The implication that I can be bound by terms and conditions which I have not read (although actually I have in this case, but am ignoring), is as, I say, a joke. Our legal experts tell us that if you want a disclaimer to hold, it has to be obvious. Here is what my browser shows me of the LexisNexis web site is this:
the point being that unless I scroll down, I wont see the terms and conditions link, and even if I do, would I assume I have to read it before I could link to any part of their website? Very unlikely. The terms and conditions that eliterate librarian highlights, and you can go laugh at, are useless … (at least in UK law … while it is a dangerous assumption, I assume US law is just as sensible about holding people to contracts they haven’t seen)!