The following End User License Agreement applies to your use of the LexisNexis Police Reports services if you (or your organization) do not have a valid non-expired written agreement (“Agreement”) directly with LexisNexis. If you (or your organization) have an Agreement with LexisNexis the terms and conditions of that Agreement shall control over the terms of this End User License Agreement.
LEXISNEXIS® POLICE REPORTS
END USER LICENSE AGREEMENT
IMPORTANT : READ CAREFULLY – This LexisNexis Police Reports End User License Agreement (“EULA”) is a binding contract between you as an individual user or on behalf of the entity you represent (collectively “User”) and LexisNexis Claims Solutions Inc., on behalf of itself and its affiliates (“LN”). As used herein, the term “User” shall only include those individuals and entities permitted in Section 1 hereunder who are permitted to use the LexisNexis Police Reports services including information provided as part or delivered to Users through use of the LexisNexis Police Reports services (collectively the “Services”) pursuant to this EULA.
BY CLICKING THE BOX LABELED “I ACCEPT THE LICENSE AGREEMENT”, OR BY USING THESE SERVICES, USER ACCEPTS AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EULA AND/OR YOU WARRANT THAT YOU ARE AUTHORIZED BY USER TO BIND USER AND ACT ON USER’S BEHALF WITH RESPECT TO THIS EULA. If User does not agree to the terms of this EULA, User may not use the Services. LN reserves all rights not expressly granted to User in this EULA. Note that this EULA may be amended or modified by LN at any time without advanced notice.
Authorized User(s). Only the following User(s) are permitted to obtain copies of reports provided through the Services: (i) you (or your company) are directly involved in the accident or incident; (ii) you (or your company) are the legal representative of one of the parties directly involved in the accident or incident; (iii) you are an authorized representative of the insurance carrier for one of the parties involved in the accident or incident; and / or (iv) you are permitted access to the specified report under the laws of the jurisdiction where the accident or incident report was created. Use of the Services by anyone who is not an authorized party pursuant to this section is strictly prohibited.
Grant and Scope of License. LN grants User, a limited, non-exclusive, non-transferable right to use the Services in the United States and any documentation supporting the use of the Services (the “Documentation”), provided that User complies with all of the terms and conditions of this EULA, and does so in strict accordance with the following conditions: (i) User shall use the Services solely for User’s own individual or applicable internal business purposes in connection with a specific information request relating to its business, and as otherwise governed by the Agreement and permitted by relevant law, and not for providing service bureau, timesharing, data processing, commercial solicitation, or other similar purposes or providing similar services to third parties; (ii) User shall not use the Services to evaluate or scan data of or for third parties, and such evaluation and/or scanning is expressly prohibited; (iii) User shall not reveal any links, user accounts, or passwords for the Services to third parties (other than to agents of User that have been pre-authorized in writing by LN and who have a need to know such information); (iv) User shall not use the Services to create a product or service that would compete with the Services; (v) User acknowledges and agrees that it is not permitted to and that it shall not use the Services or the information accessed or contained in connection therewith, in whole or in part, for the purpose of serving as a factor in establishing a consumer’s eligibility for credit or insurance, employment purposes, or for any other eligibility purpose(s) authorized under section 604 of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) (“FCRA”) or similar state statute; (vi) User shall use the Services in accordance with the requirements of all applicable laws and regulations; and (vii) if User is an individual User, User shall not obtain more than three (3) reports over the lifetime of the account or if User is an entity User shall not obtain more than ten (10) reports per month or one hundred (100) reports over the lifetime of the account without obtaining an additional license from LN. User agrees not to modify, adapt, reproduce, distribute, resell, retransmit, merge with any other program, prepare derivative works based on, demonstrate, translate, or reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services, except User may install or access the Services and/or Documentation on or from User’s computer hard drives (including network or server computers) only as needed to exercise the license rights granted herein may make one (1) backup copy of each report provided by the Services. Use of the Services for any other purpose is strictly prohibited.
User Responsibilities. User represents and warrants that is has the right to use the Services in all manners and purposes for which it uses or accesses the Services, and subject to all applicable laws and regulations. User shall be liable for its agent’s breach of this EULA as if such breach had been committed by User. User agrees not to upload or transmit through the Services any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of the Services or its end-users. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Services is strictly prohibited and may result in penalties or criminal charges. User agrees that it will not use any “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, scrape, or monitor any portion of the Services or Content. User agrees not to in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials or information through any means not purposefully made available through the Services. User agrees that it will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any person’s authorized use of the Services. User agrees that it will not attempt to gain unauthorized access to any portions of this Services, other accounts, computer systems or networks connected to any of LN’s equipment and/or servers through hacking, password mining or other means. User agrees that it will not obtain or attempt to obtain, materials or information through any means not intentionally made available through this Services.
