The following End User License Agreement applies to your use of the Services, as defined below, 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® BUYCRASH™

END USER LICENSE AGREEMENT


IMPORTANT : READ CAREFULLY - This LexisNexis End User License Agreement ("EULA") is a binding contract between you as an individual user, on behalf of yourself and the entity you represent (collectively "User") and LexisNexis Coplogic Solutions Inc., on behalf of itself and its affiliates (collectively, "LN"), for the use of the LN services and any information provided as part of or delivered to Users through use of this LN BuyCrash site (collectively, "Services"). As used herein, the term "User" shall only include those individuals and entities permitted under Section 1 (collectively, "Authorized Users") to use the Services pursuant to this EULA and only for the permissible uses described therein.


BY CLICKING THE BOX LABELED "I ACCEPT", OR BY USING THESE SERVICES, USER ACCEPTS AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EULA ON BEHALF OF THEMSELVES AND THE ENTITY USER REPRESENTS AND WARRANTS THAT USER IS AUTHORIZED TO BE BOUND AND ACT ON BEHALF OF USER AND THE ENTITY USER REPRESENTS 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.

1.
Authorized User(s) and DPPA Data. User acknowledges that certain Services provided under this EULA may include the provision of certain personal information data obtained from the state Department of Motor Vehicles ("DMV Data") and that such DMV Data is governed by the Federal Driver's Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA"), and that User is required to comply with the DPPA, as applicable. 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 of 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. With regard to the information that is subject to the DPPA, some state laws' permissible uses may vary from the permissible uses identified in this Section 1 below. In such cases, some state information may not be available under each permissible use and/or User may be asked to certify to a permissible use permitted by applicable state law to obtain information from a specific state. User agrees and certifies it will use the information described in this Section only in accordance with the permissible uses selected in connection with a specific information request. Therefore, only Users having one or more of the following specific purposes are permitted to obtain copies of reports provided by the Services: (i) For use by a government agency, including any court or law enforcement, or private entity acting on behalf of a Federal, State or local agency, but only in carrying out the agency's functions; (ii) In connection with motor vehicle safety or theft, or driver safety (except by or for a motor vehicle manufacturer); (iii) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; or If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual; (iv) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court; (v) For use by an insurer (or its agent) in connection with claims investigation activities or antifraud activities; (vi) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection; or (vii) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
2.
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") solely for User's use in compliance with applicable federal, state and local laws and any orders from a Court, regulator, tribunal or other authorities that has jurisdiction over LN or User for its own internal business purpose in furtherance of the purpose identified by User in Section 1. User represents and warrants that all of User's use of the Services shall be for only legitimate business purposes, limited strictly to those purposes specified by User in connection with a specific information request relating to its business, and as otherwise governed by the EULA. Use of the Services by User for any other purpose, including marketing or commercial solicitation purposes, is strictly prohibited. In addition, User shall at all times comply with the following specific restrictions: (i) To the extent User is a commercial entity, User shall not resell or broker the Services to any third-party, and shall not use the Services for personal (non-business) purposes; (ii) User shall not use the Services to provide data processing services to third-parties or evaluate data of or for third-parties; (iii) User agrees that it shall not create a direct link from another website to the LN website through which Services are accessed (the "Site") and further agrees that it will not harvest, post, transmit, copy, modify, create derivative works from, or distribute anything obtained or downloaded by User from the Site 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 and may make one (1) backup copy of each report provided by the Services. Use of the Services for any other purpose is strictly prohibited; (iv) User agrees not to upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of the Site or its end-users. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited and may result in penalties or criminal charges; (v) 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, scrap, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials or information through any means not purposefully made available through the Site; (vi) User agrees that it will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any person's authorized use of the Site; (vii) User agrees that it will not attempt to gain unauthorized access to any portions of this Site, other accounts, computer systems or networks connected to any of LN's equipment and/or servers through hacking, password minding or other means; (viii) User agrees that it will not obtain or attempt to obtain, materials or information through any means not intentionally made available through this Site; (ix) 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); (x) The Services provided pursuant to this EULA are not provided by "consumer reporting agencies" as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FCRA") and do not constitute "consumer reports," as that term is defined in the FCRA. Accordingly, the Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, User certifies that it will not use any of the information it receives through the Services to determine, in whole or in part an individual's eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment uses; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account; (xi) 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; (xii) User warrants and represents that it has the right to use the Services in all manners and purposes for which it uses or accesses the Services and will comply with all applicable local, state, federal and international laws, statutes, ordinances, regulations and requirements regarding User's use of the Services and the Site. Further, User agrees to comply with the local and state-specific restrictions regarding its access and use of any reports, materials or information obtained from the Site. User shall be liable for its agent's breach of this EULA as if such breach had been committed by User.
