8575 - Contract Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
6/2/2027
8575 Niche Academy
Kayla Clark
Prepared for:Rachel Reeves
Prepared by:Dan Oldham
Date:April 27,2024
Niche Academy Platform Overview
The Niche Academy platform includes resource promotion tools that integrate directly with your existing website.These
promotional tools:
●Are built with appealing graphics to call attention to the resources
●Include video introductions
●Link directly to ready-to-use tutorials that show patrons how to get started and ensure a satisfying first experience
●Are always available
●Provide a consistent how-to instruction experience across all resources
●Are customized to seamlessly integrate with the look and feel of your website.
Niche Academy maintains the ready-to-use tutorials over time,so they are always current.Integration with your website is
included with our setup so there are no additional services or support fees.Best of all,you can use the Niche Academy
platform to create your own tutorials.Popular uses of local tutorials include staff training and an introduction to the local
catalog.
Pricing
Niche Academy Online Learning Platform Cost
AnnualSubscription 6/3/2024-6/2/2025 $3,800/year
AnnualSubscription 6/3/2025-6/2/2026 $3,800/year
AnnualSubscription 6/3/2026-6/2/2027 $3,800/year
Total (billed/invoiced annually)$11,400/year
Acceptance
I accept this proposal and agree with the intent to do business.
_________________________________________________
Representative
Terms of Service
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
Niche Academy LLC ("Niche Academy," "we," or "us") offers an online learning academy and
promotion platform and community through its website located at NicheAcademy.com and all
subdomains. By using Niche Academy’s Service, you accept these Terms of Service. If you do
not agree to these terms, do not use Niche Academy’s Service.
Contents
1. License to Use the Niche Academy Service
2. Privacy
3. Registration
4. Account Types and Billing Terms
5. Term and Termination; Account Deletion
6. Content Restrictions
7. Code of Conduct
8. Licenses Granted by You
1. Videos
2. Text, Images, Quizzes, and Downloadable Files
9. Your Representations and Warranties
10. Indemnification
11. Third Party Copyrights and Other Rights
12. Disclaimers
13. General Provisions
1. License to Use the Niche Academy Service
LICENSE: Niche Academy grants you a limited, non-exclusive license to view content available
on the Niche Academy Service. For subscribing organizations, you also have license to create
and share tutorials on the Niche Academy platform. This license is specific to your organization
and may not be assigned or sublicensed to any other entity.
RESTRICTIONS: Except as expressly permitted by Niche Academy in writing, you will not
reproduce, redistribute, sell, decompile, reverse engineer, or disassemble the Niche Academy
Service. Nor will you take any measures to interfere with or damage the Niche Academy
Service. All rights not expressly granted by Niche Academy are reserved.
2. Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement.
Please review the Privacy Policy to learn about:
● What information we may collect about you;
● What we use that information for; and
● With whom we share that information.
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
3. Registration
REGISTRATION: You may need to register for a Niche Academy account in order to use some
content through the Niche Academy Service. Registration requires providing your name,
password, and valid email address.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account,
including any activity by unauthorized users. If you become aware of an unauthorized access to
your account, you must change your password and notify us immediately.
4. Account Types and Billing Terms
ACCOUNT TYPES: Niche Academy accounts may be created free of charge. For access to
some features and content, however, a subscription may be required. Features and prices are
subject to change.
CANCELLATION AND REFUNDS: Paid accounts are billed on an agreed upon term. If you
choose not to renew, your paid plan will be terminated at the end of the current term.
BILLING TERMS: At each renewal cycle you can choose to continue or discontinue your
subscription.
PAID PLAN CANCELLATION: When you choose not to renew your subscription, your Niche
Academy account will be disabled after the end of the paid term.
5. Term and Termination; Account Deletion
TERM: This Agreement begins when you first use the Niche Academy Service and continues as
long as you continue to use the service.
ACCOUNT DELETION: You may choose not to have your Niche Academy account deleted.
Niche Academy reserves the right to delete subscription accounts that have expired. Any
content created under a subscription account that you desire to preserve after the end of a
subscription should be preserved prior to the end of paid term. Niche Academy will make
reasonable efforts to accommodate extenuating circumstances in this regard.