Information Provided by User.
. In addition, LN may disclose User Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this EULA; (c) respond to claims that any of the Services violates the rights of third-parties; or (d) protect our rights, property, or personal safety, Services users, or the public.
DPPA Data. In the event some of the information contained in the Services is “personal information,” from a motor vehicle record obtained by LN from state Departments of Motor Vehicles as those terms are defined by the Federal Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) (the “DPPA”), and its state analogues (collectively, “DMV Data”) and User is required to comply with the DPPA, as applicable. User shall not obtain and/or use DMV Data through the Services in any manner that would violate the DPPA. User acknowledges and agrees that it may be required to certify its permissible use of DPPA or DMV Data at the time it requests information in connection with certain Services and will recertify upon request by LN. For uses of DPPA or DMV Data User shall maintain for a period of five (5) years complete and accurate records (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data.
Term, Termination, Payment, and Account Inactivation. This EULA shall become effective upon the earlier of User’s acceptance of this EULA or LN’s grant of access to the Services. User shall be responsible for all fees associated with accessing the Services or purchasing applicable reports. LN may terminate this EULA and/or all access to the Services immediately and without notice: (i) for User’s non-payment; (ii) if LN has a reasonable basis to believe that User or any of its employees or agents have used or will use the Services in violation of the terms of this EULA or have committed or will commit hostile network attacks or other improper activities; (iii) if any interest in User is sold, transferred, pledged or encumbered to any entity engaged in the manufacture, distribution, marketing or sale of Services or services that compete with those sold by LN; or (iv) User meets or exceeds the total number of report purchases permitted herein. Either party may terminate this EULA at any time, with or without cause, upon prior written notice to the other party. Upon termination, User shall immediately cease using the Services and shall dispose of all copies of any Documentation and any other materials received from LN by either returning same to LN or erasing, purging or destroying same.
Proprietary Rights. The Services are licensed not sold to User pursuant to the terms of this EULA. This EULA does not transfer ownership of the Services, the Documentation or any copy thereof, or any other intellectual property rights of LN. LN shall retain all right, title and interest in and to the Services, the Documentation and any copies thereof furnished to User or otherwise made by User hereunder, and all intellectual property embodied therein, including all rights and benefits afforded under United States copyright, patent, or trade secret law and international treaties. User shall use the Services consistently with LN’s right, title and interest therein, shall promptly notify LN of any threatened or actual infringement thereof, and shall cooperate without charge (provided that LN will reimburse out of pocket expenses) in LN’s efforts to protect its rights therein. User shall not remove or obscure any trademarks, copyright notices or other notices contained on materials accessed through the Services.
Security. User acknowledges that the information available through the Services may include personally identifiable information and it is User’s obligation to keep all such accessed information confidential and secure. Accordingly, User on behalf of itself and any of its employees (as applicable) shall (a) restrict access to Services to those employees who have a need to know as part of their official duties; (b) ensure that User nor its employees shall (i) obtain and/or use any information from the Services for personal reasons, or (ii) transfer any information received through the Services to any party except as permitted hereunder; (c) keep all user identification numbers, and related passwords, or other security measures (collectively, “User IDs”) confidential and prohibit the sharing of User IDs; (d) immediately deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations hereunder, take all commercially reasonable measures to prevent unauthorized access to, or use of, the Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through Services as it is being disposed; (g) purge all information received through the Services within ninety (90) days of initial receipt; provided that User may extend such period if and solely to the extent such information is retained thereafter in archival form to provide documentary support required for User’s legal or regulatory compliance efforts; (h) be capable of receiving the Services where the same are provided utilizing “secure socket layer,” or such other means of secure transmission as is deemed reasonable by LN; (i) not access and/or use the Services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine applications approved by LN; (j) take all steps to protect their networks and computer environments, or those used to access the Services, from compromise; (k) on at least a quarterly basis, review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein; and (l) maintain policies and procedures to prevent unauthorized use of User IDs and the Services.
