5.2 Publications may be offered as one-time sales/licenses, subscriptions (either with or without auto-renewal), or subscriptions with multi-year offered multi-year pricing (“Multi-Year”) (either with or without auto-renewal at the end of the multi-year commitment). The following describes the types of subscriptions:
- (a) “S” Service Subscription -Price includes product and Updates published during the indicated service period (minimum 30 days) at no additional charge except tax, shipping and handling where applicable. Renewal options include:
- (i) “S/A” or “S/AR” Service Subscription with Automatic Renewal - If you select this option your subscription will be automatically renewed without any action on your part. Notification that the subscription is due to be renewed, and the price of renewal, will be sent to you 60 days prior to renewal (but if you are on a Multi-Year (see Clause 5.2(e)), you will be sent such a notice 60 days prior to the Renewal Term (see Clause 5.2(e)(i)) . Estimated prior-year prices and update frequency are shown with the description of each title.
- (ii) “S/N” or “S/AS” Service Subscription with Notification - Notification that the subscription is due to be renewed, and the price of renewal, will be sent to you 60 days prior to renewal. If you fail to act, your subscription will be canceled.
- (b) “N” Non-Service Subscription - Price includes product only, plus any Updates published within 30 days of purchase or as otherwise indicated. Subscription options include:
- (i) “NS/A” or “NS/AR” Non-Service Subscription with Automatic Renewal - If you select this option you will receive and be billed for future updates outside of the 30-day period without any action on your part. Estimated prior year prices and update frequency are shown with the description of each title. Non-Service Electronic Publications will be updated via automatic shipment to you, or by LN either pushing the Update to you electronically or notifying you than an Update is available for download.
- (ii) “NS/N” or “NS/AS” Non-Service Subscription with Notification - Notification that an update has been published, and the price of the update, will be sent to you. If you fail to act, you will not receive the update.
- (c) Additional pricing information for subscriptions:
- (i) Unless otherwise indicated, pricing (including any grand total, retail price, or other pricing, unless otherwise indicated) does not include tax or shipping and handling, which will be charged and due at the then current rates. Shipping and handling amounts will be invoiced separately and will be included in your final invoiced amount. If you have chosen a monthly billing option, shipping and handling charges will be prorated over the term of the subscription and billed accordingly.
- (ii) Advertised prices are subject to change without notice.
- (iii) By placing an order, you agree you have been advised of the number of Updates and the cost related to the Updates that were made to the Publications last year. Renewal and Update price estimates are based on prior year costs and do not reflect actual costs associated with future renewal and Updates, which will likely include an increase over prior year’s subscription price. The number of Updates and the upkeep costs may vary due to developments in the law and other publishing issues, but you may use this as a rough estimate of future shipments. You may call for Support at 800-833-9844 for additional information on Update frequency and price.
- (iv) Unless otherwise indicated, promotions (including but not limited to discounts and bundles) are not available for purchases for resale or redistribution. Resellers should ask their LN representative about any applicable promotions or discounts available for resale or redistribution.
- (v) Unless otherwise indicated, Resellers may not purchase service or subscription titles from LN.
- (d) General (Non-Multi-Year) Cancellation and Return Information:
- (i) You may cancel any subscription at any time by calling Customer Support at 800.833.9844; emailing customer.support@lexisnexis.com; or returning an invoice or notification marked “CANCEL.” If you cancel a Subscription on any component of a product bundle or multi-media subscription, you will not be eligible for any of the discounts offered in connection with such order. You will receive a supplemental invoice for the remaining components of the product bundle or multi-media subscription order at their list price.
- (ii) Shipments must be returned within 30 days of receipt, at your expense, for full credit of the advertised price, less shipping and handling fees and any other discount credits. All returns must be returned unused in the same condition as received. No credit or refund will be issued if returns are received in a damaged condition. Damaged condition includes highlights, inserted advertising materials, torn, worn, damaged covers or pages, attached security devices, or products that have otherwise been altered or defaced. A copy of the invoice and packing slip received with the shipment must be included with your return. A return shipping label is not provided. You can send your return to the following address:
Cenveo Hurlock
Attn LN Returns Dept
4810 Williamsburg Rd
Hurlock, MD 21643
- (iii) If you cancel a Service Subscription between 31 and 60 days after the invoice date and you return the product at your expense, you will receive a 5/6th credit of the price for the annual subscription. To receive any credit, you must return all product(s) shipped during the applicable subscription period at your expense within the applicable cancellation period listed above.
- (iv) If you return a Non-Service Subscription at your expense within 30 days of shipment, you will receive full credit for the purchase price. No credit will be given for returns more than 30 days after shipment. Return of a shipment, other than the initial purchase, will not cancel your subscription.
