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Limitation of Liability and $100 Damages Cap

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Document Record

What it is

Provider disclaims all liability for any damages arising from use of the website, content, or interactive areas, and caps any residual monetary liability at $100 USD.

This analysis describes what LexisNexis's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes a $100 USD aggregate damages cap as Provider's maximum financial exposure to any individual user. The clause excludes direct, indirect, incidental, punitive, and consequential damages, including attorneys fees, across all categories of claims arising from site use.

Interpretive note: Enforceability of the $100 cap and the exclusion of direct damages may vary significantly by jurisdiction, particularly in consumer-facing contexts where unconscionability doctrine or non-waivable statutory rights apply.

Consumer impact (what this means for users)

Under this clause, the maximum monetary recovery available to a user against Provider for any claim arising from site use is $100 USD, and Provider asserts no liability for direct, indirect, incidental, or consequential damages including attorneys fees.

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
PROVIDER 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, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS. PROVIDER 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 INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

Excerpt from LexisNexis's Terms

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer-facing online agreements interact with state consumer protection statutes, and in some jurisdictions, blanket liability waivers for gross negligence or willful misconduct may not be enforceable. The FTC Act's prohibition on unfair or deceptive acts and practices is relevant where liability limitations are not adequately disclosed. California, New Jersey, and other states have consumer protection frameworks that may limit the enforceability of nominal damages caps in consumer contracts. 2) GOVERNANCE EXPOSURE: Medium. A $100 damages cap is a common provision in online terms of service, though the breadth of the exclusion covering direct damages and attorneys fees in addition to consequential damages may be subject to challenge in jurisdictions that apply unconscionability doctrine to consumer agreements. 3) JURISDICTION FLAGS: EU consumers may retain statutory rights under applicable consumer protection directives that limit the enforceability of liability exclusions in business-to-consumer contracts. California residents may have non-waivable statutory rights under the CLRA or UCL that interact with this cap. The cap may also be unenforceable to the extent it purports to limit liability for Provider's own gross negligence or intentional misconduct. 4) CONTRACT AND VENDOR IMPLICATIONS: B2B users should note that this cap applies to web-based access and may differ from liability provisions in separately executed subscription or service agreements. Procurement teams should confirm whether executed agreements supersede or supplement these terms pursuant to section 24. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the $100 cap is disclosed with sufficient prominence to satisfy applicable consumer protection notice requirements, and whether the exclusion of attorneys fees interacts with fee-shifting statutes in relevant jurisdictions.

Full institutional analysis

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Applicable agencies

  • FTC
    The FTC's authority over unfair and deceptive practices in consumer-facing online agreements is relevant to the adequacy of disclosure and enforceability of the $100 liability cap.
    File a complaint →
  • State AG
    State attorneys general in jurisdictions including California and New Jersey enforce consumer protection statutes that may limit enforceability of nominal liability caps in consumer agreements.
    File a complaint →

Provision details

Document information
Document
LexisNexis Terms
Entity
LexisNexis
Document last updated
May 5, 2026
Tracking information
First tracked
July 12, 2026
Last verified
July 12, 2026
Record ID
CA-P-074387
Document ID
CA-D-00717
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
0c6a8d35d65202c5a7c1e48deb6d5bc2d5733a86da462e7d1a89ee3a167de54f
Analysis generated
July 12, 2026 16:10 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: LexisNexis
Document: LexisNexis Terms
Record ID: CA-P-074387
Captured: 2026-07-12 16:10:48 UTC
SHA-256: 0c6a8d35d65202c5…
URL: https://conductatlas.com/platform/lexisnexis/lexisnexis-terms/provision/CA-P-074387/limitation-of-liability-and-100-damages-cap/
Accessed: July 23, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does LexisNexis's Limitation of Liability and $100 Damages Cap clause do?

This provision establishes a $100 USD aggregate damages cap as Provider's maximum financial exposure to any individual user. The clause excludes direct, indirect, incidental, punitive, and consequential damages, including attorneys fees, across all categories of claims arising from site use.

How does this clause affect you?

Under this clause, the maximum monetary recovery available to a user against Provider for any claim arising from site use is $100 USD, and Provider asserts no liability for direct, indirect, incidental, or consequential damages including attorneys fees.

Is ConductAtlas affiliated with LexisNexis?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by LexisNexis.