3.
Social Security Numbers and Driver's License Numbers. LN may in its sole discretion permit User to access Social Security Numbers (nine (9) digits) and driver's license numbers ("QA Data"). If User is authorized by LN to receive QA Data, and User obtains QA Data through the Services, User certifies it will not use the QA Data for any purpose other than as expressly authorized by LN policies, the terms and conditions herein, and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in the Security provision below, User agrees that it will not permit QA Data obtained through the Services to be used or accessed by anyone other than an employee of User who has a need to know as part of their official duties for User pursuant to the terms of the EULA and applicable law. User agrees it will certify, in writing, its uses for QA Data and recertify upon request by LN. User may not, to the extent permitted by the terms of this EULA, transfer QA Data via email or ftp without LN's prior written consent. However, User shall be permitted to transfer such information so long as: 1) a secured method (for example, sftp) is used, 2) transfer is not to any third-party, and 3) such transfer is limited to such use as permitted under this EULA. LN may at any time and for any or no reason cease to provide or limit the provision of QA Data to User. User acknowledges and agrees that it shall be required to satisfy the LN Credentialing policies and procedures governing the provision of QA Data to LN Customers, as such policies and procedures may be modified at any time at the sole discretion of LN. In that event, please contact LexisNexis Customer Service at 1-866-215-2771 for assistance.
4.
Information Provided by User. User is solely responsible for any information that User provides to LN while using the Services ("User Data") and represents and warrants that all User Data shall be accurate and truthful. User hereby grants LN the right to use and store the User data in accordance with its Privacy Policy, which user may view at https://risk.lexisnexis.com/privacy-policy. 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.
5.
Third Party Sites. The Services may have links to websites hosted by other parties ("Third-Party Sites"), or such Third-Party Sites may have links to the Services. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by LN of the Third-Party Sites. Third-Party Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. LN does not verify or make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Third-Party Sites. User should read the privacy policies and terms of use agreements of all Third-Party Sites.
6.
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; (iv) when User meets or exceeds the total number of report purchases permitted herein; or (v) due to changes in LN policy, modification of third-party agreements, a modification in industry standards, a Security Event (defined below), a change in law or regulation, or the interpretation thereof. 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. Upon termination of this EULA, each party shall be liable for payment to the other party of all amounts due and payable for Services provided through the effective date of such termination.
7.
Intellectual Property; Confidentiality. The Services are licensed not sold to User pursuant to the terms of this EULA. This EULA does not transfer ownership of the Services, 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, 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. Notwithstanding anything in this Agreement to the contrary, LN shall own User's search inquiry data used to access the LN Services (in the past or future) and may use such data for any purpose consistent with applicable federal, state and local laws, rules and regulations. User and LN acknowledge that they each may have access to confidential information of the disclosing party ("Disclosing Party") relating to the Disclosing Party's business including, without limitation, technical, financial, strategies and related information, computer programs, algorithms, know-how, processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below) and other information (whether written or oral), and in the case of LN's information, product information, pricing information product development plans, forecasts, data contained in LN Services, and other business information ("Confidential Information"). Confidential Information shall not include information that: (i) is or becomes (through no improper action or inaction by the Receiving Party (as defined below)) generally known to the public; (ii) was in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third-party and received in good faith and without any duty of confidentiality by the Receiving Party or the third-party; or (iv) was independently developed without use of any Confidential Information of the Disclosing Party by employees of the Receiving Party who have had no access to such Confidential Information. "Trade Secret" shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of "trade secret" set forth in the Official Code of Georgia Annotated § 10-1-761(4). Each receiving party ("Receiving Party") agrees not to divulge any Confidential Information or information derived therefrom to any third-party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event less than a reasonable degree of care. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing Party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each Party's obligations with respect to Confidential Information shall continue for the term of this Agreement and for a period of five (5) years thereafter, provided however, that with respect Trade Secrets, each Party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret.
