Last Revised March 11, 2008

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE THENOVELTREE WEBSITE, INCLUDING THENOVELTREE.COM, (THE "WEBSITE") OPERATED BY THENOVELTREE, LLC ("THENOVELTREE "). BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.

1. CHANGES TO THESE TERMS AND CONDITIONS
THENOVELTREE may, in its sole discretion, change, supplement or amend these Terms and Conditions as they relate to your future use of the WEBSITE from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the WEBSITE. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the WEBSITE, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read.

2. THE THENOVELTREE MEMBER AGREEMENT
These Terms and Conditions supplement the THENOVELTREE's Member Agreement, which applies to all THENOVELTREE members. The THENOVELTREE's Member Agreement may be viewed by clicking here [link to THENOVELTREE's Member Agreement].

3. PERMISSION TO USE THE WEBSITE
The WEBSITE may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the WEBSITE must comply with all applicable laws. The WEBSITE may not be used by persons in jurisdictions where access to or use of the WEBSITE or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the WEBSITE. THENOVELTREE may in its discretion refuse permission to access and use the WEBSITE.

The WEBSITE is made available to you for your lawful, personal, non-commercial use only. You may access and browse the WEBSITE only using commercially available, SSL-capable Web browser software. You may print or download the pages of the WEBSITE for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The WEBSITE and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of THENOVELTREE. You may not reproduce, copy, duplicate, sell, or resell any part of the WEBSITE or access to the WEBSITE.

4. USER SUBMISSIONS
We welcome your comments about our WEBSITE. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments" or "Submissions") sent to our WEBSITE shall be and remain the exclusive property of THENOVELTREE. Your submission of any such Submissions shall constitute an assignment to THENOVELTREE of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. THENOVELTREE will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

5. DISCLAIMER
The WEBSITE is 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. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the WEBSITE; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the WEBSITE.

Regardless of the nature of the claim or the reasons for the loss and damages, THENOVELTREE's liability is limited to foreseeable and direct damages only. THENOVELTREE will not under any circumstances be liable to you or any other person 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 WEBSITE by you or any other 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 the lesser of US$25 or the purchase price of the Item that is the subject of the claim.

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.

6. NO ADVICE
The WEBSITE is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the WEBSITE.

7. COMMUNICATIONS
Communications sent to THENOVELTREE by means of the WEBSITE or email are not considered delivered or effective unless and until they are actually received and processed by THENOVELTREE's responsible representative.

8. OWNERSHIP OF THE WEBSITE
The WEBSITE and their content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the WEBSITE) are the property of THENOVELTREE and others, and are protected by international copyright and other laws. Your use of the WEBSITE does not transfer to you any ownership or other rights in the WEBSITE or their content.

9. TRADEMARK INFORMATION
THENOVELTREE and THENOVELTREE.COM are trademarks, service marks, and trade names owned or licensed by THENOVELTREE. Other product and company names and logos appearing on the WEBSITE may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the WEBSITE, except as expressly provided in these Terms and Conditions, is strictly prohibited. Nothing appearing on the WEBSITE or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the WEBSITE.

10. OTHER SITES
The WEBSITE may include advertisements for, and links to, other WEBSITE or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from THENOVELTREE, and THENOVELTREE has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. THENOVELTREE does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against THENOVELTREE arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.

To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which THENOVELTREE does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

11. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the WEBSITE without the express written permission of THENOVELTREE are strictly prohibited. To request permission to link to the WEBSITE, please contact marketing@THENOVELTREE.com [or whatever email you prefer]. The framing, mirroring, scraping or data-mining of the WEBSITE or any of their content in any form and by any method are strictly prohibited.

You may not use any collaborative browsing or display technologies in connection with your use of the WEBSITE or to post comments, communications, or any other data of any kind to or on the WEBSITE with the intention that other users of the WEBSITE may view such postings.

12. PERSONAL INFORMATION PRIVACY
THENOVELTREE collects, uses, and discloses your personal information in accordance with its Privacy Policy, which may be viewed by clicking here. [link to privacy policy]. THENOVELTREE may change its Privacy Policy from time to time in its sole discretion. Each time you use the Website, you consent to THENOVELTREE's collection, use and disclosure of your personal information in accordance with its Privacy Policy as it then reads without any further notice or any liability to you or any other person.

13. UNSOLICITED SUBMISSIONS
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to THENOVELTREE or the WEBSITE, you automatically grant (or warrant that the owner of the Submissions grants) to THENOVELTREE and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of THENOVELTREE or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of THENOVELTREE and its assigns.

14. SOFTWARE AGREEMENTS
THENOVELTREE may cause software to be available for you to download from the WEBSITE or through other WEBSITE. The software is protected by copyright. These Terms and Conditions and the software license agreement specific to the software govern your downloading and use of the software.

15. INACCURACY DISCLAIMER
From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, and availability. THENOVELTREE reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted any submission of intellectual property or order).

16. MISCELLANIOUS MATTERS
These Terms and Conditions and all related matters are governed solely by the laws of Michigan, USA and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply.

For all disputes between THENOVELTREE and you or any other person arising from, connected with or relating to the WEBSITE, these Terms and Conditions, transactions facilitated or conducted through the WEBSITE, Items ordered or purchased through the WEBSITE, 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 attorn 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 Kent County, 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.

If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.

Any rights not expressly granted in these Terms and Conditions are reserved to THENOVELTREE.

These Terms and Conditions are subject to change without notice.