Security Event. In the event User learns or has reason to believe that User IDs, the Services, or any information related thereto have been misused, disclosed, or accessed in an unauthorized manner or by an unauthorized person or contrary to any terms of this EULA (a “User Security Event”) User shall provide immediate written notice to the Information Security and Compliance Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005; or via email to (firstname.lastname@example.org); or by phone at (1-888-872-5375) with a written notification to follow within twenty four (24) hours. Additionally User shall promptly investigate the situation and obtain written consent from LN, not to be unreasonably withheld, prior to disclosing LN or the Services to any third party in connection with the User Security Event. If required by law, or in LN’s discretion, User shall notify the individuals whose information was disclosed that a User Security Event has occurred and be responsible for all legal and regulatory obligations including any associated costs which may arise in connection with the User Security Event. User shall remain solely liable for all costs and claims that may arise from the User Security Event, including, but not limited to: litigation (including attorney’s fees); reimbursement sought by individuals (including costs for credit monitoring and other losses alleged to be in connection with such User Security Event) and provide all proposed third party notification materials to LN for review and approval prior to distribution. In the event of a User Security Event, LN may, in its sole discretion, take immediate action, including suspension or termination of User’s account, without further obligation or liability of any kind.
Inspection; Records. User understands and agrees that in order to ensure compliance with applicable law and LN policies, LN may conduct periodic audits of User activity and may contact User to provide documentation regarding usage and executed searches. LN also investigates reports of abuse or misuse by User, and User agrees to cooperate fully with any and all audits and/or investigations. When necessary in LN’s determination, subject to reasonable advance notification, User agrees to permit LN to enter the premises of User and/or its agents for LN to inspect records, reports and the use of the Services(s) during regular business hours to verify compliance with the terms of this EULA. User agrees to permit LN to review User’s account(s), links and passwords to verify compliance with the terms of this EULA. Violations discovered in any review by LN will be subject to immediate action including, but not limited to, immediate suspension of User’s access to data and/or termination of this EULA. If LN determines that User is in violation of the terms of this EULA, User shall reimburse LN for all costs incurred in connection with the inspection(s). Notwithstanding the foregoing, LN shall (i) retain all other remedies available to it under this EULA, or at law or in equity, and (ii) be permitted at any time to review by remote access User’s accounts, links and passwords to verify compliance with the terms of this EULA.
With respect to personally identifiable information regarding consumers, LN has adopted the "LN Privacy Principles" ("Principles") recognizing the importance of appropriate privacy protections for consumer data and User agrees that User (including its directors, officers, employees and agents) will comply with the Principles or User’s own comparable privacy principles, policies, or practices. LN’s Privacy Principles are available at http://www.lexisnexis.com/privacy/data-privacy-principles.aspx
. User shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information it receives from LN, to protect the personal information from unauthorized access, destruction, use, modification or disclosure.
Downtimes. User acknowledges and agrees that from time to time access to the Services may be unavailable or inoperable for various reasons, including but not limited to periodic maintenance procedures or repairs which LN may undertake from time to time, equipment malfunctions, or other causes beyond the control of LN or which are not reasonably foreseeable by LN, including but not limited to interruption or failure of telecommunication or digital transmission links, network congestion, or other failures (collectively “Downtimes”). Downtimes may also result from suspension by LN, in its sole discretion and without notice, of access to data files and/or the Services due to actual or suspected hostile network attacks or other improper activities.
Performance. LN will use commercially reasonable efforts to deliver the Services requested by User subject to the terms of this EULA. User understands that User may be restricted from accessing certain Services which may be otherwise available. LN reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of the Services. Due to the nature of public record information, the public records and commercially available data sources used in the Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified.
Disclaimer Of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LN AND ITS DISTRIBUTORS AND RELEVANT DATA SUPPLIERS DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY (WHETHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR THE CORRECTNESS, COMPLETENESS OR CURRENTNESS OF ANY DATA OR RESULTS, WITH RESPECT TO THE SERVICES OR DOCUMENTATION, ALL OF WHICH ARE BEING PROVIDED ON AN “AS IS” BASIS. ANY STATEMENTS REGARDING THE MADE BY A DISTRIBUTOR OR OTHER THIRD PARTY ARE NOT WARRANTIES AND CANNOT BE RELIED UPON BY USER. THE ENTIRE RISK ARISING OUT OF USE OF THE SERVICES REMAINS WITH THE USER.
Limitation of Liability. User agrees that LN's aggregate liability for any and all losses or injuries arising out of any act or omission of LN in connection with anything to be done or furnished under this EULA, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed One Hundred Dollars ($100.00); and User covenants and promises that it will not sue LN for an amount greater than such sum even if User and/or third-parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against LN. IN NO EVENT SHALL LN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY USER FROM RECEIPT OR USE OF INFORMATION DELIVERED HEREUNDER OR THE UNAVAILABILITY THEREOF.
