Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below (“Terms of Use”). If you do not agree to these Terms of Use, please do not use this website. We can revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically for changes.

This website is owned and operated by Niche Corporation dba Simeone Deary Design Group and its affiliates ("SDDG," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these Terms of Use.

SDDG grants you a limited license to access for the purpose of viewing information on this website and not to download (other than page caching), copy, reuse, or modify it, or any portion of it, except with the express written consent of SDDG. This license does not include any resale or commercial use of this site or its contents; any collection and use of any designs, descriptions, or photos; or any derivative use of this site or its contents. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract data from this website. Except as otherwise specifically provided elsewhere on this website, you may not redistribute, retransmit, republish, enter into a database, commercially exploit or create derivative works of the contents of this website without the written consent of SDDG and any copyright owner from whom we have obtained a license.

All contents of this website are owned, created, or licensed by SDDG. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such items to you, and such items may be used solely in accordance with these Terms of Use. You may not frame, mirror or archive any part of this site or any material contained on this site on any server or computer without SDDG's written permission.

USER CONTENT AND COMMENTS

SDDG is pleased to hear from its users, however any creative ideas, suggestions or other materials you disclose or offer to us or in connection with this website ("Disclosures"), including e-mails to SDDG or user comments, shall be freely usable by us for any purpose whatsoever, including but not limited to publishing, developing, distributing and marketing content or services using such information. Any Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. If you provide your name or other biographical information in connection with your Disclosure, such information will be considered part of your Disclosure and usable as provided in this Section, including by publicly identifying you as the source of the Disclosure. We have the right (but not the obligation) in our sole discretion to refuse or remove any user content, in whole or part, that, in our judgment, does not comply with these Terms of Use or is otherwise undesirable, inappropriate or inaccurate. You hereby RELEASE SDDG from any liability under any legal theory in connection with the use, display, modification, sale, or disclosure of any Disclosure.

THIRD PARTY CONTENT AND LINKED SITES

This website may contain hyperlinks to third party websites and content which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. SDDG has no control over the content, terms or privacy policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. A description or reference to a company, product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by SDDG of that company, product, service or publication. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

NO REPRESENTATIONS OR WARRANTIES

SDDG makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or SDDG's computer systems. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD SDDG HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS." SDDG DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE ADVERTISED ON, MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SDDG BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

JURISDICTION AND CHOICE OF LAW

SDDG controls and manages this website from its facilities in the state of Illinois. Our website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or compliance requirement within such jurisdiction or country. Information published on this website may contain references to products, programs and services that are not available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Any dispute or claim relating in any way to these Terms of Use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and SDDG irrevocably consent to the exclusive jurisdiction of the courts located in Chicago, Illinois for such action. You and SDDG waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action and waive any right to a jury trial. You and we also agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information below to the contact information provided for SDDG. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CHANGES TO THESE TERMS

SDDG reserves the right to change or update these Terms of Use, or any other policy or practice, at any time, with reasonable notice to users of its website. Any changes or updates will be effective immediately upon posting to our website. By continuing to use or access the website after such posting, you agree to be bound by such changes.

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this website. Despite any representations concerning privacy, SDDG reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

NOTICES

Any notices or acknowledgements that are specified in these terms may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

GENERAL

These Terms of Use (together with our Privacy Policy) represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. SDDG reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights SDDG may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or SDDG (including terms applicable to online promotions and sweepstakes). In the event of a conflict between such terms and these Terms of Use, such specific terms shall control.