TERMS AND CONDITIONS OF USE

This web site located at www.JonathanVeley.com, www.SimpleLegalAnswers.com, the Mechanical Pencil Museum and The Leadhead’s Pencil Blog at leadheadpencils.blogspot.com (collectively referred to as the “Site”) is provided by Jonathan A. Veley (who, together with his heirs, successors, and assigns, as well as his employees, agents, contractors and advisers, is collectively referred to herein as “Provider”), conditioned on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”). By browsing, accessing, linking, using and/or downloading information (collectively called “Accessing”) from this Site, you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site.

Provider provides this Site and the hypertext links and other resources Accessible via this Site (“Third Party Websites”) and all related URLs (the “Services”) to you, subject to these Terms and Conditions. These Terms and Conditions are entered into between Provider and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person’s behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current Services, including the release of new products or services.

1. Jonathan A. Veley and You

Jonathan A. Veley is a practicing attorney.  He welcomes new clients and new matters from existing clients. However, the only way to become a client is to sign a fee agreement with him.

Jonathan A. Veley is an attorney licensed to practice law in the state of Ohio, and nothing in this Site expresses any opinions or advice concerning the status of law outside the State of Ohio. Use of this Site or any of its materials, including without limitation the viewing of any online tutorials through SimpleLegalAnswers.com or completing and/or forwarding any client forms by any means, does not make you a client of Jonathan A. Veley, nor do any of the following:

• Completing and submitting a client form or questionnaire.
• Sending a payment or retainer through the “Make a Payment Page” of this site.
• Watching a video on SimpleLegalAnswers.com.
• Sending information to Jonathan A. Veley over the phone, by email through this site, or by any other means.

Information provided on this Site is intended only as general legal information, does not constitute legal advice, and should not be relied upon to take or forego any action. IF YOU HAVE QUESTIONS ABOUT YOUR SPECIFIC SITUATION, CONSULT AN ATTORNEY. The materials on this Site are not a substitute for the in person advice of an attorney, who can review the specific facts of your situation and advise you accordingly.

Jonathan A. Veley will gladly discuss your situation with you, but only in his office and only if an appointment is scheduled for a consultation. Said consultation will be conducted in accordance with the firm’s Initial Consultation policy, which can be found in the Client Forms page of JonathanVeley.com. THE SOLE WAY TO BECOME A CLIENT OF JONATHAN A. VELEY IS FOR YOU AND JONATHAN A. VELEY TO EXECUTE A FEE AGREEMENT DEFINING THE NATURE OF THE SERVICES TO BE PROVIDED.

Please DO NOT send confidential information concerning your specific situation through this Site. All such information will be deleted by Provider without being read, and you will be sent an email in response inviting you to schedule an in-office appointment for an initial consultation. This is to protect both potential and existing clients of the firm.

2. Copyright
All content contained on the Site, including without limitation all text, video, images and information (the “Content”) displayed or available thereon contains information and other material that is protected by copyright, trademark or other proprietary rights of Jonathan A. Veley or other third-party content providers. You agree to comply with any and all restrictions regarding any and all of the Content. No Content from this Site may be copied, republished, uploaded or otherwise distributed. You may only download one copy of the Content on a single computer for your personal, noncommercial use, as long as all copyright and other proprietary notices remain intact and are prominently displayed. You may not sublicense, transfer or otherwise make available any Content to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location. You may not alter or modify the Content in any way.

3. Permitted and prohibited uses

Members of the general public who are over the age of 18 years may lawfully use this Site, and Provider grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, drawings, photographs, video clips, music and sounds, and all trade marks, service marks and trade names used at this Site (the “Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

a. sell, license, lease, copy, transmit to any other person, modify or create derivative works from the Content in any way or publicly display, transmit, distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;

b. use this Site in any manner that could damage, disable, overburden or impair this Site, such as (1) transmitting to or distributing on this Site any harmful, disruptive, or destructive files or programs, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism, (2) interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites; or (3) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;

c. disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites; this includes without limitation (1) using or attempting to use another’s account, password, service, system or other information without prior written authorization from Provider, (2) creating or using a false identity on this Site; (3) attempting to obtain unauthorized access to this Site or portions of this Site which are restricted from general access and (4) upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

4. Termination of Access
Provider reserves the right, at its discretion, to modify, suspend or terminate your access (regardless of whether Provider is similarly doing the same for other persons similarly situated) to all or any part of the Content, or to change, suspend or discontinue any Content, without prior notice or liability.

5. Disclaimer of Warranties
Provider makes no warranty, express, implied, statutory or otherwise (specifically disclaiming any implied warranty of merchantability, fitness for a particular purpose, or non-infringement) with respect to the Site and/or the Content, or:

a. that the Site will be uninterrupted or error free,

b. that the Content will be available at any particular speed or time, or

c. that the Content is accurate.

You expressly assume the entire risk as to the quality and performance of the Site and the accuracy or completeness of the Content,

6. Links and Third Party Websites
Provider provides to you, on this Site, links to Third Party Websites operated by other entities. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser. Utilizing these links removes you from this Site whether or not your computer provides a dialogue box to notify you of that fact, and transfers you to a Third Party Website over which Provider has no control, influence or input. The inclusion of a link to a Third Party Website does not constitute endorsement, sponsorship, affiliation, license through or recommendation by Provider, or of the Third Party Websites, the entities themselves or of any content, services or products available on or through such Third Party Websites. Use of these Third Party Websites is subject to their terms and conditions, not those of Provider, and you do so at your own risk. You are advised to take all protective measures to guard against viruses and other destructive elements.

Debit and credit card payments through this Site are administered by Paypal and are therefore Third Party Websites.
This Site may contain content provided by third parties, including but not limited to advertisements. You agree that Provider shall not have any liability whatsoever to you for any such third party material, data or information.

7. Submitting Information
Provider does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Credit card and debit card payments made through this site are administered through Paypal, and Provider does not collect or retain financial information. Submission of any financial (eg. credit card) or other information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Provider through this Site. Except for personal information about you, any information you do send to Provider through this Site will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, you hereby grant to Provider a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.

8. Agreement to Privacy Policy
Provider respects your desire for privacy. Provider’s Privacy Policy can be found here. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

9. Limitation of Liability
Provider shall not be liable for any lost profits, lost data, costs of procurement of substitute goods or services or content, or for any indirect, special, incidental or consequential damages, however caused or under any theory of liability. These limitations shall apply whether or not you have advised any of the above persons of the possibility of such damage. You agree that the foregoing limitation of liability represents a reasonable allocation of risk. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

10. Indemnity

You agree to defend, indemnify and hold harmless Provider, and Provider’s respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.

11. Choice of law
These Terms and Conditions shall be deemed to have been made and performed exclusively in Newark, Ohio and shall be governed by and construed under the laws of Ohio applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Licking County, Ohio for any claim related to or arising out of the Site and these Terms and Conditions and you agree not to bring any action, claim, suit or proceeding against Provider in any other jurisdiction.

12. Changes to Terms and Conditions
Provider reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions (“Changes”), and you agree to be bound by such Changes. Changes shall be effective immediately without any notice other than by posting the revised Terms and Conditions in their entirety on this Site. By Accessing this site you acknowledge that you should regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Use of the Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.

13. General
The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between Provider and you with respect to your use of this Site. Provider’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. You acknowledge that Provider is a third party beneficiary for all purposes under these Terms and Conditions.