Indemnification. User hereby agrees to protect, indemnify, defend, and hold harmless LN, its affiliates, its subsidiaries, officers, directors, employees, representatives, data suppliers, and distributors from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to (a) use of Services and any information received by User furnished by or through LN; (b) breach of any terms, conditions, representations or certifications in this EULA; and (c) any Security Event.
Arbitration. Other than claims and controversies involving any (i) violation of any of the proprietary rights of LN, including claims in equity or law to protect the intellectually property rights of LNs or any of its third party providers, or (ii) failure to comply with restrictions on use of the Services herein; any controversy, claim or counterclaim, arising out of or in connection with this EULA will be resolved by binding arbitration under this Section and the then-current American Arbitration Association (“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 EULA. The duty to arbitrate will extend to any employee, officer, agent or affiliate of either party. The arbitration will be conducted by a sole arbitrator who is knowledgeable with respect to the electronic information services industry and is an attorney. 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 this EULA. Each party will bear its own attorneys’ fees and other costs 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. If court proceedings to stay litigation or compel arbitration are necessary, the party who unsuccessfully opposes such proceedings will pay all associated costs, expenses and attorneys’ fees which are reasonably incurred by the other party. Issues of arbitrability will be determined in accordance 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 this EULA.
Employee Training. User shall train new employees prior to allowing access to Services on all User’s obligations under this EULA. User shall conduct a similar review of its obligations under this EULA with existing employees who have access to Services no less than annually. User shall keep records of such training.
Assignment. Neither this EULA nor the license granted herein may be assigned by User, in whole or in part, without the prior written consent of LN. An assignment includes without limitation the dissolution, merger, consolidation, reorganization, sale or other transfer of assets, properties, or controlling interest of twenty percent (20%) or more of User. Any assignment without the prior written consent of LN shall be void.
Survival. Those provisions of this EULA that by their terms, nature or sense survive any termination or expiration of this EULA shall so survive in accordance with their terms, including but not limited to provisions related to intellectual property ownership and proprietary rights, limitations of liability, payment for product or services, disclaimer of warranties, and nondisclosure of confidential information.
Promotional release. User shall not name LN or refer to the use of the Services or other LN products or services in any publication, news release, advertisement, or promotional or marketing materials without LN’s prior written consent.
Commercial Items and Export Restrictions. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED. User acknowledges that the Services are of U.S. origin and subject to U.S. export jurisdiction. Any export and/or use of Services outside of the United States of America, and compliance with corresponding laws, Nation State regulations, taxes, and tariffs, are the sole responsibility of the User. User acknowledges that LN is subject to economic sanctions laws, including but not limited to those enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union, and the United Kingdom. Accordingly, User shall comply with all economic sanctions laws of the United States, the European Union, and the United Kingdom. User shall not provide access to the Services to any individuals identified on OFAC’s list of Specially Designated Nationals (“SDN List”), the UK’s HM Treasury’s Consolidated List of Sanctions Targets, or the EU’s Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions. User shall not take any action which would place LN in a position of non-compliance with any such economic sanctions laws.
Governing Law. The laws of the State of Georgia, excluding its conflicts of law rules, govern this EULA and User’s use of any materials, reports, or the Service. User’s use of any materials or reports provided by the Service may also be subject to other local, state, national, or international laws.
MISCELLANEOUS. This EULA applies to updates, supplements, modifications, enhancements, or service components of the Services that LN may provide or make available to User after the date User obtains the initial copy of the Services, unless they are accompanied by separate terms. This EULA is the entire agreement between User and LN relating to the Services and supersedes all prior EULAs or agreements and all other prior or contemporaneous oral or written communications, proposals and representations with respect to the Services. LN reserves the right to discontinue providing the Services at any time. The failure or delay by either party in exercising any right, power or remedy under this EULA shall not operate as a waiver of any such right, power or remedy. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this EULA shall remain in full force and effect. The headings in this EULA are inserted for reference and convenience only and shall not enter into the interpretation hereof.
LN Notice Address.
LN may be reached for inquiries or issues regarding the Services via telephone at 866-215-2771; via email at email@example.com
; or via mail at LexisNexis Risk Solutions Inc., 1000 Alderman Drive, Alpharetta, GA 30005.
Copyright 2016 LexisNexis. V 9.13.16