61 of 123 cards in Legal Rights & Agreement Rules
Legal Rights & Agreement Rules · User right or choice
By using the site you represent that you have read the TOS and agree to be bound by them.
You represent that you have read and agree to be bound by the TOS.
Legal Rights & Agreement Rules · Restriction or exception
You may not use the Service for any illegal purpose, to facilitate violation of any law or regulation, or in any way inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or transfer to, or use by or for the benefit of, anyone else. You also agree not to use, transfer, distribute or dispose of information in the Service in any way that could compete with the business of Bloomberg or any of its suppliers.
You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS.
You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Bloomberg or any of its suppliers.
Legal Rights & Agreement Rules · Restriction or exception
You agree to report any violation of the TOS by others that you become aware of. The text does not say to whom or how a report is made.
You agree to report any violation of the TOS by others that you become aware of.
Legal Rights & Agreement Rules · Restriction or exception
You represent and warrant that you are the original author or creator of your Submissions (except as expressly indicated otherwise), that no other person's permission is required for Bloomberg's licensed use and that this use will not infringe anyone's rights, that you own or control all rights in the Submissions, that they are truthful and accurate, and that they do not violate the TOS or cause injury to anyone. You agree to indemnify Bloomberg and its Suppliers, agents, directors, officers, employees, representatives, successors and assigns for all claims resulting from Submissions you supply. Bloomberg and those parties disclaim responsibility and assume no liability for Submissions made by you or any third party.
You represent and warrant that you are the original author or creator of the Submissions (except as expressly indicated otherwise)
that the Submissions you submit are truthful and accurate; that use of the Submissions you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify Bloomberg and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from Submissions you supply.
Bloomberg and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Submissions submitted by you or any third party.
Legal Rights & Agreement Rules · Restriction or exception
You irrevocably waive and release any claim that Bloomberg's use of a Submission violates your rights, including copyrights, trademarks, moral rights, privacy rights, property and publicity rights, or right to credit, and release Bloomberg and its licensees from all claims connected with its use of your Submission under the license. You also acknowledge that any harm from Bloomberg's use of your material will not be irreparable or enough to entitle you to an injunction or other equitable relief, and that your remedy is strictly limited to recovering damages, if any, in an action at law. You agree that this authorization is the full understanding between you and Bloomberg about use of your Submission and can be modified only by a document signed by Bloomberg and you.
You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas, and forever release and discharge Bloomberg and its licensees from any and all claims you may have in connection with Bloomberg’s use of your Submission in accordance with this license.
your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
You agree that this authorization contains the full and complete understanding between Bloomberg and you regarding Bloomberg’s use of your Submission and cannot be modified except by a document signed by Bloomberg and you.
Legal Rights & Agreement Rules · Restriction or exception
You agree that your use of the Service is at your sole risk, and that the Service and everything in it (content, services, goods, advertisements) is provided 'as is' and 'as available'. Bloomberg makes no warranty of any kind, express or implied, including merchantability, non-infringement, title, fitness for a particular purpose, or warranties arising from course of dealing or usage of trade. It does not warrant that the site or Service will be uninterrupted or error-free, that defects will be corrected, that the site or server is free of viruses or harmful components, that the site does not violate anyone's intellectual property rights, or the correctness, accuracy or reliability of its use or results. You, not Bloomberg, assume the entire cost of all necessary servicing, repair or correction. Because applicable law may not allow exclusion of implied warranties, the exclusion may not fully apply to you.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT BLOOMBERG MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE
BLOOMBERG DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED
YOU (AND NOT BLOOMBERG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
Legal Rights & Agreement Rules · Restriction or exception
Bloomberg does not warrant that the Service is compatible with your equipment, or that the Service or e-mail sent by Bloomberg or its representative is free of errors, viruses, worms, 'Trojan horses' or other harmful, invasive or corrupted files, and it is not liable for any damage you may suffer from such destructive features.
(ii) Bloomberg does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Bloomberg or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features.
Legal Rights & Agreement Rules · Restriction or exception
You agree that Bloomberg and its Suppliers, agents, directors, officers, employees, representatives, successors and assigns have no responsibility or liability for any injury or damages arising in connection with the Service, whether caused by their negligence or otherwise, nor for lost profits, losses, punitive, incidental or consequential damages, or any claim against Bloomberg by any other party. They are also not responsible for any fault, inaccuracy, omission, delay or other failure in the Service that is caused by your computer equipment or arises from your use of the Service on that equipment.
