By visiting and using NicheInvestor.com, a subsidiary of HerPaperRoute Inc. (hereinafter the “Website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.

The term “you” refers to anyone who uses, visits and/or views the website. The term “Business or Asset” refers to the Listing being presented and sold via The Website. Niche Investor and its owners, employees, officers, directors or agents (collectively, the “Consultant”) provide an exclusive right to sell listing service, providing the listing and management of for-sale websites owned by others. This is called a represented website. Niche Investor (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments.  It is your responsibility to periodically check the website for updates.

Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

All information and content on this website is intended for individuals over the age of 18. Children under the age of 18 are prohibited from using this website. We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation. 

PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

DISCLAIMER

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.

MANDATORY ARBITRATION AND GOVERNING LAW

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the Province of British Columbia and Canada. You agree to consent and submit to the jurisdiction of the state and federal courts located in British Columbia without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. You agree to resolve any disputes or claims first through mandatory arbitration in the province of British Columbia and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

INTELLECTUAL PROPERTY

All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws.  You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

USER CONTENT AND LAWFUL USE OF THE WEBSITE  

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is (a) illegal, violates or infringes upon the rights of others, (b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, (c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law, (d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, (e) any attempts to gain unauthorized access to any portion or feature of the website, and (f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.

LISTING AGREEMENT

Niche Investor provides an exclusive right to sell listing service, providing the listing and management of for-sale websites owned by others. We provide a consultation service between buyers and sellers only and take no responsibility for the represented website itself. Services provided by NicheInvestor.com Consultant,

  • Listing the website on NicheInvestor.com
  • Promoting the listing
  • Providing legal contracts between buyer and seller
  • Responding to potential buyers questions
  • Providing assistance between buyer and seller negotiations
  • Overseeing the Escrow account to ensure timely payment
  • Assisting in the transfer of files between buyer and seller

Niche Investor is not an Escrow service and does not access any money transaction of the sale of a represented website. Niche Investor provides an Escrow account for Buyer and Seller to make the transaction of funds securely between Buyer and Seller. Seller is responsible for Escrow fees. Estimates can be seen on the Escrow website at https://www.escrow.com/fee-calculator.

Niche Investor is not a financial advisor and does not provide any financial, tax, legal or investment advice to anyone.

EXCLUSIVITY

Niche Investor provides an exclusive right to sell listing service, providing the listing and management of for-sale websites owned by others. Sellers agree to promote or sell the Business or Asset for sale exclusively with Niche Investor. For the period in which your Listing is live on the Niche Investor Platform and for 60 days from the date you remove your Listing from the Niche Investor Platform, you warrant that you will not use any other platform, marketplace or service, including a broker service, to promote or sell Business or Asset for sale, without the express written permission of Niche Investor. If Niche Investor discovers that a Seller has been in violation of this clause, Seller acknowledges and agrees that Niche Investor has the right to immediately suspend Seller’s Listing from the Niche Investor Platform and may, at its discretion, take action against Seller to recover its Success Fee. As an exclusive listing agreement, Niche Investor has the exclusive rights to sell the website. Any interested buyers, negotiations and selling is to be done via the Niche Investor team. If the Seller breaks this contract by listing or selling the website themselves to a third party, without first requesting this agreement be canceled and getting permission, Seller will be liable to pay a $600 USD fee for breaking the contract without permission and may, at Niche Investor’s discretion, take action against Seller to recover its Success Fee.

SUCCESS FEE

Sellers who list their website at NicheInvestor.com agree to pay the non-refundable listing fee, in order to have their site listed on the website. Upon the successful sale of their website, Seller agrees to pay the non-refundable commission to Niche Investor Consultant, the Success Fee, as outlined:

Success Fees (applicable to sites listed after June 29, 2022):

  • Sale price: $700,001 and up = 5% success fee
  • Sale price: $100,001 – $700,000 = 10% success fee
  • Sale price: $50,001 – $100,000 = 15% success fee
  • Sale Price: $50,000 and under = 20% success fee

TERMS FOR BUYERS

As a Buyer, you shall conduct any and all inquiries into and discussions about a Business or Asset in a Listing solely through Niche Investor and the Niche Investor Listing Consultant. You are able to submit an offer to purchase a Business or Asset contained in a Listing on the Niche Investor Platform. You must not make or present an offer or propose to purchase a Business or Asset to the Seller outside the Niche Investor Platform. You may not contact or propose an offer to Website Sellers directly. Your decision to purchase a Business or Asset shall be based solely on your own investigation and that of your legal, tax and other advisors. As a Buyer, you accept sole responsibility for examining and investigating a Business or Asset and all information contained in a Listing. This includes, but is not limited to, associated liabilities, financial statements, tax returns and any other facts or information which may impact your decision to purchase that Business or Asset and the price you are willing to pay. You understand that Niche Investor may display only a summary description of a Business or Asset. You understand and acknowledge that a Seller has entered into an agreement with Niche Investor providing that they, shall pay a Success Fee to Niche Investor if a Business or Asset is sold, transferred or assigned to a Buyer introduced to that Seller by or through your use of Niche Investor Platform. You understand that the Success Fee is paid by the Seller unless you breach the Terms in which case you agree to pay the Success Fee. You must not make a payment outside of the Niche Investor Platform for a Business or Asset contained in a Listing.

