LexisNexis

Terms and Conditions of Use
June 1, 2005

YOUR USE OF THE LEXISNEXIS® POWERINVOICE SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

The LexisNexis PowerInvoice service, including all of its features and content (the "Service") is a service made available by LexisNexis, a division of RELX Inc. or its affiliates ("Provider") and all content and information provided on or through the Service ("Content") may be used solely under the following terms and conditions ("Terms of Use"). 

1. Limited License. As a user of the Service you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Service 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 available through the Service is only for use of the LexisNexis® subscriber to whom the authorized access ID was issued and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Service or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Service, this 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 Service. You may not use or otherwise export or re-export the Service, or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America . Any unauthorized use of the Service or the Content is prohibited.

3. DISCLAIMER. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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 THE SERVICE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THE UNAVAILABILITY OF THE SERVICE, THE CONTENT, OR ANY PORTION THEREOF, (C) YOUR USE OF THE SERVICE OR THE CONTENT, OR (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICE OR THE CONTENT. 

4. 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 SERVICE OR THE CONTENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE 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 SERVICE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00. 

5. Indemnification. You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, and agents from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. 

6. Third Party Rights. The provisions of paragraphs 3 (Disclaimer), 4 (Limitation of Liability), and 5 (Indemnification) are for the benefit of Provider and its officers, directors, employees and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 

7. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action Provider deems 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. 

8. Governing Law and Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of the State of Ohio, United States of America and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Ohio, United States of America and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. 

9. Severability of Provisions. These Terms of Use incorporate by reference any notices contained in the Service and constitute the entire agreement with respect to access to and use of the Service and the Content. 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.

10. 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 the Service and this web site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Your continued use of the Service after any such change constitutes your consent to such change.