Terms & Conditions of Use for this Web Site
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This web site, including all of its features and content (this "Web Site") is a service made available by LexisNexis Risk Solutions (“LN”) or its affiliates (collectively, the "Providers" and each, individually, a “Provider”) and all content and information provided on or through this Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use"). Use of any product, service or software is subject to the terms & conditions of your services agreement with LN, as the case may be.
  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 this Web Site and Content in accordance with these Terms of Use. LN, as the operator of the Web Site, may bar, restrict or suspend any user’s access to the Web Site or terminate this license at any time for any reason.
  2. Limitations on Use; Third Party Communications and Web Sites.
    1. Limitations on Use. The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing and 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 this 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, individual identities or users. You must retain all copyright and other proprietary notices contained on the materials delivered herein. The content of the Site cannot be used, posted, sold, transmitted, distributed, modified or transferred for public or commercial purposes, without the prior written permission of Providers. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Providers’ prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site 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 this Web Site or its Content is prohibited.
    2. Third Party Communications, Web Sites and Content. Providers disclaim all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Providers assume no responsibility for verifying, and make no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Web Site. Providers make no representations whatsoever about any other web sites, which may be accessed through this Web Site. Any such non-Provider web sites are independent of Providers and Providers have no control over the content on such web site. In addition, a link to a non-Provider web site does not constitute an endorsement of such web site by Providers or an acceptance of responsibility by Providers for the content, or the use, of such web site. Third party content (including, without limitation, Postings) may appear on this Web Site or may be accessible via links from this Web Site. Providers shall not be responsible for and assumes no liability for any infringement, 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 this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Providers. Further, information and opinions provided by employees and agents of Providers not necessarily endorsed by Providers and do not necessarily represent the beliefs and opinions of Providers.
  3. Not Legal or Medical Advice. Content 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 Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk and is subject to all applicable local, state, national and international laws and regulations.
  4. Intellectual Property Rights.
    1. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The trademarks, logos, and service marks (collectively the "Marks") appearing on this Web Site are registered and unregistered Marks of LN and others. Use of this Web Site and the information contained in no way constitutes the granting by LN of any license or right to use any Marks displayed on this Web Site. You are strictly prohibited from using the Marks displayed on this Web Site or any other content on this Web Site, except as provided in these Legal Notices. RELX Group and the RE symbol are trade marks of RELX Intellectual Properties SA, used under license.
    2. You grant to Providers an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any text, graphics, messages, links, data, information and other materials you submit (collectively, "Postings") to this Web Site. Said license is without restrictions of any kind and without any payment due from Providers to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
    3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Providers a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you in section 4.2 of these Terms of Use and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right.
    4. You acknowledge and agree that your submitting Postings to this Web Site does not create any new or alter any existing relationship between you and LN.
    5. By submitting Postings to this Web Site, you acknowledge and agree that Providers may create on their own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Providers for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings you provide to Providers.
    6. LN shall have the exclusive option to purchase from you and acquire all right, title and interest in any Postings containing patentable subject-matter that you submit to this Web Site. The option shall be exercisable by LN from the date you submit such Posting until one year from that date. If LN exercises its option under this section 4.6, you agree to accept payment in the amount of $1,000.00 USD or value in kind at LN's discretion as full and sufficient consideration for such purchase, and you agree to execute, acknowledge and deliver any and all instruments required to transfer legal ownership of Postings to LN. Such instruments include, but are not limited to, assignments and declarations executed by you.
  5. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. LN 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. LN reserves the right to remove any Content that allegedly infringes another person's copyright. LN will terminate, in appropriate circumstances, subscribers and account holders of LN's system or network who are repeat infringers of another person's copyright. Notices to LN regarding any alleged copyright infringement should be directed to the LexisNexis Chief Legal Officer via mail or courier at 1000 Alderman Drive, Alpharetta, GA 30005 or via fax at 678-694-5939.
  6. Linking to this Web Site. You may provide links to this Web Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Web Site, including any advertisements, terms of use, copyright notice, and other notices on this Web Site, (b) you may not use the Providers’ trademarks or logos and shall not suggest that LN promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information, (c) you immediately deactivate and discontinue providing links to this Web Site if requested by LN, and (d) LN may deactivate any link(s) at the discretion of the Providers.
  7. No Solicitation. You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Providers.
  8. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Providers will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
  9. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Providers of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Providers do not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify LN immediately via mail or courier directed to the LexisNexis Chief Legal Officer at 1000 Alderman Drive, Alpharetta, GA 30005 or via fax at 678-694-5939.
  10. Click-Through Agreements. Before using certain areas of the Web Site you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the terms of the Click-Through Agreement will govern.
  11. Errors and Corrections. Providers do not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Providers do not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Providers shall not be obligated to correct or update the Web Site, Content or Postings and the Providers shall not be liable for omissions or out-of-date information which may appear on the Web Site. Providers may make improvements and/or changes to its features, functionality or Content or Postings at any time.
  12. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you.
  13. DISCLAIMER. THIS WEB SITE, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDERS DISCLAIM 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, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) 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, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE CONTENT, OR THE POSTINGS. PROVIDERS ALSO ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM OR RELATED TO ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE.
  14. LIMITATION OF LIABILITY. PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF ANY THIRD PARTY COMMUNICATIONS. PROVIDERS 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 THIS WEB SITE, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND PROVIDERS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. In the event you are dissatisfied with, or dispute, these Terms of Use, the Web Site and/or the Content, your sole right and exclusive remedy is to terminate your use of the Web Site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the Providers have no other obligation, liability or responsibility to you or any other party.
  15. Indemnification. You agree to indemnify, defend and hold LN, and each of their respective officers, directors, trustees, subsidiaries, employees, agents, licensors, suppliers, advertisers, promotional partners, licensors and any third party information providers to this Web Site harmless from and against all claims, losses, expenses, damages (actual and consequential) and costs, including reasonable attorneys' fees, resulting from your use of the Web Site and/or Content, any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you.
  16. Third Party Rights. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of LN, and each of their respective officers, directors, trustees, employees, agents, licensors, suppliers, and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  17. Unlawful Activity; Termination of Access. Providers reserve 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.
  18. Remedies for Violations. Providers reserve 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 this Web Site and any other LN 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 Georgia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Georgia 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 this Web Site is subject to the Privacy Policy.
  21. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Web Site including the Privacy Policy, and constitute the entire agreement with respect to access to and use of this Web Site, and the Content and Postings. 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. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with a Provider that applies to your use of any of that Provider's Content, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Content subject thereto (the "Otherwise Covered Content"), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.
  22. Modifications to Terms of Use. Providers reserve 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 this Web Site after any such changes constitutes your consent to such changes.
  23. Complete Agreement. These Terms of Use, together with any revisions, any additional terms and conditions incorporated by reference, and any Click-Through Agreement, constitutes the entire agreement between you and the Providers relating to the Website and its use by you, and supersedes any previous written or oral communication regarding use of the Web Site.
  24. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Web Site, please visit LN at verifyhcp@lexisnexisrisk.com .
  25. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Web Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
  26. Use of Web Site and Content outside of the United States. Providers make no claims regarding access or use of the Web Site or the Content outside of the United States. If you use or access the Web Site or the Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.