Subscribers (Supplier Customers)
The BROWZ Service includes Licensed Data obtained by BROWZ under license from third-party licensors ("Licensors") which is subject to restrictions, licenses, limitations of liability and warranties from Licensors. "Licensed Data" is information from third parties, which may include some or all of the Licensors listed below. WE SHALL INCUR NO LIABILITY AS A RESULT OF OR DERIVED FROM LICENSED DATA OR ANY ACTION, OR INFORMATION SUPPLIED BY, ANY THIRD PARTY NOT EMPLOYED BY US OR NOT ACTING AS OUR AGENT, INCLUDING ANY GOVERNMENT AGENCY OR LICENSOR.
- Accurint (Seisint, Inc.)
- BusinessCreditUSA.com (infoUSA, Inc.)
- Dun & Bradstreet, Inc.
- LexisNexis, a division of Reed Elsevier Inc.
- Moody's Investors Service, Inc.
- West Group (Westlaw®)
Your Use of Third Party Sites
Our sites contain links to Internet sites owned by third parties. This is done as a convenience to you and should not be construed as an endorsement of any web site, company, product or service by us. Your use of each of these third-party sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third-party site. We reserve the right to change content on our sites at any time.
While we make every attempt to provide links to those third-party sites we believe may provide value to our users, we cannot be responsible for the content or accuracy of the information presented on those sites and we specifically disclaim any liability for any loss or damages which you may incur, directly or indirectly, as a result of your use of them. Your activities with a third party, including payment transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any third-party product or service should be directed to the appropriate vendor. We reserve the right to terminate a link to a third-party site at any time.
Your Conduct On Our Sites
You are responsible for maintaining the confidentiality of your accounts, user IDs and passwords. You agree to immediately notify us of any unauthorized use of your user IDs, passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT MAY RESULT IF YOU FAIL TO COMPLY WITH THESE REQUIREMENTS.
The technology and software underlying our sites and the Services is our property. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services except to the extent specifically authorized by us in writing; provided, however, that if you will be using our sites or the Services in the European Union or Norway, and if reproduction of the underlying technology or software and translation of its form are necessary to obtain the information required to achieve the interoperability of the technology or software with other programs, you shall inform us in writing accordingly and we shall notify you within 20 business days from receipt of your request that: (i) we will perform the work in order to achieve such interoperability and charge a reasonable expense allowance for such work to you, or (ii) you are entitled to undertake those actions yourself, but only to the extent required to achieve the interoperability of the technology or software with other programs. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others.
- Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content.
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, any of our sites, the Services, any software or hardware, or telecommunications equipment.
- Transmit surveys, contests, pyramid schemes, spam or chain letters or similar material.
- Download any file that you know, or reasonably should know, cannot be legally obtained in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material.
- Interfere with or disrupt our sites, servers or networks.
- Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites.
- Engage in any illegal activities.
Unauthorized access to our sites is a breach of these Terms and may be a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by us for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.
Use of Employee Information under the U.S. Fair Credit Reporting Act
You may not use information from the Service or any of the Services to determine any individual's eligibility for employment, credit or insurance to be used primarily for personal, family or household purposes, or any other purpose that would render the information a consumer report under 15 U.S.C. section 1681a (d), which is part of the U.S. Fair Credit Reporting Act (15 U.S.C. section 1680).
When registering with BROWZ, network members agree to a non-refundable one year subscription. Network members are defined as any business or organization with a BROWZ membership. Refunds will only be considered, in the case of a duplicate payment (i.e., credit card processed twice) or when a duplicate account already exists in the BROWZ database with an active payment. Refunds will not be made once data validation, data entry or outbound support is performed by BROWZ personnel.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through email or otherwise. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
These Terms shall be construed in accordance with the laws of the State of New York as such laws apply to contracts between New York residents performed entirely within New York.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Effective Date: 1 July, 2004
Accurint Services from
- You accept all information from Seisint Inc. ("Seisint") "AS IS." You acknowledge and agree that Seisint obtains its data from third-party sources, which may or may not be completely thorough and accurate, and that you shall not rely on Seisint for the accuracy or completeness of information supplied in using the BROWZ Supply Chain Verification Service (the "Service") or the Accurint Services.