You agree that Bloomberg and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Bloomberg, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Bloomberg by any other party;
(ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
Legal Rights & Agreement Rules · Company practice
You acknowledge that the Service is provided for information purposes only and is not intended for trading purposes; it may include information from stock exchanges and other sources worldwide; some parts of the Service are subject to other agreements to which Bloomberg is a party; and none of the information is a solicitation, offer, opinion, endorsement or recommendation to buy or sell any security or to provide legal, tax, accounting or investment advice about profitability or suitability. The information is also not intended for use or distribution to anyone in a jurisdiction or country where that would be contrary to law or regulation. Bloomberg does not guarantee the sequence, accuracy, completeness or timeliness of the Service or the facts, views, opinions or recommendations on the site.
(i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world;
(iii) Bloomberg does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service;
(iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Bloomberg is a party;
(v) none of the information contained on this site constitutes a solicitation, offer, opinion, endorsement or recommendation by Bloomberg to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment;
(vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
Legal Rights & Agreement Rules · Restriction or exception
Notwithstanding anything else in the TOS, Bloomberg, its Suppliers, agents, directors, officers, employees, representatives, successors and assigns are not directly or indirectly liable to you or anyone else for inaccuracies, errors or omissions in the Service (including quotes and financial data), delays, errors or interruptions in transmission or delivery, or any loss or damage arising from them or from nonperformance.
Accordingly, anything to the contrary herein set forth notwithstanding, Bloomberg, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Legal Rights & Agreement Rules · Restriction or exception
Under no circumstances, including negligence, are Bloomberg, its parents, affiliates, subsidiaries, suppliers, agents, directors, officers, employees, representatives, successors, licensors or assigns liable to you or any third person for damages of any kind (tort, contract, strict liability or otherwise), including direct, indirect, incidental, consequential, special, punitive or exemplary damages, even if advised of the possibility, arising in any way from the site, the Service, use of or inability to use it, links or items on it, or any provision of the TOS, such as loss of revenue, anticipated profits or lost business. Bloomberg's total liability to you for all damages, losses and causes of action, in contract or tort including negligence, will not exceed the amount you paid, if any, for accessing the site. The paragraph notes that applicable law may not allow the limitation or exclusion of liability or of incidental or consequential damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BLOOMBERG, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL BLOOMBERG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Legal Rights & Agreement Rules · Restriction or exception
By accessing the site you understand you may be waiving rights over claims that are currently unknown or unsuspected, and you expressly waive the benefits of Section 1542 of the California Civil Code and any similar law of any state or territory. The quoted section says a general release does not extend to claims the person releasing does not know or suspect exist at the time of the release and which, if known, would have materially affected the settlement. You waive all rights you have or may have under Section 1542 or similar laws or successor statutes for any claims in connection with this site or the TOS, acknowledge you may later discover different or additional claims or facts, and intend to release all such matters fully, finally and forever, with the releases in the TOS remaining in effect despite later discoveries.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to any claims you may have in connection with this site or these TOS.
Nevertheless, you intend by these TOS to release fully, finally and forever all such matters under these TOS
Legal Rights & Agreement Rules · Restriction or exception
You agree, at your own expense, to indemnify, defend and hold harmless Bloomberg, its Suppliers, agents, directors, officers, employees, representatives, successors and assigns from claims, damages, liabilities, costs and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with the Service or any links on it. The listed examples include your use or use by someone using your computer; use by someone using your account; a TOS violation by you or anyone using your computer or account; third-party claims of IP infringement, privacy or publicity violation, libel or other injury; unauthorized alterations to the Service; and misrepresentations or breaches of your representations, warranties, covenants or agreements. You also agree to pay costs, damages and expenses, including reasonable attorneys' fees, awarded against or incurred because of such claims.
You agree, at your own expense, to indemnify, defend and hold harmless Bloomberg, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to:
(ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable);
You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
Legal Rights & Agreement Rules · Restriction or exception
Bloomberg reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, and you must then fully cooperate with Bloomberg in asserting any available defense. You also agree to pay Bloomberg's reasonable attorneys' fees in connection with any lawsuits Bloomberg brings against you under the TOS or other terms of service on the site, including lawsuits arising from your failure to indemnify Bloomberg.
