Print & CD Service Center

MATERIAL TERMS FOR PRINT SUBSCRIPTIONS

Automatic Renewals of Annual Subscriptions work like this:

Subscriptions are automatically renewed without any action on the subscriber's part, and you will be invoiced on or about the annual renewal date.

The individual or entity (collectively "Subscribers") will receive the product(s) listed on the Order Form and any supplementation, releases, replacement volumes, new editions and revisions to a publication ("Updates") made available during the annual subscription period, included in the annual price. Shipping and handling fees are not included in the annual price.

Under the automatic renewal option, at least 60 days before each renewal date, Subscribers will receive a renewal notice, which will include the cost of the next annual subscription. The renewal price will likely include an increase over the prior year's subscription price.

Subscribers are advised of the number of Updates and the cost related to the Updates that were made to the particular publication the prior year. The number of Updates and the cost may vary due to developments in the law and other publishing issues, but Subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.

Subscribers may cancel their subscription for the current or any future subscription year by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or, for any automatic renewal period, returning the renewal notice marked "CANCEL". If Subscribers fail to cancel any automatic renewal within 60 days after the date of the renewal notice, then Subscribers are invoiced for such annual subscription renewal year and will receive all Updates for such period.*

If the initial or any renewal subscription is cancelled within 30 days after the invoice date, then Subscribers will receive full credit of the price for the applicable subscription period. If Subscribers cancel between 31 and 60 days after the invoice date, then Subscribers will receive a 5/6th credit of the Grand Total for the applicable subscription period. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, Subscribers must return all product(s) shipped during the applicable subscription period at their expense within the applicable cancellation period listed above.

Service Subscription for One Year Only

Subscribers will receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.

Subscribers are advised of the number of Updates and the cost related to the Updates that were made to the particular publication the prior year. The number of Updates and the cost may vary due to developments in the law and other publishing issues, but Subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.

Subscribers may cancel their subscription(s) by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked "CANCEL".

If Subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.

If Subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, Subscribers must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.

Non-Service Subscription with Automatic Update Shipments work like this:

If Subscribers selects the Automatic Shipment Subscription Program, they will receive and be billed for future Updates without any action on their part.

The total price includes the product(s) listed in the Order Form and any Updates for a limited period (minimum period of 30 days) after the order is placed ("Order Window"). Shipping and handling fees are not included in the grand total price.

After the Order Window, all Updates will be automatically shipped to Subscribers with an invoice at the then-current grand total price on a semi annual or annual basis as the Updates become available. Subscribers can expect a price increase over the current retail price. The retail price does not and will not include shipping and handling.

Subscribers are advised of the number of Updates and the cost related to the Updates that were made to the particular publication the prior year. The number of Updates and the cost may vary due to developments in the law and other publishing issues, but Subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information on update frequency and price.

All shipments may be returned, at Subscribers' expense, for full credit of the grand total price within 30 days of receipt.

Shipments may not be returned, and no credits will be issued, more than 30 days after receipt. Return of a shipment, other than the initial purchase, will not cancel Subscribers' subscription. Subscribers' enrollment in the Automatic Subscription Program may be cancelled anytime by: returning the invoice marked "CANCEL SUBSCRIPTION"; calling Customer Support at 800-833-9844; or emailing customer.support@lexisnexis.com.

Non-Service Subscription without Automatic Update Shipments

The total price includes the product(s) listed in the Order Form and any Updates for a limited period (minimum period of 30 days) after the order is placed ("Order Window"). Shipping and handling fees are not included in the grand total price.

All shipments may be returned, at Subscribers' expense, for full credit of the price within 30 days of receipt. Shipments may not be returned, and no credits will be issued, more than 30 days after receipt.

After the Order Window, Subscribers will receive notice of Updates along with the then-current grand total price and order process as Updates become available. Subscribers will only be shipped those Updates they specifically request.

*See Additional Terms for international and book store orders.



ADDITIONAL TERMS AND CONDITIONS

  1. Entire Agreement. The Material Terms and Additional Terms and Conditions set forth herein together with any click-through terms and conditions are incorporated by reference and constitute the entire agreement (the "Master Agreement") between Subscribers and LexisNexis, a division of Reed Elsevier Inc or any affiliated company identified herein, each a member of the LexisNexis® group of companies" ("we" or "us") with respect to the applicable "Legal Research Service" and supersedes all prior understandings and agreements, oral, written or otherwise. If we accept a purchase order ("PO") for any Legal Research Service, then the terms and conditions of your PO will not apply or become part of this Master Agreement.
  2. Definitions. In addition to the definitions set forth in the Material Terms, the following definitions will also apply: "Product Bundles/Multi Media Discounts" means subscriptions (whether Service or Non-Service Subscriptions) which are discounted in combination with other products. If Subscribers cancel a Service Subscription pursuant to this Section 2 on any component of a Product Bundle or Multi Media Subscription, then Subscribers will not be eligible for any of the discounts offered in connection with such order. Subscribers will receive a supplemental invoice for the remaining components of the Product Bundle or Multi Media order at the list price.

    "Returned Materials" All publications, CD-ROM discs and software must be returned unused in the same condition as received.