- You acknowledge that Seisint (and/or Seisint's third-party data providers) shall retain all right, title, and interest in and to the data and information provided by the Accurint Services, directly or indirectly through the Service, under applicable contractual, copyright, and related laws, and you shall use such materials consistent with Seisint's interests and notify Seisint of any threatened or actual infringement of Seisint's rights.
- Neither Seisint nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, Seisint and its data providers are hereby collectively referred to as "Seisint") shall be liable to you (or to any person claiming through you to whom you may have provided Accurint service-related data) for any loss or injury arising out of or caused in whole or in part by Seisint's acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Accurint Services. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON SEISINT, THEN YOU AGREE THAT SEISINT'S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF SEISINT IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED BY SEISINT, DIRECTLY OR INDIRECTLY, 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 $100.00; PROVIDED, HOWEVER, THAT SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO SEISINT'S INDEMNIFICATION OBLIGATION DETAILED BELOW; AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE SEISINT FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF SEISINT, BROWZ AND/OR THIRD PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THAT YOU WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST SEISINT. SEISINT DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURINT SERVICES PROVIDED, DIRECTLY OR INDIRECTLY THROUGH THE SERVICE; PROVIDED, HOWEVER, THAT SEISINT DOES WARRANT THAT SEISINT HAS COMPLIED WITH THE LAW AND APPLICABLE THIRD-PARTY DATA PROVIDER CONTRACTS IN PROVIDING THE ACCURINT SERVICES. SEISINT DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE ACCURINT SERVICES OR THE COMPONENTS THEREOF OR INFORMATION PROVIDED. IN NO EVENT SHALL SEISINT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY YOU FROM RECEIPT OR USE OF INFORMATION DELIVERED UNDER THE ACCURINT SERVICES, DIRECTLY OR INDIRECTLY THROUGH THE SERVICE, OR THE UNAVAILABILITY THEREOF.
- You hereby agree to protect, indemnify, defend, and hold harmless Seisint 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 use of information received by you (or any third party receiving such information from or through you) furnished by or through Seisint, directly or indirectly through the Service.
BusinessCreditUSA®.com from infoUSA, Inc.
- Due to changes occurring every day, the information provided by infoUSA, Inc. by its BusinessCreditUSA.com division ("BusinessCreditUSA") is believed to be accurate but is not guaranteed.
- It is a violation of both federal and state law to transmit an unsolicited advertisement to a facsimile machine. Any person violating such laws may be subject to civil and criminal penalties which may exceed $500 for each transmission of any unsolicited facsimile. BusinessCreditUSA provides business information for lawful purposes and expressly forbids the use of its business information in any unlawful manner. The Credit Rating Scores of BusinessCreditUSA are indicators of probable ability to pay. They are based on business demographic factors such as number of employees, years in business, industry stability, barriers to entry, and government data. BusinessCreditUSA recommends that these ratings be used primarily as a starting point and should not be the sole factor used in making a credit decision. You must obtain more information from bank and trade references, local credit bureaus, or other sources before extending credit. BUSINESSCREDITUSA IS NOT A FINANCIAL ADVISOR AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE RATING CODES, AND AS SUCH WILL NOT BE RESPONSIBLE FOR ANY LOSSES RESULTING FROM THE USE OF THIS INFORMATION. FURTHERMORE, ITS LIABILITY, IF ANY, WILL BE LIMITED TO THE INITIAL COST OF THE CREDIT RATING FEE PAID BY BROWZ FOR THE PARTICULAR ENTITY'S CREDIT RATING SCORE.
Dun & Bradstreet, Inc.
- All information which BROWZ or Dun & Bradstreet, Inc. ("D&B") furnishes to you ("Information"), directly or indirectly through the BROWZ Supply Chain Verification Service, will be used by you solely as one factor in your credit, insurance, marketing or other business decisions and will not be used to determine an individual's eligibility for credit or insurance to be used primarily for personal, family or household purposes or to determine an individual's eligibility for employment. You also agree that the Information will not be used to engage in unfair or deceptive practices.