8.
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.
9.
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 (security.investigations@lexisnexis.com); 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 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. To the extent permitted by law, 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.
10.
Audit. User understands and agrees that in order to ensure compliance with applicable federal, state and local laws and regulations, regulatory agency requirements of this EULA, LN's obligations under its contracts with its data providers, and LN's internal 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.
11.
Privacy Principles. With respect to personally identifiable information regarding consumers, LN has adopted the "LN Privacy Principles" ("Principles"), which may be modified from time to time, 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 https://www.lexisnexis.com/en-us/privacy/data-privacy-principles.page. 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.
12.
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.
13.
Performance. LN will use commercially reasonable efforts to deliver the Services requested by User and to compile information gathered from selected public records and other sources used in the provision of the Services; provided, however, that the User accepts all information "AS IS". User acknowledges and agrees that LN obtains its data from third party sources, which may or may not be completely thorough and accurate, and that User shall not rely on LN for the accuracy or completeness of information supplied through the Services. 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.
14.
Disclaimer of Warranty. LN (for purposes of indemnification by Customer, warranties, disclaimers, and limitations on liability, LN, its subsidiaries and affiliates, and its data providers are collectively referred to as "LN") DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE LN SERVICES. LN DOES NOT WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE LN SERVICES OR INFORMATION PROVIDED THEREIN. Due to the nature of public record information, the public records and commercially available data sources used in the LN Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. LN 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.
15.
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.
16.
Indemnification. To the extent permitted by law, 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) User's use of Services and any information received by User furnished by or through LN; (b) User's breach of any terms, conditions, representations or certifications in this EULA; and (c) any Security Event.
17.
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.
18.
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.
19.
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.
20.
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.
21.
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.
22.
Governing Law and Venue. 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. Additionally, any action brought pursuant to User's use of the Services or pursuant to the terms and conditions of this EULA shall be brought within the jurisdiction of the courts of Fulton County, Georgia.
23.
Additional 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. To the extent that the LN Services accessed by User include information or data described in the Risk Supplemental Terms contained at the following website: www.lexisnexis.com/terms/risksupp/, User agrees to comply with the Risk Supplemental Terms set forth therein. Additionally, certain other information contained within the LN Services is subject to additional obligations and restrictions. These services include, without limitation, news, business information, and federal legislative and regulatory materials. To the extent that User receives such information through the LN Services, User agrees to comply with the Terms and Conditions contained at the following website: www.lexisnexis.com/terms/general (the "L&P Terms"). The Risk Supplemental Terms and the L&P Terms are hereby incorporated into this Agreement by reference. In the event of a direct conflict between this Agreement, the Risk Supplemental Terms, and the L&P Terms, the order of precedence shall be as follows: this Agreement, the Risk Supplemental Terms and then the L&P Terms.
24.
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. LN reserves the right to discontinue providing the Services at any time. Neither party will be liable for any delay or failure to perform its obligations hereunder due to causes beyond its reasonable control, including force majeure event or acts of God or public enemy. 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.
25.
LN Notice Address. LN may be reached for inquiries or issues regarding the Services via telephone at 1-866-215-2771; via email at support.buycrash@lexisnexisrisk.com; or via mail at LexisNexis Risk Solutions Inc., 1000 Alderman Drive, Alpharetta, Georgia 30005.