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THENOVELTREE's Member Agreement
Last Revised March 11, 2008
Thank you for choosing TheNovelTree.com!
This agreement between you and THENOVELTREE, LLC ("THENOVELTREE") explains how you can use our Web sites and participate in services listed on our Web sites. Use of THENOVELTREE Web sites is governed by this agreement. By registering as a THENOVELTREE member, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.
1. Who Can Be a Member?
Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a Member use our Web sites and participate in services listed on our Web sites. Members must comply with all applicable laws.
All information submitted by Members through the Web sites, including registration information, payment information, and transaction-related information must be true, accurate, current and complete.
Once you have registered as a Member, you are referred to as a "Member", "You", "Your" or "Yourself" for the purposes of this agreement.
2. Misprints and Orders
Although THENOVELTREE strives to provide reliable and current information on the Web sites, misprints or other errors may occur. THENOVELTREE reserves the right to change information on the Web sites at any time and from time to time without any notice or liability to You or any other person.
Products and services listed on the Web sites are subject to availability, and may not be available when ordered or afterwards.
The services offered on the Web sites are invitations for submissions of intellectual property and creative works. Your submission constitutes Your absolute assignment of the intellectual and creative rights in your work to THENOVELTREE.
3. We Respect Your Privacy
Your personal information will be collected and saved by THENOVELTREE. All data and information collected from You by THENOVELTREE is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy, which may be viewed by clicking here. [link back to Privacy Policy]
4. Warranty Disclaimer and Liability Exclusion and Limitation Clauses
THENOVELTREE strives for member satisfaction and shall take reasonable efforts to ensure the each member is pleased with the products and/or services provided. THENOVELTREE offers the products and services provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by THENOVELTREE to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages, THENOVELTREE’s liability is limited to foreseeable and typical damages. THENOVELTREE will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web sites by You unless it concerns the loss of life, injury of body and/or physical health of a natural person.
In no event will THENOVELTREE’s total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by THENOVELTREE or any person for whom THENOVELTREE is responsible, exceed cost of an annual membership in the Website.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.
5. Legal Claims
For all disputes between THENOVELTREE and You or any other person arising from, connected with or relating to the Web sites, this Agreement, transactions facilitated or conducted through the Web sites, products or services ordered or purchased through the Web sites, dealings between You and THENOVELTREE, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of Kent County, Michigan, USA and you hereby irrevocably submit and agree to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the County of Kent, Michigan, USA within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected. This section shall survive indefinitely after the termination of this agreement.
6. How Do You or THENOVELTREE End This Agreement?
You or THENOVELTREE may terminate this Agreement at any time with immediate effect and without any prior notice. THENOVELTREE may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Web sites without any notice or liability to You or any other person.
If this agreement or your permission to use the Web sites is terminated by You or THENOVELTREE for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Web sites and prior purchases of products or goods through the Web sites and anything connected with, relating to or arising from those matters.
9. Changes to Web sites, Policies and Procedures, and this Agreement
THENOVELTREE may, in its discretion, change, suspend or terminate, temporarily or permanently, the Web sites or any part of them at any time, for any reason, without any notice or liability to You or any other person.
THENOVELTREE may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Web sites from time to time and without any notice or liability to You or any other person, by posting revised documents on the Web sites. You may not change, supplement or amend this agreement or any THENOVELTREE policies or procedures.
We look forward to serving you as a valued member.
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