Terms + Conditions

Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By accessing or using any part of this web site, or the services provided on it or other web sites as set forth below, you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by West + Associates, Inc. and Westbound Publications ("West") from time-to-time without notice to you.

These Terms of Use constitute a binding contract between you and West. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use any part of this web site.

Restrictions on Use
West maintains web sites for your information, education and entertainment. The trademarks, service marks, brand identities, titles, characters, trade names, graphics, designs, copyrights and other properties appearing within West web sites are protected intellectual properties used by West. These properties may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. In order to protect these valuable assets, West must prohibit other uses without its prior written consent. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

Unless otherwise noted, the web site and all of its contents, including, but not limited to, all information, text, news articles, literature, messages, images, illustrations, artwork, animation files, designs, icons, photographs, video and audio clips, sounds, files, names, logos, trademarks, copyrighted material, trade dress, software, specifications, code and technical information (collectively, "Content") are owned by West and/or third parties with all rights reserved unless otherwise noted. West grants you a limited, non-exclusive, revocable license to access and use the web site and Content solely for your own personal use on your own behalf and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other use. No part of the Content may be reproduced in any form or incorporated into any information retrieval system, database or other application produced using any form of tangible media.

You shall abide by all additional copyright notices, information or restrictions contained in the Content accessed through the web site. Any other use of the Content without the prior written consent of West is strictly prohibited.

You agree to access or use the web site only for legal purposes that are permitted by the Terms of Use. You further agree that your use of the web site shall comply with all applicable local, state, federal and international laws, rules, and regulations.

Among other things, you agree not to:

Except with the express written permission of West, modify, copy, reproduce, frame in another web page, hyperlink, use on any other web site or networked computer environment, publish, download, upload, post, display, transmit or distribute in any way any information or Content obtained from the web site;

Use any robot, spider, other automatic device or manual process to monitor or copy any part of the web site or the Content;

Damage, disable, overburden or impair the web site or interfere with any other party's use and enjoyment of the web site; and

Obtain or attempt to obtain any materials or information through any means not made readily accessible by West through the web site.

All materials on the web site (as well as the organization and layout of the web site) are owned and copyrighted or licensed by West, its affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the web site is permitted without the written permission of West. Any rights not expressly granted herein are reserved.

Disclaimer
WEST ASSUMES NO RESPONSIBILITY REGARDING THE ACCURACY OF THE INFORMATION THAT IS PROVIDED IN THIS SITE AND USE OF SUCH INFORMATION IS AT THE RECIPIENT’S OWN RISK. INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION MAY BE CHANGED OR UPDATED WITHOUT NOTICE.

IN NO EVENT WILL WEST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CONTENT ON THE WEB SITE IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WEST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WEST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

E-mail and Public Communication
E-mails, letters, attachments or other types of communications to the editors, webmaster(s) or employees of West, and messages posted in connection with online discussions on the web site ("Communications") which you may use to communicate via the Web site shall not include any content that is inappropriate, libelous, defamatory, obscene, lewd, offensive, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law. You shall not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Web site to join or become members of any online or offline service or other organization is expressly prohibited. West from time to time may monitor the content of Communications but is under no obligation to do so. West has the right but not the obligation to edit or remove any Communications and Content whatsoever. You remain solely responsible and liable for the content of your Communications.

By uploading or submitting Communications to West, you automatically grant (or warrant that the owner of such rights has expressly granted) West a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Unsolicited Suggestions and Ideas
Communications or materials you submit to us via the web site are transmitted on both a non-confidential and a nonproprietary basis. West is not responsible for harm you or others may suffer as a result of any disclosure or use of materials you send to West on the web site. This includes submission of unsolicited product concepts or ideas as well as any other type of ideas or suggestions. West discourages the submission of unsolicited suggestions or ideas. If you do transmit unsolicited ideas or suggestions to West, you acknowledge and agree that they become the property of West and that West, its affiliates and designees may use those ideas or suggestions in any manner, at any time and for any reason with no obligation to pay you any compensation or recognition whatsoever.

Indemnification
You agree at all times to indemnify, defend and hold West harmless from any liability, loss, damage, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these Terms of Use.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WEST BE LIABLE FOR ANY SPECIAL INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT ON THE WEB SITE, EVEN IF WEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LIABILITY FOR DAMAGES OR INJURIES RESULTING FROM BROWSING THIS WEB SITE, DOWNLOADING ANY MATERIALS FROM IT, OR FROM SUCH CAUSES AS COMPUTER VIRUSES, SOFTWARE OR HARDWARE MALFUNCTIONS, OR ANY OTHER ERRORS, PROBLEMS, FAILURES OR DELAYS IN COMPUTER OPERATION IN GENERAL OR IN NETWORK TRANSMISSION. IN NO EVENT SHALL WEST TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

Export
The web site and Content are solely intended for promoting services available in the United States and its territories. All information posted on this Web site is intended for the U.S. market only and will be interpreted under and governed solely by U.S. law. West makes no representation that Content on the web site is appropriate or available for use in other locations. If you access this site from a location outside the United States and its territories, you are responsible for complying with all applicable non-U.S. laws and regulations.

Termination
These Terms of Use are effective until terminated by either you or West. You may terminate these Terms of Use at any time by destroying all Content obtained from the web site and all related documentation and all copies thereof. The privileges granted to you by these Terms of Use will terminate immediately without notice from West, if in West’s sole discretion you violate any provision of these Terms of Use. Upon termination, you must destroy all Content obtained from the web site and all copies thereof. West may take such further action as West determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and West shall not be liable for any damages of any nature suffered by you or any third party resulting in whole or in part from West exercise of its rights under these Terms of Use.

Other Web Sites and Services
West makes no representations whatsoever about any other site that you may access through this one. You understand that all third-party Content posted on, transmitted through, or linked to the web site is the sole responsibility of the third-party originator of such Content. To the extent that the web site contains links to outside services and resources, West does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Further, any reference made by the web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation or favoring by West. You acknowledge and agree that West has no obligation to review any sites linked to the Web site and is not responsible in any way for the content of any linked sites. Your use of the web site to link to other sites is done at your own risk.

Other
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Fairfax County, Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. West’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Use must be filed within one (1) year of the date the cause of action arose.

Dated: October 2009