- (v) No credit will be given more than 60 days after the invoice date for shipments to the 48 contiguous United States. However, this period is expanded to 90 days after the invoice date for orders shipped to Canada, and 120 days after the invoice date for orders shipped to the Virgin Islands, Puerto Rico, Hawaii, Alaska, and Non-US shipments.
- (vi) All eBooks, CDs, downloadable content, and software purchases are non-cancellable, nonrefundable and nonreturnable. Additionally, notwithstanding anything to the contrary (other than Service or Non-Service Subscriptions), any items marked or identified at the time of sale as non-returnable, final sale, or the like, regardless of format, media, or type of purchaser (e.g., non-Reseller or Reseller), are non-cancellable, nonrefundable and nonreturnable.
- (vii) For any returns, a 20% restocking fee may be charged.
- (viii) If you are returning LN publications because you received them in a damaged or defective condition, please call Customer Support at 800.833.9844 within 30 days of receipt of the order.
- (ix) Domestic and International Resellers and Book Store Sales. In addition to the refund/return rights listed, the following rights also apply:
Bookstores may return overstock of new, unmarked, and undamaged books in the original packaging within 6 months of the date of the original invoice and receive a refund. A copy of the original invoice must be included with the return. Shipping and handling fees are not refundable, and additional shipping and handling fees must be paid on returns.
LN will not drop-ship to Resellers customers. LN will ship to Reseller under the Reseller’s existing carrier account. Reseller must clearly provide shipping instructions with their order or purchase order. These instructions must include the carrier name, account number, and weight ranges for Ground, Next Day, 2nd Day, and Freight.
Editions of Publications in print may be returned for a full refund within the earlier of (i) 6 months after purchase or (ii) 3 months of the new edition being released (the new edition being the one after the one to be returned). Print Publications returned outside of this time frame will be recycled or discarded without notification, and no credit or refund will be issued. LN will not send the returned merchandise back to the Reseller.
LN reserves the right to require preauthorization for returns and refunds if, in its sole determination, it believes a Reseller is not complying with or is abusing this return policy. For these accounts, any product returned without preauthorization will be immediately recycled or discarded by LN. LN has no obligation to either notify Reseller prior to any disposal or return any product regardless of dollar value or quantity. Reseller will not receive a credit for unauthorized returns, and will be responsible for paying any remaining balance due on their account for any returned product.
All returned materials must be received in undamaged and resalable condition at the Reseller’s cost. LN will not pay for return shipping.
- (e) Modification of Terms for Multi-Year- This Clause modifies the rest of 5.2 as it applies to Multi-Years, and will only apply if the Publication Service(s) you ordered were described as a Multi-Year, described as having an initial period of more than 12 months, or include a Multi-Year (such as the Digital Library & Multi-Year or the Multi-Year).
- (i) Notwithstanding anything to the contrary, you may not terminate this Agreement during the “Order Term” (e.g., the term of the Multi-Year before any auto-renewal periods begin) set forth in the ordering document (or online ordering system) for your subscription to the Publication Services (the “Order Form”) except as specifically provided in the Order Form or as set forth in this Clause 5.2(e). UPON EXPIRATION OF THE ORDER TERM, THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE-YEAR PERIODS (EACH A “RENEWAL TERM”) AT THE THEN-CURRENT LIST PRICES. The Order Term and any Renewal Terms will collectively be the “Term.” You may avoid entering into a Renewal Term by providing LN with at least 45 days prior written notice delivered to your LN account manager before the beginning of the next Renewal Term.
- (ii) During the Term, you may terminate this Agreement for a material breach by us that remains uncured for more than 30 days after we receive written notice from you identifying the specific breach.
- (iii) If this Agreement is properly terminated during a Term in which funds are due to LN, then LN will prorate annual commitment amounts for the affected Term with a date range of less than 11 months and one day. The proration basis shall be the number of full or partial months this Agreement is in effect divided by 12.
- (iv) If you have subscribed to a Multi-Year, you may only substitute or change the Publication Services once per subscription year (after the first year) upon 45 days prior written notice to LN to be effective as of the start of the next subscription year. If your total selections for such substitution or change would otherwise cause you to owe less, then you shall continue to pay the amount you were required to spend on the multi-year subscription you had subscribed to before the substitution or change. If your total selections for such substitution or change would otherwise cause you to owe more, then you shall also to pay the increased total amount over the amount you were required to spend on the multi-year subscription you had subscribed to before the substitution or change.
- (v) If you or your affiliates have another agreement with LN or its affiliates (“Other Agreement”) that require a certain level of spend per period on Publications (a “Retention Clause”), then, for clarity, after termination for any reason of this Agreement, that Retention Clause shall be in effect unchanged through the remainder of that Other Agreement.
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