- YOU ACKNOWLEDGE THAT D&B DOES NOT WARRANT OR GUARANTEE THE TIMELINESS, CURRENTNESS, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION. YOU ALSO ACKNOWLEDGE THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT D&B, IN FURNISHING THE INFORMATION TO YOU, DOES NOT AND WILL NOT UNDERWRITE THAT RISK, IN ANY MANNER WHATSOEVER. YOU THEREFORE AGREE THAT D&B WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY D&B'S NEGLIGENCE IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION.
- YOU AGREE THAT D&B WILL NEVER BE LIABLE FOR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. YOU ALSO AGREE THAT D&B'S LIABILITY OF ANY AND ALL LOSSES, DAMAGES OR INJURIES WHICH YOU SUFFER OR INCUR ARISING OUT OF ANY ACTS OR OMISSIONS OF D&B IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED HEREUNDER, REGARDLESS OF THE CAUSE OF THE LOSS, DAMAGE OR INJURY AND REGARDLESS OF THE NATURE OF THE LEGAL RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED $10,000.00 AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE D&B FOR A GREATER AMOUNT.
- You acknowledge and agree that the copyright to the Information is and shall remain with D&B. You acknowledge that the Information, regardless of form or format, is proprietary to D&B comprises: (a) works of original authorship, including compiled information containing D&B's selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential or trade secret information; and (c) information that has been created, developed and maintained by D&B at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm D&B. You shall not commit or permit any act or omission by your agents, employees or any third party that would impair D&B's proprietary and intellectual property rights in the Information. You agree to notify D&B immediately upon obtaining any information regarding a threatened or actual infringement of D&B's rights.
- The terms of this D&B Agreement are in addition to those found in any BROWZ agreement. If there is a conflict between this D&B Agreement and those found in any such agreement, then this D&B Agreement will apply.
© Copyright 2004 Dun & Bradstreet, Inc. All rights reserved
LexisNexis, a division of Reed Elsevier Inc.
LexisNexis, a division of Reed Elsevier Inc. ("LN"), has represented and warranted to BROWZ that it has the right and authority to make its search results available to BROWZ. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, LN MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS. NEITHER LN, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR OR AGENT, NOR ITS THIRD PARTY INFORMATION PROVIDERS, THEIR AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR OR AGENT (A "COVERED PARTY") SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO LN'S AGREEMENT WITH BROWZ OR THE PERFORMANCE OF ITS SERVICES TO BROWZ AND ANY ERRORS OR OMISSIONS IN THE SEARCH RESULTS. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF A COVERED PARTY PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEE PAID BY BROWZ FOR THE SEARCH RESULTS FROM WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. YOUR RIGHT TO SUCH MONETARY DAMAGES SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST A COVERED PARTY.
Moody's Investors Service, Inc.
- Proprietary Notice; Moody's information provided solely for Subscriber's and/or Supplier's internal or personal use; No Redistribution to Third Parties.
ALL INFORMATION PROVIDED BY MOODY'S INVESTORS SERVICE, INC. ("MOODY'S") AND FURNISHED BY BROWZ LLC AND/OR ANY OF ITS AFFILIATES ("DISTRIBUTOR") PURSUANT TO THE BROWZ SUPPLY CHAIN VERIFICATION SERVICE (THE "SERVICE") AND/OR THE SUBSCRIPTION AGREEMENT BETWEEN DISTRIBUTOR AND SUBSCRIBER AND/OR THE SUPPLIER REGISTRATION AGREEMENT BETWEEN DISTRIBUTOR AND SUPPLIER IS PROPRIETARY TO MOODY'S OR DISTRIBUTOR AND IS SO FURNISHED AT SUBSCRIBER'S OR SUPPLIER'S REQUEST FOR USE SOLELY BY SUBSCRIBER OR SUPPLIER. NO INFORMATION SO FURNISHED MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, DISTRIBUTED, REDISTRIBUTED, SOLD, RESOLD, LEASED, RENTED, LICENSED, SUBLICENSED, ALTERED, MODIFIED, ADAPTED, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY SUBSCRIBER OR SUPPLIER OR ANY OTHER PERSON OR ENTITY, WITHOUT THE PRIOR WRITTEN CONSENT OF MOODY'S AND DISTRIBUTOR.
- No Warranties; Limitation on Liability; Liability Cap.