TERMINATION FOR BREACH: Niche Academy may suspend, disable, or delete your account
and remove any content you submitted if Niche Academy determines that you have violated any
provision of this Agreement or that your conduct or content would damage Niche Academy's
reputation. If Niche Academy deletes your account for these reasons, Niche Academy reserves
the right to prevent you from re-registering for the Niche Academy Service..
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by
Niche Academy will terminate and your course content may no longer be available. Niche
Academy shall not be responsible for the loss of such content.
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
6. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio
recording, or other work (collectively, "content") that:
● Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
● Contains sexually explicit content or pornography (Niche Academy reserves the right to
determine what would meet a generally accepted standard for pornography);
● Contains hateful, defamatory, or discriminatory content or incites hatred against any
individual or group;
● Exploits minors;
● Depicts unlawful acts or extreme violence;
● Depicts animal cruelty or extreme violence towards animals;
● Promotes fraudulent schemes, multi level marketing (MLM) schemes, or any other
dubious money-making ventures; or
● Violates any law.
All content you submit must also comply with Niche Academy’s Guidelines, which are
incorporated into this Agreement.
7. Code of Conduct
In using the Niche Academy Service, you must behave in a civil and respectful manner at all
times. Further, you will not:
● Act in a deceptive manner by, among other things, impersonating any person;
● Harass or stalk any other person;
● Harm or exploit minors; or
● Distribute "spam.”
Niche Academy has the right, but not the obligation, to monitor all conduct on and content
submitted to the Niche Academy Service.
8. Licenses Granted by You
8.1 Videos
LICENSE TO Niche Academy: As between you and Niche Academy, you own the video content
("videos") that you upload to Niche Academy. Niche Academy will not resell your video content
without your express permission.
LICENSE TO OTHER USERS: You further grant permission to all registered students of your
courses to view your videos for their personal, non-commercial purposes. The foregoing
licenses are in addition to any license you may decide to grant (e.g., a Creative Commons
license).
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
DURATION OF LICENSES: The above licenses will continue unless and until you remove your
videos from Niche Academy, in which case the licenses will terminate within a commercially
reasonable period of time. Notwithstanding the foregoing, the license for legal
archival/preservation purposes will continue indefinitely. ‘
8.2 Text, Images, Quizzes, and Downloadable Files
You also own all text, images, quizzes, and downloadable content that you upload into your
Niche Academy courses and academies. All registered students of your courses will be able to
access your content for their personal, non-commercial purposes. If you’ve uploaded
downloadable documents, your students also have the right to download a copy of these
documents to their personal computers.
9. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right
to submit the content to Niche Academy and grant the licenses set forth above; (ii) Niche
Academy will not need to obtain licenses from any third party or pay royalties to any third party;
(iii) the content does not infringe any third party's rights, including intellectual property rights and
privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
10. Indemnification
Each party agrees that it will be responsible for its own acts and omissions, and those of their
respective officials, officers, agents, employees, and assigns. The parties expressly agree that
no provision of this Agreement is in any way intended to constitute a waiver by the City of
Denton of any immunities from suit or from liability that the City of Denton may have by
operation of law.
11. Third Party Copyrights and Other Rights
Niche Academy respects the intellectual property rights of others. If you believe that your
copyright has been infringed, please send us a notice as set forth in our Copyright Policy, which
is incorporated into this Agreement. For other intellectual property claims, please send us a
notice via email.
12. Disclaimers
Niche Academy reserves the right to modify our Service. You are responsible for providing your
own access (e.g., computer, mobile device, Internet connection, etc.) to Niche Academy. Niche
Academy has no obligation to screen or monitor any content and does not guarantee that any
content available on the Niche Academy Service complies with this Agreement or is suitable for
all users.
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
Niche Academy provides its Service on an "as is" and "as available" basis. You therefore use
the Niche Academy Service at your own risk. Niche Academy expressly disclaims any and all
warranties of any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose, non-infringement, and any other
warranty that might arise under any law. Without limiting the foregoing, Niche Academy makes
no representations or warranties:
● That the Niche Academy Service will be permitted in your jurisdiction;
● That the Niche Academy Service will be uninterrupted or error-free;
● Concerning any content submitted by any member;
● Concerning any third party's use of content that you submit;
● That any content you submit will be made available on the Niche Academy Service or
will be stored by Niche Academy;
● That the Niche Academy Service will meet your business or professional needs;
● That Niche Academy will continue to support any particular feature of the Niche
Academy Service; or
● Concerning sites and resources outside of the Niche Academy Service, even if linked to
from the Niche Academy Service.
13. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Texas,
United States of America, without regard to principles of conflicts of law. The Uniform
Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations
Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Niche
Academy Service must be commenced in the state or federal courts located in Denton County,
Texas, United States of America (and you consent to the jurisdiction of those courts). In any
such action, Niche Academy and you irrevocably waive any right to a trial by jury.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is
binding upon and shall inure to the benefit of both parties and their respective successors, heirs,
executors, administrators, personal representatives, and permitted assigns. You may not assign
this Agreement without Niche Academy's prior written consent. No third party shall have any
rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements,
disclosures, or other information from Niche Academy electronically. Niche Academy may
provide all such communications by email or by posting them on the Niche Academy Service.
For support-related inquiries, you may contact us. Nothing herein shall limit Niche Academy's
right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service
posted by Niche Academy on the Niche Academy Site or a written amendment signed by an
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
authorized representative of Niche Academy. A revised Terms of Service will be effective as of
the date it is posted on the Niche Academy Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
● Privacy Policy
● Copyright and DMCA Policy
This Agreement constitutes the entire understanding between Niche Academy and you
concerning the subject matter hereof and supersedes all prior agreements and understandings
regarding the same.
Contacting Us
If there are any questions regarding these terms of service you may contact us using the
information below.
Niche Academy
139 N Hunters Grove Ln #308
Lehi, Utah 84043
info@nicheacademy.com
Last Edited on 12/01/2021
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the
date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: AA71442F-C401-4544-85C2-F9B25380D2B1
5/15/2024
Niche Academy LLC
Kayla Clark
Certificate Of Completion
Envelope Id: AA71442FC401454485C2F9B25380D2B1 Status: Completed
Subject: ***Purchasing Approval*** 8575 Niche Academy
Source Envelope:
Document Pages: 9 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 2 Kayla Clark
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
901B Texas Street
Denton, TX 76209
kayla.clark@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
5/14/2024 6:31:10 AM
Holder: Kayla Clark
kayla.clark@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Kayla Clark
kayla.clark@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 5/14/2024 6:34:13 AM
Viewed: 5/14/2024 6:34:38 AM
Signed: 5/14/2024 6:34:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/14/2024 6:34:46 AM
Viewed: 5/14/2024 6:39:50 AM
Signed: 5/14/2024 6:43:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jeromy Wilson
jeromy@nicheacademy.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.229.139.117
Signed using mobile
Sent: 5/14/2024 11:57:25 AM
Viewed: 5/15/2024 7:48:15 AM
Signed: 5/15/2024 7:49:59 AM
Electronic Record and Signature Disclosure:
Accepted: 5/15/2024 7:48:15 AM
ID: 2fac1d72-637d-4294-bab4-bc9076ca4b1e
Jennifer Bekker
Jennifer.Bekker@cityofdenton.com
Director of Libraries
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/15/2024 7:50:00 AM
Viewed: 5/15/2024 9:37:20 AM
Signed: 5/15/2024 9:37:27 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Kayla Clark
kayla.clark@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/15/2024 9:37:28 AM
Viewed: 5/16/2024 8:33:39 AM
Signed: 5/16/2024 8:33:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Dan Oldham
doldham@nicheacademy.com
Security Level: Email, Account Authentication
(None)
Sent: 5/14/2024 11:57:26 AM
Electronic Record and Signature Disclosure:
Accepted: 5/14/2024 11:53:15 AM
ID: 1a9c0fc9-7ce8-465a-9e05-534f22712867
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/16/2024 8:33:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rachel Reeves
Rachel.Reeves@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/16/2024 8:33:46 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/14/2024 6:34:14 AM
Certified Delivered Security Checked 5/16/2024 8:33:39 AM
Signing Complete Security Checked 5/16/2024 8:33:43 AM
Completed Security Checked 5/16/2024 8:33:46 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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the paper mail delivery system. If you do not agree with this process, please let us know as
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consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM
Parties agreed to: Jeromy Wilson, Dan Oldham
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
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To contact us by email send messages to: purchasing@cityofdenton.com
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