Bloomberg reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bloomberg in asserting any available defense.
You acknowledge and agree to pay Bloomberg’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Bloomberg under the TOS and any other terms and conditions of service on this site
Legal Rights & Agreement Rules · Company practice
Without notice, BLP may terminate the TOS or suspend your access to the Service, with or without cause, at any time and effective immediately. The TOS terminate immediately without notice from BLP if, in BLP's sole discretion, you fail to comply with any provision. Bloomberg is not liable to you or any third party for the termination or suspension of the Service or for related claims. Any violation may result in restrictions on your access to all or part of the site and may be referred to law enforcement authorities.
(b) You agree that, without notice, BLP may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from BLP if you, in BLP’s sole discretion, fail to comply with any provision of the TOS.
(c) Bloomberg shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service.
Any violation of the TOS may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities.
Legal Rights & Agreement Rules · Restriction or exception
On termination by you or BLP, you must stop using the Service and promptly destroy all materials obtained from it and any copies. On termination of your membership or access, or on Bloomberg's demand, you must destroy all materials from the site, related documentation and all copies and installations. Bloomberg determines your compliance with the TOS in its sole discretion, and its decision is final and binding and not subject to challenge or appeal. Bloomberg states that it will aggressively enforce its rights to the fullest extent of the law.
Upon termination of the TOS by you or BLP, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.
Bloomberg will determine your compliance with the TOS in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal.
Upon termination of your membership or access to this site, or upon demand by Bloomberg, you must destroy all materials obtained from this site and all related documentation and all copies and installations thereof.
You are advised that Bloomberg will aggressively enforce its rights to the fullest extent of the law.
Legal Rights & Agreement Rules · Restriction or exception
No change to or waiver of any part of the TOS has any force or effect unless it is formally posted or made in writing and signed by a duly authorized officer of Bloomberg. This sits alongside the opening paragraph, where BLP reserves the right to amend the TOS at any time with modifications effective immediately.
No changes to or waiver of any part of the TOS shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Bloomberg.
Legal Rights & Agreement Rules · Restriction or exception
Bloomberg operates the site in the United States, controlled from its offices in the State of New York, and makes no representation that the Service, including merchandise offered for sale and related copyrights, trademarks, patents and licensing arrangements, or materials on the site are appropriate or available for use outside the United States. If you access the site from outside the U.S., you do so on your own initiative and at your own risk and are solely responsible for complying with local laws, if and to the extent they apply.
Bloomberg operates this site in the United States. Bloomberg makes no representation that the Service, including merchandise offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States.
If you access this site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Bloomberg from its offices within the State of New York, United States.
Legal Rights & Agreement Rules · Restriction or exception
The TOS are governed by and construed under the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles. For disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in New York County, New York, for legal proceedings arising in connection with the Service or from a dispute about interpretation or breach of the TOS.
The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof.
With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
Legal Rights & Agreement Rules · Context
Section 14, 'Mandatory Arbitration and Class Action Waiver', opens with a notice to read it carefully because it affects your legal rights, including your right to file or participate in a lawsuit in court. The operative arbitration terms follow in the paragraphs after this notice.
14. Mandatory Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.
Legal Rights & Agreement Rules · Procedure
If a Dispute arises between you and Bloomberg, both parties agree to first make a good-faith effort to resolve it informally before starting any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending the other party a written description of the dispute. For a Dispute you start, you send the description, with the email address associated with your account if applicable, to legalnotices@bloomberg.net. It must be on an individual basis and include at minimum your name, a description of the claim or dispute, the specific relief sought, and proof of your relationship with Bloomberg. If the Dispute is not resolved within sixty (60) days after the written description is received, the further dispute resolution provisions apply.
For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise.
For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: legalnotices@bloomberg.net.
The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Bloomberg.
If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Bloomberg agree to the further Dispute resolution provisions below.
Legal Rights & Agreement Rules · Procedure
The informal dispute resolution process is a prerequisite and condition precedent to starting any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines are tolled while they engage in the informal process.
The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding.
The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
Legal Rights & Agreement Rules · Procedure
If the informal procedure does not lead to resolution, either party may start binding arbitration as the sole means to resolve Disputes (except as provided in the section), subject to the section's terms and the National Arbitration and Mediation (NAM) rules. If you start arbitration, a copy of the demand must also be emailed to legalnotices@bloomberg.net, and if you are a Bloomberg registered user any demand, whether filed by you or Bloomberg, must include the email address you used to register. The arbitration is administered by NAM before a sole arbitrator under NAM's rules in effect when the demand is filed, including its consumer fee rules and mass filing rules, excluding rules that govern or permit class or representative actions.