If you do so, you acknowledge and agree that you:

  • (a) would be in a breach of these Terms;
  • (b) accept all risks and responsibility for such payment, and
  • (c) hold Niche Investor harmless from any liability for such payment.

You must not circumvent or otherwise interfere with or impair Niche Investor right to receive a Success Fee or the right of a Niche Investor cooperating Consultant to receive a commission for such transaction, for any reason. Should you, your spouse, your friend or other family member or business partner purchase all or a part of the Business or Asset shown or introduced to you by or through your use of the Niche Investor Platform, or should you acquire any interest in or become affiliated in any capacity with a Business or Asset shown or introduced to you by Niche Investor, its agents, servants, employees, Consultants or assigns, without Niche Investor’s participation, or in any way interfere with Niche Investor’s right to a Success Fee, you agree that you shall become personally liable to Niche Investor, and/or a Niche Investor cooperating Consultant for the full amount of such fee and any other damages including costs and reasonable attorney fees.

NICHE INVESTOR WEBSITE USER ACCOUNT

Users may opt-in to create a user account on the nicheinvestor.com website, allowing you to have a buyer profile, and save favorite listings and searches. When creating a user account, you are opting in to receive notifications, listing updates and marketing content via the Niche Investor email newsletter. All users have the ability to unsubscribe from the newsletter at any time. Niche Investor has the right to delete, cancel or ban any user account at any time for any reason.

USER CONTENT

Sellers will be asked to provide complete and accurate information about the Business or Asset including, but not limited to a business description and current and historical financial data, Google Analytics data and screenshots of the Business or Asset’s website and social accounts, collectively called the “​User Content​”. Seller is responsible for keeping the Listing information up-to-date at all times. When Seller provides User Content to Niche Investor, Sellers grants Niche Investor a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any and all Intellectual Property Rights, including copyright and trademark rights to that content, now or in the future for any other purpose. To the maximum extent permitted by law (either present or future), Seller irrevocably and unconditionally consents to the maximum extent permitted by law (either present or future), to Niche Investor and its assignees reproducing, adapting, publishing, exhibiting, communicating, transmitting or otherwise using the User Content or an adaption of the User Content, anywhere in the world in whatever form and in whatever circumstances Niche Investor thinks fit, including adding to or altering the content. The purpose of this clause is to allow Niche Investor to publish images of the Seller’s website, content or trademark on the Niche Investor listing page and social media for the purpose of promoting the Listing.  Niche Investor does not take any claim or ownership of the Seller’s company, content, or trademark itself.

SALE PRICE

Seller is solely responsible for setting a price for the Listing “​Asking Price​”. To help prospective Sellers determine an appropriate Asking Price, Niche Investor provides a suggested valuation. Seller acknowledges and agrees that any valuation produced by Niche Investor is an estimate only and must not be construed as or relied upon as a professional valuation. The valuation is generated by a mathematical model in reliance on available data, without an in-depth analysis of the Business or Asset and without having regard to market conditions or features which may affect the value and saleability of the Business or Asset.

CONTRACT OF SALE

Niche Investor provides courtesy contract templates, which Buyers and Sellers may use in the sale of a Business or Asset. Niche Investor is not a party to any transaction or agreement between any Seller or Buyer and is not responsible in any way for compliance by each Buyer or Seller with a contract of sale or otherwise any act or omission of a Seller or Buyer.

Seller acknowledges that the use of the Niche Investor contract templates at Seller’s own risk. Seller agrees that Niche Investor has not in any way provided legal or financial advice in relation to the Niche Investor contract templates or made representations or warranties that the Niche Investor contracts are suitable for Seller’s requirements or needs and may not be appropriate or suitable to the sale or purchase of a particular Business or Asset. Niche Investor recommends both the Seller and Buyer seek their own independent legal advice in relation to the Niche Investor contracts.

Email communications with any Niche Investor representative are for general discussion and/or negotiation purposes only and cannot create or modify an existing agreement.

THIRD PARTY LINKS

The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources. 

TERMINATION – WEBSITE VISITORS

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

TERMINATION – CLIENTS

Either Niche Investor or Sellers may terminate a Listing Agreement at any time upon written notice to the other Party. Seller will be responsible for payment of fees and commissions owed during the live listing and period of 60 days after termination.

NO REFUNDS

 All sales of products and/or services on this website are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price.

NO WARRANTIES

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

ENTIRE AGREEMENT

These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form. 

SEVERABILITY

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent. 

This disclosure policy is subject to change without notice and was last updated on December 20, 2022.

CONTACT

For any questions, please contact us at hello{at} Niche Investor {dot} com