationships, sales and marketing plans.
    (III) Exceptions to Confidential Information: The above undertaking shall not apply to:
    a. Information which after disclosure by the disclosing party is published or becomes generally available
    to the public, otherwise than through any act or omission on the part of the receiving party.
    b. Information which the receiving party can show was in the possession at the time of disclosure and
    which was not acquired directly from the disclosing party;
    c. Information rightfully acquired from others who did not obtain in under the pledge of secrecy to
    disclosing party;
    d. Information which at the time of disclosure is published or otherwise generally available to the public.
    (IV) Residual Knowledge: The terms of this Agreement shall be deemed to apply also to the employees or agents or legally associated entities of the receiving party who shall require their said employees or agents or legally associated entities to observe the foregoing obligations.
  13. Indemnification. You agree to defend, indemnify and hold Maine Niche, its officers, managers and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
  14. Disputes. If a dispute arises between you and Maine Niche, please contact us first. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Maine Niche regarding our services may be reported to us by email.
  15. Attorney’s Fees. IF Maine Niche takes any action to enforce this Agreement, Maine Niche will be entitled to recover from you, all reasonable and necessary attorney’s fees, costs, and any cost of arbitration, in addition to any other relief, at law or in equity, to which such parties may be entitled.
  16. Termination. Maine Niche may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Maine Niche may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to Maine Niche as applicable.
  17. Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
  18. Modification. Maine Niche may at any time, modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
  19. Sever-ability. These terms and conditions shall be deemed sever-able. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  20. Entire Agreement. This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the content matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

NOTE: Please read, understand and agree to the Content Maintenance Agreement. By use of our services and/or the use of our e-mail services you hereby agree to the terms and conditions set forth within the agreement.

MAINE NICHE.COM
Millinocket, MEĀ  04462
________________________________________________________________________________________

I HAVE READ AND ACCEPT THE
CONTENT MAINTENANCE AGREEMENT

I agree with the above terms and conditions of this Agreement.

Please CLICK HERE to send an e-mail confirming your acceptance.