If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided in herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules.
If you are initiating arbitration, a copy of the demand shall also be emailed to legalnotices@bloomberg.net. If you are a Bloomberg registered user, any demand initiating arbitration, whether filed by you or Bloomberg, must include the email address you used to register with Bloomberg.
The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM
Legal Rights & Agreement Rules · Restriction or exception
By using the site in any way you unconditionally consent that any claim, dispute or controversy, in contract, tort or otherwise, that you have against Bloomberg and its parent, subsidiaries, affiliates and their current or former members, officers, directors and employees (the 'Bloomberg Entities') arising out of, relating to or connected in any way with Bloomberg's website or app or the TOS is a 'Dispute' resolved exclusively by final and binding arbitration under section 14 (the 'Arbitration Agreement'). Disputes include the scope, enforceability or applicability of the Arbitration Agreement, whether all or part is void or voidable, whether a claim is subject to arbitration, and disputes about administrative or arbitrator fees. The Agreement covers claims arising before it existed or before any prior agreement and claims arising after its termination, in accordance with the notice and opt-out provisions, and is governed by the Federal Arbitration Act. You may opt out of the Arbitration Agreement by written notice to legalnotices@bloomberg.net with the subject line 'ARBITRATION OPT-OUT' within thirty (30) days of July 31, 2023 or your first use of the Service, whichever is later; if you opt out, Bloomberg is also not bound by it.
You agree that by using this site in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Bloomberg and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “Bloomberg Entities”) arising out of, relating to, or connected in any way with Bloomberg’s website or app or these TOS
including the determination of the scope, enforceability, or applicability of this Arbitration Agreement (as defined below), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) (“Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section 14 (“Arbitration Agreement”).
This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.
This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to legalnotices@bloomberg.net with the subject line, “ARBITRATION OPT-OUT”. The notice must be sent within thirty (30) days of (a) July 31, 2023; or (b) your first use of the Service, whichever is later.
If you opt out of the Arbitration Agreement, Bloomberg also will not be bound by it.
Legal Rights & Agreement Rules · Restriction or exception
Despite agreeing to arbitrate all Disputes, each party keeps the right to (i) elect to have claims resolved in small claims court on an individual basis for disputes within that court's jurisdiction, regardless of the forum the filing party first chose; (ii) bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction or other equitable relief in a court of competent jurisdiction on whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief does not waive the right to arbitrate, and related filed arbitrations are automatically stayed pending the outcome of the court action.
each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose;
(ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation;
(iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court.
Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
Legal Rights & Agreement Rules · Restriction or exception
To the maximum extent allowed by law, except as set out in subpart (vi) (batch arbitration), any arbitration is conducted in an individual capacity only and not as a class or collective action, and the arbitrator may award relief only in favor of the individual party seeking relief and only as needed to resolve that party's claim, unless Bloomberg consents to consolidate in writing. Unless Bloomberg consents in writing, it does not agree to class arbitration, private attorney general arbitration or arbitration involving joint or consolidated claims under any circumstances, except under subpart (vi). If subpart (iii) or subpart (vi) is found invalid, unenforceable or illegal, the entire Arbitration Agreement is null and void and neither side may arbitrate the dispute, though other invalid parts are severed and the rest remains in effect.
ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS BLOOMBERG PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
Unless Bloomberg otherwise consents in writing, Bloomberg does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (vi).
If, however, this subpart (iii) or subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Bloomberg shall be entitled to arbitrate their dispute.
Legal Rights & Agreement Rules · Restriction or exception
If any part of the Arbitration Agreement is invalid, unenforceable, illegal or conflicts with NAM rules, the rest stays in effect as if that part were not there, except for subpart (iii) (class and collective waiver) and subpart (vi) (batch arbitration). If subpart (iii) or (vi) is found invalid, unenforceable or illegal, the entire Arbitration Agreement is null and void and neither you nor Bloomberg may arbitrate the dispute.
With the exception of this subpart (iii) and subpart (vi) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
If, however, this subpart (iii) or subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Bloomberg shall be entitled to arbitrate their dispute.