All Information from Moody's furnished by BROWZ pursuant to the Service is obtained by BROWZ from Moody's from sources believed by Moody's to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, however, all Information from Moody's is provided "AS IS" without warranty of any kind, and MOODY'S AND DISTRIBUTOR MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO SUBSCRIBER OR SUPPLIER OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION. All Information from Moody's furnished by BROWZ pursuant to the Service is obtained by BROWZ from Moody's from sources believed by Moody's to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, however, all Information from Moody's is provided "AS IS" without warranty of any kind, and MOODY'S AND DISTRIBUTOR MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO SUBSCRIBER OR SUPPLIER OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION.
Under no circumstance shall Moody's or Distributor have any liability to Subscriber or Supplier or any other person or entity for (a) any loss, damage or other injury in whole or in part caused by, resulting from or relating to, any error (negligent or otherwise), or any other circumstance or contingency within or outside the control of Distributor or any of its directors, officers, members, employees or agents, or Licensor's, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any Information provided by Moody's, or (b) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR COMPENSATORY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), EVEN IF MOODY'S OR DISTRIBUTOR SHALL HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, IN EITHER CASE CAUSED BY, RESULTING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY SUCH INFORMATION. Without limiting the foregoing, in no event shall the total liability of Moody's in the aggregate to Subscriber arising from the Subscription Agreement (based on any cause of action whatsoever) exceed the fees actually paid by Subscriber to Distributor within the 12 month period immediately preceding the date upon which the relevant claim accrued.
- Moody's Rights to Data.
Subscriber or Supplier (as the case may be) agrees and acknowledges that the Moody's Licensed Data is and shall remain the valuable intellectual property owned by, or licensed to, Moody's and that no proprietary rights are being transferred to Subscriber or Supplier in such materials or in any of the information contained therein. Subscriber or Supplier agrees that misappropriation or misuse of such materials shall cause serious damage to Moody's and that in such event money damages may not constitute sufficient compensation to Moody's; consequently, Subscriber or Supplier agrees that in the event of any misappropriation or misuse, Moody's shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which Moody's may be entitled.
- Securities Disclosures
Moody's hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by Moody's have, prior to assignment of any rating, agreed to pay to Moody's for the appraisal and rating services rendered by it fees ranging from $1,500 to $1,800,000.
Subscriber or Supplier expressly agrees, on behalf of itself and each other person or entity that it permits to use any Information ("User"), that (a) the credit ratings and other opinions contained in such Information are, and will be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, hold or sell any securities, (b) each rating or other opinion will be weighed solely as one factor in any investment decision made by or on behalf of Subscriber or Supplier (as the case may be) or any User, and (c) it will accordingly make its own study and evaluation of each security, and of each issuer and guarantor of, and each provider of credit support for, each security that it may consider purchasing, holding or selling.
You may not publish, broadcast, sell or otherwise redistribute materials provided by West Group ("West") for commercial purposes.
ALL INFORMATION AND DATA PROVIDED BY WESTLAW, OR BASED ON INFORMATION AND DATA FROM WEST, IS PROVIDED BY WEST AND BROWZ "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. IN NO EVENT SHALL WEST, ITS AFFILIATES OR CONTRIBUTORS, OR BROWZ, BE LIABLE TO YOU FOR ANY CLAIMS RELATING IN ANY WAY TO ANY LOST PROFITS, OR OTHER CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, EVEN IF WEST OR BROWZ SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ACKNOWLEDGE THAT PROVISION OF WESTLAW, AND DATA, INFORMATION AND SCORES DERIVED THEREFROM, BY WEST AND BROWZ, AND THE EDITING, INTERPRETATION AND DELIVERY OF DATA AND INFORMATION BY WEST AND/OR BROWZ, BASED ON AND/OR FROM WESTLAW AND/OR OTHER SOURCES, ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS. YOUR EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY, IF ANY, OF WEST AND ITS AFFILIATES AND CONTRIBUTORS, AND BROWZ, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO INFORMATION OR DATA PROVIDED BY WEST, OR INFORMATION, DATA OR RELATED SCORES BASED ON INFORMATION OR DATA FROM WEST, WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE PORTION OF THE AGGREGATE AMOUNT OF CHARGES, PAID BY BROWZ TO WEST DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, RELATED TOTHE DATA AND INFORMATION WHICH IS THE SUBJECT OF THE CLAIM.