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Users are required to indemnify Provider and its affiliates, employees, and third-party information providers against all claims, losses, damages, and attorneys fees arising from the user's violation of these Terms of Use or from any content they submit to the site.
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
This provision requires users to bear the full cost of defending Provider and its third-party information providers against any claims arising from user-submitted content or Terms of Use violations, including attorneys fees, creating a potentially significant financial obligation for individual users.
Interpretive note: The enforceability of the indemnification obligation against individual consumers, as opposed to enterprise users, may vary by jurisdiction, particularly where unconscionability doctrine applies to standard-form consumer contracts.
Under section 17, users who submit content to the site or violate these Terms of Use are contractually obligated to cover all defense costs, damages, and attorneys fees incurred by Provider and its third-party information providers as a result of those actions.
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"You shall indemnify, defend and hold Provider, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to this Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you.Excerpt from LexisNexis's Terms
1) REGULATORY LANDSCAPE: Broad indemnification clauses in consumer-facing online agreements may interact with state consumer protection statutes that limit one-sided indemnification obligations. In some jurisdictions, indemnification provisions in standard form contracts that shift all risk to consumers may be subject to unconscionability challenges. 2) GOVERNANCE EXPOSURE: Medium. The indemnification extends to third-party information providers, which broadens the scope of potential claims beyond Provider itself. For institutional users whose employees submit content, the organization may assume this indemnification obligation through the employee's use of the site. 3) JURISDICTION FLAGS: California, New York, and EU jurisdictions have consumer protection frameworks that may limit the enforceability of broad, one-sided indemnification clauses in consumer contracts. The clause does not distinguish between individual consumers and enterprise users. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether this indemnification obligation interacts with their own vendor liability and insurance requirements. The inclusion of third-party information providers as indemnified parties is operationally notable as it extends indemnification beyond the contracting party. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether this indemnification clause requires disclosure under applicable consumer protection regulations and whether it is adequately addressed in employee acceptable use policies governing LexisNexis site participation.
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This provision requires users to bear the full cost of defending Provider and its third-party information providers against any claims arising from user-submitted content or Terms of Use violations, including attorneys fees, creating a potentially significant financial obligation for individual users.
Under section 17, users who submit content to the site or violate these Terms of Use are contractually obligated to cover all defense costs, damages, and attorneys fees incurred by Provider and its third-party information providers as a result of those actions.
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