Legal Rights & Agreement Rules · Procedure
The arbitration is administered by National Arbitration and Mediation (NAM) and conducted before a sole arbitrator under NAM's rules, including as applicable the NAM Comprehensive Dispute Resolution Rules and Procedures, the rules on fees for disputes when one party is a consumer, and the Mass Filing Dispute Resolution Rules and Procedures, in effect when the demand is filed, excluding any rules or procedures governing or permitting class or representative actions. The rules are available at www.namadr.com or by emailing NAM's Commercial Dept.
The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions.
The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.
Legal Rights & Agreement Rules · Procedure
For U.S. residents, the arbitration is held at a location determined under the NAM rules that is reasonably convenient for you and no more than 100 miles from your home or place of business, or at another location you and Bloomberg agree on. For non-U.S. residents it is held in New York City unless the parties agree otherwise. The arbitrator applies New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, honors recognized privileges, may grant any relief a court could under law or equity, and may impose NAM-rule sanctions for frivolous or bad-faith claims or submissions and for a party's failure to follow the informal dispute resolution procedure.
For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon.
For non-U.S. residents, the arbitration shall be held in New York City, New York (unless otherwise agreed by the parties).
The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.
The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.
Legal Rights & Agreement Rules · Procedure
If the amount in controversy is $10,000 or less and you do not seek injunctive or declaratory relief, the arbitration is conducted solely on documents you and Bloomberg submit, unless the arbitrator decides a hearing is necessary or the parties agree otherwise. If the amount exceeds $10,000 or declaratory or injunctive relief is sought, either party may request (or the arbitrator may decide) a hearing, held by videoconference or telephone unless the parties agree otherwise.
If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Bloomberg submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise.
If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Legal Rights & Agreement Rules · Procedure
Subject to NAM rules, the arbitrator has discretion to allow dispositive motions if likely to efficiently resolve or narrow issues. Unless law prohibits it, all arbitration proceedings are confidential and closed to the public and to anyone other than you and Bloomberg (and each party's authorized representatives and agents), and all related records are permanently sealed, except as necessary to obtain court confirmation of the award, where the party seeking confirmation must seek to file records under seal to the extent the law permits.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Bloomberg (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
Legal Rights & Agreement Rules · Procedure
If 100 or more similar arbitration demands (same or substantially similar facts, claims and relief) presented by or with the assistance or coordination of the same law firm or organization are submitted to NAM against Bloomberg (a 'Mass Filing'), the parties agree to administer them in batches of 100, with only one batch filed, processed and adjudicated at a time, one arbitrator per batch, and applicable fees (including any NAM fee reduction) accepted. No other demand in the Mass Filing may be filed, processed or adjudicated until the prior batch is done. Fees for a demand in a Mass Filing are due only once it is included in a batch proceeding that is properly designated, and the staged process continues until every demand, including yours, is adjudicated or resolved. Your claims remain tolled until your demand is decided, withdrawn or settled.
in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Bloomberg (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch
with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch;
(v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Bloomberg and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication;
If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
Legal Rights & Agreement Rules · Procedure
Arbitrator selection for each batch follows the NAM rules as far as possible, and the arbitrator determines the location of the proceedings. You agree to cooperate in good faith with Bloomberg and the arbitration provider to implement the batch approach or a similar approach, including paying combined reduced fees set by NAM in its discretion for each batch, and to cooperate on other processes the provider or arbitrator thinks will efficiently resolve claims. A procedural arbitrator appointed by NAM resolves any disagreement on whether the provision applies or on batching procedure. The provision does not raise the number of claims needed to trigger NAM's Mass Filing rules and does not authorize class arbitration; unless Bloomberg consents in writing, it does not agree to class arbitration, private attorney general arbitration or joint or consolidated claims, except under subpart (vi).
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with Bloomberg and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims.
Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM.
This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
Unless Bloomberg otherwise consents in writing, Bloomberg does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (vi).
Legal Rights & Agreement Rules · Restriction or exception
The parties agree the batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If it is found invalid, unenforceable or illegal, the entire Arbitration Agreement is null and void, and neither you nor Bloomberg may arbitrate any claim that is part of the Mass Filing.
The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing.
If the batching provision in this subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Bloomberg shall be entitled to arbitrate any claim that is a part of the Mass Filing.