  3. Payment Options. Orders accompanied by full payment may be entitled to a discount. Subscription Service orders may be paid in full within 25 days from the date of Subscribers' monthly statement or in equal monthly installments based on the subscription term. If payments are made in equal monthly installments, then LN or the applicable affiliated company will maintain a purchase money security interest in the product or publication until such time the outstanding charges are paid in full. All other invoices must be paid in full within 25 days from the date of Subscribers' monthly statement.
  4. Late Charges. Overdue amounts will be assessed a late payment charge that will be compounded at a monthly rate of 1.167% or the maximum provided by law, whichever is less. There is a minimum late payment charge of ten dollars ($10.00).
  5. Shipping and Handling. The prices listed in the Order Form do not include fees for shipping and handling. These amounts will be invoiced separately and will be included in your final invoiced amount. If Subscribers selected the monthly billing option, these charges will be prorated over the term of the subscription and billed accordingly.
  6. Warranties/Exclusive Remedies for Publications. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO PUBLICATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING. WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR CURRENTNESS OF THE MATERIALS CONTAINED IN THE PUBLICATIONS. WITH RESPECT TO A PUBLICATION, WE WARRANT IT WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 30 DAYS FROM RECEIPT. SUBSCRIBERS' EXCLUSIVE REMEDY AND OUR SOLE OBLIGATION WITH RESPECT TO A DEFECTIVE PUBLICATION SHALL BE THE RIGHT TO RETURN THE DEFECTIVE PUBLICATION FOR A REPLACEMENT COPY AT NO ADDITIONAL CHARGE.
  7. Limitation of Liability for Publications and Software. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR FOR LOSS OF PROFITS, REVENUE, OR DATA; WHETHER IN AN ACTION IN CONTRACT, TORT. PRODUCT LIABILITY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WITH RESPECT TO ANY PUBLICATION OR SOFTWARE. OUR ENTIRE LIABILITY TO SUBSCRIBER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS MASTER AGREEMENT OR ORDER FORM OR RELATING TO ANY LEGAL RESEARCH SERVICE, SUBSCRIBERS SHALL BE LIMITED TO THEIR ACTUAL DIRECT DAMAGES NOT TO EXCEED THE TOTAL AMOUNT SUBSCRIBERS PAID TO US FOR THE LEGAL RESEARCH SERVICE THAT GAVE RISE TO THE CLAIM IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
  8. Credit Investigation. Subscribers hereby authorize us to make whatever credit investigation we deem appropriate in order to provide you with a Legal Research Service.
  9. Default. We reserve the right to discontinue any or all of your Legal Research Service(s) if Subscribers breach any of their obligations under the Master Agreement.
  10. Collection Costs. In the event Subscribers fail to pay any amount when due, we reserve the right to terminate the Legal Research Service(s) and retain all sums paid by Subscribers. In addition, Subscribers are responsible for all collection costs incurred by us including, but not limited to, collection agency fees, reasonable attorneys' fees and court costs. At our option, the entire amount due shall become due and payable upon Subscribers' breach of any term, provision or condition of the Master Agreement. We retain a purchase money security interest in all publications and supplements until paid in full by Subscribers.
  11. Title/Expiration Period for CD-ROM Discs. We and our licensors retain outright ownership of all CD-ROM discs. We do not require return of the CD-ROM discs delivered to Subscribers either at the end of the subscription period covering the CD-ROM discs or upon receipt by Subscribers of replacement CD-ROM discs. Consequently, Subscribers will not be able to access CD-ROM discs after their expiration date. After the expiration date of a CD-ROM or upon receipt of an updated CD-ROM, Subscribers will cease use of and destroy the previous or outdated CD-ROM.
  12. Assignment. Subscribers may not assign or transfer any Legal Research Service or the Master Agreement or any of your rights or obligations under any of the foregoing without our prior written consent, which consent will not be unreasonably withheld.
  13. CD-ROM and bender.com Master Agreements. In the event of a conflict between the Master Agreement and the terms and conditions of any CD-ROM, then the terms and conditions of the Master Agreement shall control for the CD-ROM Legal Research Service. In the event of a conflict between the Master Agreement and any terms and conditions contained in bender.com, then the terms and conditions of the Master Agreement shall control for the bender.com Legal Research Service.
  14. Changes to the Agreement. From time to time immediately upon notice to Subscribers, we may amend the existing terms and conditions of the Master Agreement. Changes to charges and payment terms may be made only upon 30 days' prior written notice to Subscribers. The Master Agreement may be immediately terminated by Subscribers upon notice to us if any such change is unacceptable to Subscribers. Subscribers' continued use of the Legal Research Service following notice to Subscribers of a change shall constitute acceptance of the respective change, but will not affect Subscribers' foregoing termination rights. For termination under this Section 14 to be effective, it must be provided to us in writing within 90 days of the effective date of the change.
  15. International and Book Store Sales. In addition to the refund/return rights listed in the Materials Terms the following rights also apply:

Legal Education Sales Bookstores

Bookstores may return overstock of new, unmarked, and undamaged books at any time during the life of the current edition. For old editions, bookstores have 12 months from the publication date of a new edition to return overstock of new, unmarked, and undamaged copies of the prior edition.

Canada - Full credit of the original price will be provided within 90 days of invoice date.

International, Virgin Islands, Puerto Rico, Hawaii, and Alaska - Full credit will be provided within 120 days of invoice date.