Terms and conditions
LexisNexis Online Research Service E-Commerce Site Terms and Conditions for Online Legal Research Service (i.e., Lexis® or any successor or enhanced services)
1. Welcome. Welcome and thank you (“Subscriber” or “you”) for subscribing to the LexisNexis online research services offered to you through this LexisNexis, a division of RELX Inc. (“LN” or “we”) e-commerce site. We look forward to licensing to you the LexisNexis online legal research services (i.e., Lexis® or any successor or enhanced services collectively or separately the “Online Services”) upon your acceptance of these Online Research Service E- commerce terms and conditions. Your Order will indicate the pricing plan that you have selected, the length of your non-terminable subscription plan and the Online Services that you have selected.
This subscription agreement, depending upon the Online Services you select to license consists of these terms herein, the Order, the General Terms, and the Pricing Schedule When you click “I Accept”, then you are agreeing to these terms.
2. License. As explained in the General Terms, which you can find here (“General Terms”), and which are incorporated by reference, we are granting you a non-exclusive, non-transferable limited license to access and use the Online Services and the materials in the Online Services (“Materials”) subject to the General Terms and the Price Schedule, which you can find here (“Price Schedule”), which is incorporated by reference. The Price Scheduled is amended by the Order and is only applicable if you go outside the pricing plan set forth in your Order.
3. Eligibility. Subscriber acknowledges the pricing and content provided in this Agreement depend in part on the number of attorneys in Subscriber’s practice. Subscriber certifies that as of the date of the Order the total number of attorneys listed on the Order is true and accurate. LN reserves the right to audit and check to make sure that you are not part of a larger organization. If you or your law firm grows or merges into a larger entity, then we reserve the right to terminate your access to the Online Services immediately upon notice to you. Subscriber will immediately notify LN in writing in event of an increase in number of attorneys in Subscriber’s practice. If there is a change, LN may, in its sole discretion, on at least 30 days’ prior written notice to Subscriber, increase or decrease the Monthly Installment by an amount that does not exceed, on a percentage basis, the change in number of attorneys.
4. Term. The term of this Agreement is set forth in the Order (“Term”) and specifically amends Section 5.2 of the General Terms. So, you may not terminate this Agreement during Term. If indicated on the Order, upon the expiration of the Committed Term, this Agreement will automatically renew each year for additional 1-year periods (each a “Renewal Term”) and will increase at the rate indicated on the Order. The Committed Term and any Renewal Terms will collectively be the “Term.” Subscriber may not terminate this Agreement under 5.2 of the General Terms during the Committed Term or any Renewal Term, except as otherwise provided herein. Subscriber may avoid entering into a Renewal Term by providing LN with at least 30 days prior written notice delivered to Subscriber’s LN account manager before the beginning of the Renewal Term.
5. Payment. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO A MONTHLY PAYMENT SCHEDULE IN WHICH LN WILL AUTOMATICALLY DEDUCT THE PAYMENTS FROM YOUR CREDIT CARD. IF YOU DON’T WANT TO HAVE YOUR PAYMENTS AUTOMATICALLY DEDUCTED ON A MONTHLY BASIS FROM YOUR CREDIT CARD, THEN DO NOT AGREE TO THESE TERMS. If any charge the subject of a legitimate dispute remains unpaid for more than 75 days after becoming due, then LN reserves the right to require each remaining unpaid monthly payment for the Term to become immediately due and payable to LN. LN may temporarily suspend access to the Online Services until all unpaid amounts are paid in full. No claims directly or indirectly related to this Agreement with respect to amounts billed or payments made under this Agreement may be initiated by you more than 2 months after such amounts were first billed to Subscriber.
6.1 Except as provided in Section 6.4 below, any controversy, claim or counterclaim, arising out of or in connection with this Agreement will be resolved by binding arbitration through the American Arbitration Association (“AAA”) under this Section and the then-current AAA Commercial Rules, WITH THE EXCEPTION THAT ANY ARBITRATION WILL BE CONDUCTED AND RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT ON A CLASS-WIDE, MULTIPLE PLAINTIFF OR SIMILAR BASIS. In the event any court, arbitrator or panel of arbitrators rules that the foregoing limitation is invalid, then, arbitration shall not be available and is expressly precluded as a method of conducting and resolving disputes arising under this Agreement. The duty to arbitrate will extend to any employee, officer, agent or affiliate of either party. The arbitration will be held in the United States headquarters city of the party not initiating the claim, however the parties may choose to participate in person, by telephone or document submission. For all claims asserted against LN, arbitration will be conducted in the City of Dayton, Ohio. The arbitration will be conducted by a sole arbitrator. The arbitrator’s award will be final and binding and may be entered in any court having jurisdiction. The arbitrator will not have the power to award punitive or exemplary damages, or any damages excluded by, or in excess of, any damage limitations expressed in the Agreement. Disputed issues concerning the arbitrability of any particular claims or causes of action will be decided by a court of law, and not an arbitrator.
6.2 Each party will bear its own attorneys’ fees and other costs (e.g., filing fees, internal costs, etc.) associated with the arbitration, except that the fees assessed by the AAA for the services of the arbitrator will be divided equally by the parties. Issues subject to arbitration will be determined in accordance to and solely with the federal substantive and procedural laws relating to arbitration; in all other respects, the arbitrator will be obligated to apply and follow the substantive law of the state as specified in the Agreement and if none is specified, then the law of the state of Ohio.
6.3 In order to facilitate resolution of controversies or claims, the parties agree to keep negotiations, arbitrations and settlement terms confidential.
6.4 Claims and controversies involving the following will not be subject to arbitration and the parties agree to exclusive jurisdiction in federal or state courts located in Montgomery County, Ohio: (a) a violation of any of the proprietary rights of LN, including claims in equity or law to protect the intellectual property rights of LN or its third-party content providers; (b) failure to comply with restrictions on use of the Materials included in the Agreement; or (c) non-payment. LN retains at all times the right to obtain an injunction in court to prevent misuse of the LN Online Services and Materials contained therein and all other LN and LN affiliates’ products and services. If the Subscriber’s account, after default, is referred to an attorney or collection agency for non-payment, then Subscriber shall pay all reasonable expenses incurred by LN in such collection efforts including, but not limited to, collection agency fees, court costs, and reasonable attorneys’ fees.
7. Miscellaneous. Notwithstanding anything to the contrary set forth this Amendment will be governed by and construed in accordance with the laws of the State of Ohio regardless of the law that might otherwise apply under applicable principles of conflicts of law.