Thank you for visiting West End Publishing. This agreement governs your use of the company's website(s) and does not apply to any products or services, which are subject to separate agreements.

MODIFICATIONS
West End Publishing reserves the right to change any terms, conditions, and notices at any time, and such modifications shall be effective immediately upon the posting of such changes. You are therefore responsible for regularly reviewing this agreement and additional terms or notices posted on the West End Publishing website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement(s).

PRIVACY
Please review our privacy policy in order to understand our practices regarding the use and disclosure of your personal information.

ELECTRONIC COMMUNICATIONS
When you visit West End Publishing or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will often communicate with you electronically via email, telephone, or by facsimile. It is further understood that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

COPYRIGHT AND LICENSES
The entire content of this website, including but not limited to: text, typography, graphics, design elements, look and feel, logos, buttons, icons, flash and shockwave media, videos, images, audio clips, digital downloads, data compilations, and software, is the property of West End Publishing, its content suppliers, or its clients, and is protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website content without the prior express written consent of West End Publishing.

You may print this website solely for your own non-commercial use provided that you agree not to alter its content, change or delete any copyright or proprietary notices from the printed materials. If you believe any content appearing on this website constitutes a copyright infringement of another parties rights, please contact our legal department to notify us of such infringement.

DEALER / GALLERY XTRANET ACCESS AND ACCOUNT INFORMATION
You are responsible for maintaining the confidentiality of your log-in information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account's User ID and Password.

West End Publishing is committed to handling your information with high standards of information security. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. We test our security systems regularly and also contract with outside companies to audit our security systems and processes.

The security of your account(s) with us relies heavily on your protection of your password. You may not share your account(s) password with anyone. West End Publishing will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the West End Publishing website.

Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email should be treated as unauthorized and suspicious and should be reported to West End Publishing immediately. If you believe someone else has obtained access to your password, please change it immediately and notify us.

USER SUBMISSIONS
As a user of this website, you are responsible for your own communications and digital media and is responsible for the consequences of their posting. You are not allowed to post or link to:

• Material that infringes on intellectual property rights, privacy rights, or publicity rights of others
• Material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity
• Malicious code in any shape or format

WEBSITE ACCESS
West End Publishing grants you a limited license to access and make personal use of this website. The contents of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial or non-commercial purpose without the express written consent of West End Publishing. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of West End Publishing without the express written consent of West End Publishing. You may not use META tags or any other "hidden text" which utilize our domain names or any other derivative of our domain names, company name, or trademarks without the express written consent of West End Publishing.

You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of West End Publishing as long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.

It is further understood and agreed that West End Publishing cannot and does not guarantee or warrant that files made available for downloading through the West End Publishing website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through West End Publishing are free from such contaminations.

PLEASE BE ADVISED THAT CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO VIEW AND USE OUR WEBSITE(S).

Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEST END PUBLISHING ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEST END PUBLISHING MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEST END PUBLISHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEST END PUBLISHING DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAILS SENT FROM WEST END PUBLISHING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEST END PUBLISHING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

WEST END PUBLISHING USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. WEST END PUBLISHING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE.

IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, WEST END PUBLISHING SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BYWEST END PUBLISHING IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO WEST END PUBLISHING FOR A REFUND.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THIRD PARTY LINKS
Linked websites are not under the control of West End Publishing and West End Publishing is not responsible for the contents of any linked website or any link contained in a linked website, and so on. West End Publishing provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by West End Publishing of the linked website.

APPLICABLE LAW
By visiting the West End Publishing website, you agree that the laws of the state of Florida, without regard to principals of conflict of laws, will govern these Tems of Use and any dispute of any sort that might arise between you and West End Publishing.

Disputes
Any dispute relating in any way to your visit or access of the West End Publishing website or to the products or services you purchase through the West End Publishing website shall be submitted to binding arbitration in Broward County, Florida, except that, to the extent you have in any manner violated or threatened to violate West End Publishing intellectual property rights, West End Publishing may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Trems of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

IDEMNIFICATION
You agree to indemnify, defend and hold harmless West End Publishing, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party content provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or your use and access of the West End Publishing website.

INTERNATIONAL USE
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you viewing this website from.

Other Provisions
West End Publishing failure to insist upon or enforce strict performance of any provision of these Tems of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any provision of these Terms of Use. West End Publishing may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Information Request
Please send notices by care of e-mail to our legal department.

Last Revised on November 01, 2005