NOTE: Due to the increased time to print hardcover color books, the price for these books will be determined at the time of the request by Author.

SECTION 5:  WARRANTIES Author represents that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism and that the Work, if fiction, represents no real event or person(s) that could in any way be deemed libelous and that, if nonfiction, does not misstate or omit any fact which would libel any person(s) or result in a person(s) being placed in a false or damaging light; and that the Work does not infringe the copyright, trademark or privacy of any third party; and that he or she is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature and that the author has the right to enter into this Agreement.  These warranties shall survive the termination of this Agreement.  

SECTION 6:  INDEMNITIES The Author agrees to indemnify Atypical and its employees, shareholders, directors, representatives, successors and assigns of and from all and any manner of claims, liabilities, damages, expenses (including reasonable attorney's fees), awards, and judgments resulting from claims of (i) third parties regarding ownership, libel, slander, plagiarism, privacy, misappropriation, and similar claims arising from publication of the Work; (ii) Author's breach of any warranty in this Agreement. Atypical agrees to notify the Author promptly of any claim for indemnity under this Agreement. Atypical may be represented in any proceeding by counsel of its choice; the Author may retain additional counsel at his or her own expense. Any settlement agreement between Atypical and a third party regarding a claim covered by the indemnity provisions of this Agreement shall be subject to approval of the Author, which approval shall not be unreasonably withheld. These indemnities shall survive the termination of this Agreement.  

SECTION 7:  TERMS AND EXCLUSIVITY This Agreement is nonexclusive; the Author retains the copyright for this Work and may enter into other publishing agreements. Either party has the option to terminate the Agreement at any time, with or without cause. If the Agreement is terminated by the Author prior to publication, publishing fees less any fees for pre or post publication services such as page layout or any add-on service already fulfilled, will be refunded (or applied against any outstanding amounts in the Author's account.) If the Agreement is terminated by Atypical, all publishing fees will be refunded in full (or applied against any outstanding amounts in the Author's account). Publication fees are defined as those fees directly associated with disk and/or paper manuscript submission. Fees related to other pre or post publication services, such as data entry, corrections, cover design, image processing, or book sales, are not refundable. Fees for the publication of subsequent editions of the Work are not refundable. If the Agreement is terminated by Atypical due to a breach of Agreement by Author, no fees shall be refunded.  

SECTION 8:  NOTICES All notices to Atypical must be sent in writing to its office at 501 Westport Avenue, #215, Norwalk, CT 06851. All notices to the Author shall be in writing to the address specified by the Author.  

SECTION 9:  COMPLETE AGREEMENT This written Contract contains the sole and entire Agreement between the parties and shall supersede any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced.  

SECTION 10: PERMISSION FOR COPYRIGHTED MATERIAL If Author incorporates in the Book any copyrighted material, he/she will procure, at his/her expense, written permission to reprint it. Author agrees to retain all such written permissions. Author agrees to deliver all such written permissions to Atypical at Atypical’s request.  

SECTION 11:  SUITS FOR INFRINGEMENT OF COPYRIGHT If the copyright of the Book is infringed, Author is responsible for commencing any legal action Author deems necessary. However, Author and Atypical may jointly pursue a copyright infringement action, but the parties must agree in writing prior to any joint commencement of any legal action.  

SECTION 12:  ADDITIONAL SERVICES BY PUBLISHER Any additional services provided by Atypical have their own specific terms and conditions and must be agreed to separately by Author in writing, which may include mail, fax, email or electronic signature, or agreeing to Terms & Conditions as set forth on Atypical’s website.  

SECTION 13:  SEVERABILITY If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision(s) of this Agreement is invalid or unenforceable, but that by limiting such provision would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.  

SECTION 14:  WAIVER The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.  

SECTION 15:  PREVAILING PARTIES The prevailing party in any suit brought by either party hereto to enforce the terms hereof shall be entitled to recover from the non-prevailing party all of said prevailing party’s reasonable costs, distributions and attorney’s fees, including all collection cost (e.g. fees paid to a collection agency) and attorneys’ fees incurred in attempting to collect any judgment hereunder.  

SECTION 16:  ASSIGNMENT Any person or entity to whom any right, title, or interest in this Agreement be assigned shall be subject to and bound by all of the terms and conditions herein as if they were the original party hereto. If a controlling interest in Atypical changes is bought or otherwise merged into another publishing company, Author will have 30 days to opt-out of this Agreement, upon written notification of such sale or merger by Atypical.
  
SECTION 17:  COUNTERPARTS AND FAX OR ELECTRONIC SIGNATURE This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one (1) and the same instrument. Further, one or both parties may execute this Agreement via electronic signature or fax and such signature will be deemed to be original. Payment for the services set forth in this Agreement via credit card online or via fax signature constitute Author’s acceptance to the terms set forth herein.  

SECTION 18:  AUTHOR REMEDIES & LIMITATION OF DAMAGES The most Author may ever sue Atypical for is the amount paid for any services rendered hereunder and not refunded at the time of commencement of litigation by Author. Atypical is not liable for any other damages including but not limited to any incidental or consequential damages, damages for loss of profits, missed sales opportunities, business interruption, loss of business information, or any other type of pecuniary loss.

SECTION 19:  CURRENCY All dollar amounts set forth in this Agreement and in those incorporated as part of this Agreement (book editing, copyright registration services, etc) are in U.S. Dollars.  

SECTION 20:  PUBLISHER BANKRUPTCY If Atypical commences bankruptcy proceedings, all rights in Author's Book not already vested with Author shall immediately revert back to Author.  

SECTION 21:  LAW AND VENUE The laws of the State of Connecticut shall govern this Agreement. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes which may arise under this Agreement, the parties have agreed that except as specifically provided herein, they shall submit any and all disputes arising in any way under this Agreement to the American Arbitration Association for final disposition in accordance with its rules, provided that the Arbitrator shall have no authority to award punitive damages. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to deprive a party of the right to equitable relief in a court of competent jurisdiction respecting rights to its intellectual property or use thereof under this Agreement. Any proceeding under this paragraph shall be brought in the federal or state courts in Connecticut. A judgment may be entered in a court of competent jurisdiction based on any award rendered in arbitration or other proceeding conducted by the parties pursuant to this paragraph. The parties hereto agree to the terms of this agreement.

TITLE OF WORK:    
ATYPICAL PUBLISHING, LLC.                                     AUTHOR:
By: /Daniel Joslin/
Its: Managing Partner
Date:__________________