Terms & Conditions of Use

These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Nigel-Lee Werkz LLC, an Ohio limited liability company, (hereinafter referred to as “Website Owner”), the owner and developer of afathersnovel.com (the “Website”). By registering for any service provided on the Website you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SERVICE ON THE WEBSITE. The Terms are subject to change at any time, effective upon notice to you.

BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO ; THE WEBSITE RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT WEBSITE’S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE.

1. Use.
The Website is for your personal and non-commercial use, unless otherwise specified. You may not use any service provided by the Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Website. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Website. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

2. Limitations of Liability.
‍UNDER NO CIRCUMSTANCES WILL THE WEBSITE OR WEBSITE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR YOUR USE OF THE WEBSITE AND/OR CONTENT IS TO DISCONTINUE USING THE WEBSITE.

3. Indemnification.
You agree to indemnify and hold the Website and Website Owner, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement or use of the Website. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Website.

4. Privacy.
In addition, when using our Website, you shall be subject to any posted policies, guidelines or rules applicable to use of the Website and any service provided by the Website, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into this Agreement.

5. Responsibility for Use of Website.
You understand and agree that you are solely responsible for your actions and for all content that you provide on the Website by virtue of the services provided on the Website. You understand that the Website and Website Owner do not perform background checks on the individuals who may use the Website services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by the Website, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.

6. Do Not Rely on the Website.
Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Website or Website Owner. The Website and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

7. Warning re: Offensive Information.
It is possible that other Website clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of the Website, have access to personal information about you. The Website, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.

8. Right to Monitor.
The Website and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Website.

9. DISCLOSURE OF INFORMATION.
The Website and Website Owner reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

10. Ownership, Copyrights, Trademarks, Licenses.
The Website and Website Owner own and retain all proprietary rights to the Website service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the Website and Website Owner. By posting information to the Website and Website Owner, you represent that you have the right to grant permission for use by the Website and Website Owner. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website.

11. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;(b) A description of the copyrighted work that you claim has been infringed;(c) A description of where the material that you claim is infringing is located on the Website;(d) Your address, telephone number, and e-mail address;(e) 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; and(f) 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. Our Copyright Agent for Notice of claims of copyright infringement on the Website is _____________________, who can be reached as follows:
By Mail: [address]
By Phone: [phone number]
By E-mail: [e-mail address]

12. No Warranties.
THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE OWNER DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.

13. Termination.
The Website and Website Owner reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any service provided by the Website (or any part thereof) with or without notice. You agree that the Website and Website Owner will not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any service.

14. Jurisdiction.
This Agreement or any dispute arising from this Agreement is governed by the laws of Ohio, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively in Hamilton County, Ohio and you hereby consent to the jurisdiction of any such court.

15. Severability.
If any provision is found to be invalid, the remaining provisions will be in full force and effect.

16. Certification.
You certify that you are at least 13 years of age. In accessing and using the Website, you understand and agree that basic information concerning you, given to the Website, will be published on the Website for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.

17. Entire Agreement.
This Agreement constitutes the entire agreement between you and the Website and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Website with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website.

18. Waiver.
The failure of Website or Website Owner to exercise or enforce any right or provision of thisAgreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement byWebsite or Website Owner must be in writing and signed by an authorized representative of theWebsite Owner.

19. Mandatory Arbitration.
Any dispute or controversy arising out of or relating to the Website or thisAgreement shall be determined by binding arbitration in accordance with the rules promulgated from time to time, by the American Arbitration Association.

You further understand and agree that clicking or pressing on the “I agree” is the electronic equivalent of a written signature on this document.
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