LEXIS®-NEXIS® GROUP TERMS AND CONDITIONS OF USE FOR THE LEXISONEsm WEB SITE
The lexisONEsm Web site, including all of its features (the "Web Site") is a service made available by LEXIS-NEXIS Group, a division of Reed Elsevier Inc. ("Provider") and all content including postings in the Loop lawyers forum ("Postings"), information and software provided on and through the Web Site ("Content") on this Web Site may be used solely under the following terms and conditions.
1. Web Site Limited License. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
2. Limitations on Use. The Content on this Web Site is for personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without Provider's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Site or its Content is prohibited.
3. Not Legal Advice. Content contained on or made available through the Web Site is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the Web Site or materials linked from the Web Site is at your own risk.
4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information see Copyright.
5. Digital Millennium Copyright Act Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Provider reserves the right to remove any Content that allegedly infringes another person's copyright. Notices to Provider regarding any alleged copyright infringement should be directed to the LEXIS-NEXIS General Counsel's Office at 9443 Springboro Pike, Miamisburg, Ohio 45342, 937-865-1214 Attn.: legalnotices@lexis-nexis.com.
6. Linking to the Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to legalnotices@lexis-nexis.com and (c) you discontinue providing links to this Site if requested by Provider. . If you wish to provide links to a section within the Web Site, you should forward your request to Provider at legalnotices@lexis-nexis.com and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.
7. License of Your Content to Provider. By uploading content to, submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider 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.
8. No Solicitation. Users shall not distribute on or through the Web Site any content or material containing any advertising, solicitation for goods, services or funds or solicitation for Users to become members of any enterprise or organization without the express written permission of the Provider. Notwithstanding the foregoing, Users a) may list along with their name, address and email address, their own web site's URL and b) may recommend third party Web sites, goods or services so long as they have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit any Users with data retrieved from this Web Site.
9. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.
10. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate, complete registration information. It is your responsibility to update your lexisONE account with any changes to that information. Each registration is for a single User only, unless specifically designated otherwise on the registration page. Provider does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing legalnotices@lexis-nexis.com.
11. Additional Terms Lawyers entering the Loop. The Loop is an online community offered for lawyers only on the Web Site. It is not intended to be a community where consumers seek legal advice and nothing therein should be construed as such. The Loop may include online discussion groups, bulletin boards, chat areas, seminars, forums, conferences, panels, mailing lists or other interactive services, events or space. While this Web Site may be accessed by anyone, the Loop is intended for use solely by attorneys ("Participants").
11.1. Lawyers Limited License to use the Loop. Participants are granted a nonexclusive, nontransferable, revocable, limited license to access and participate in the Loop solely for the purposes of interacting with other Participants regarding legal issues and current legal trends. Users who are not attorneys are not granted a license to access the Postings set forth in the Loop. Provider may terminate this limited license at any time for any reason.
11.2. Postings to be Lawful. Participants in the Loop or other interactive areas on this Web Site should not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material ("Postings") which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting at any time for any reason without permission from you.
11.3. Postings to be in Your Name. Your Postings should be accompanied by your real name and should not be posted anonymously. Participants shall not misrepresent their identity or their affiliation with any person or entity.
11.4. No Monitoring of Postings. Provider has no obligation nor does it intend to edit, monitor or screen Participants' Postings and is not responsible for the content in such Postings or any content linked to from such Postings. Notwithstanding the foregoing Provider reserves the right to monitor from time to time, some, all, or no community areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.
11.5. Non-Commercial Use Only of the Loop. The Loop is provided solely for your personal use. Participants shall not include in their Postings or otherwise distribute on the Loop any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for Participants to become members of any commercial enterprise or organization without the express written permission of the Provider. Any unauthorized use of the Loop, its Content or Postings is expressly prohibited.
11.6. Loop Moderators. To the extent these Terms of Use conflict with a particular term of an executed Moderator's Agreement, the Moderator's Agreement shall control that term.
12. Errors and Corrections. Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
13. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
14. DISCLAIMER. THIS WEB SITE IS PROVIDED ON AN "AS IS " BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.
15. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE AND THE LOOP OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH THE LOOP. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE, THE LOOP, OR THE CONTENT ON EITHER. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
16. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
17. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Web Site, or your violation of any rights of a third party.
18. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Provider's Web sites and their features.
19. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Ohio and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
20. Privacy. Your use of the Web Site is subject to Provider's Privacy Policy, available through this link.
21. Additional Terms. As a User, you will be able to access material on certain areas of the Web Site without going through a registration process. Your use of the case law, legal forms and other related legal materials ("LEXIS-NEXIS Services") is also governed by the General Terms and Conditions for Use of the LEXIS-NEXIS Services, and if applicable the Lexis-Nexis® Services Supplemental Terms for Specific Materials, (collectively the "LN Services Terms") which are provided during the registration process for these LEXIS-NEXIS Services, all of which are incorporated by reference herein. Your completion of the LEXIS-NEXIS Services registration process constitutes your acceptance of the LN Services Terms. If you do not agree with any LN Services Terms, you will not be permitted to access the LEXIS-NEXIS Services.
22. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Web Site, the Privacy Policy and the LN Services Terms constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
23. Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.