Legal Rights & Agreement Rules · Procedure
The results of the first batch go to a NAM mediator chosen from five proposed mediators, with Bloomberg and the remaining claimants' counsel each striking one and then ranking the rest. The mediator tries to facilitate a resolution of the remaining demands, and Bloomberg, the mediator and the remaining claimants have 90 days (the 'Mediation Period') to agree on a resolution or a methodology. If they cannot resolve the demands or agree on a methodology for further arbitrations, either Bloomberg or any remaining claimant may opt out of the arbitration process and have the demands proceed in court, with written notice within 60 days of the close of the Mediation Period. If nobody opts out and there is no agreed methodology, the arbitrations continue with the batching process, in the order of the sequential numbers assigned in the Mass Filing. This opt-out does not opt anyone out of Section 15, 'Class Action Waiver', which says you may resolve Disputes with Bloomberg only on an individual basis.
The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators
After the results are provided to the mediator, Bloomberg, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands.
either Bloomberg or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period.
Opt out of arbitration under this section shall not be construed as opt out of Section 15 titled “Class Action Waiver” below.
15. Class Action Waiver.
You may only resolve Disputes with Bloomberg on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action.
Legal Rights & Agreement Rules · Procedure
The arbitrator's decision is controlled by the TOS and any other agreements referenced in them that the user has entered into in connection with the website. The arbitrator renders an award within the time frame in the NAM rules, with essential findings and conclusions, and judgment on the award may be entered in any court having jurisdiction. The arbitrator may award monetary damages and non-monetary relief on an individual basis to the extent available under applicable law, the forum's rules and the Arbitration Agreement. The parties agree the damages or other relief must be consistent with the types and amounts allowed by the 'Disclaimer and Limitation of Liability' section of the TOS. Except for decisions in arbitrations joined in a single batch, an individual award has no preclusive effect on issues or claims in any dispute with anyone who is not a named party. Attorneys' fees are available to the prevailing party if authorized by the substantive law governing the claims.
The arbitrator’s decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website.
Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement.
The parties agree that the damages and/or other relief must be consistent with the terms of the “Disclaimer and Limitation of Liability” section of these TOS as to the types and the amounts of damages or other relief for which a party may be held liable.
Except for decisions in arbitrations that are joined together in a single batch, no individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.
Legal Rights & Agreement Rules · User right or choice
You may opt out of the Arbitration Agreement and not be bound by it by sending written notice of your decision to legalnotices@bloomberg.net with the subject line 'ARBITRATION OPT-OUT'. The notice must be sent within thirty (30) days of July 31, 2023 or your first use of the Service, whichever is later; otherwise you are bound to arbitrate disputes under these paragraphs. If you opt out, you may exercise your right to a trial by jury or judge as permitted by applicable law, but any prior agreement to arbitrate under an earlier version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out, Bloomberg also will not be bound by the Arbitration Agreement.
You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to legalnotices@bloomberg.net with the subject line, “ARBITRATION OPT-OUT”.
The notice must be sent within thirty (30) days of (a) July 31, 2023; or (b) your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed.
If you opt out of the Arbitration Agreement, Bloomberg also will not be bound by it.
Legal Rights & Agreement Rules · Company commitment
Bloomberg will give thirty (30) days' notice of any material changes to the 'Mandatory Arbitration and Class Action Waiver' section. Changes take effect 30 days after the notice and apply to all claims not yet filed, regardless of when they accrued. If Bloomberg changes the section after you first accepted the Arbitration Agreement (or any later change), your continued use of the Service 30 days after the change is deemed acceptance. This specific notice rule differs from the opening paragraph, under which BLP's amendments to the TOS generally take effect immediately.
Bloomberg will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” section.
Any such changes will go into effect 30 days after Bloomberg provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued.
your continued use of the Service 30 days after such change will be deemed acceptance of those changes.
Legal Rights & Agreement Rules · Restriction or exception
You may only resolve Disputes with Bloomberg on an individual basis and may not bring a claim as a plaintiff or class member in a class, collective, consolidated or representative action. Except as described in Section 14(vi), class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations are not allowed.
15. Class Action Waiver.
You may only resolve Disputes with Bloomberg on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action.
Except as described in Section 14(vi), class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.
Legal Rights & Agreement Rules · Restriction or exception
You represent, warrant and covenant to Bloomberg and its affiliates that neither you nor anyone acting on your behalf or at your direction will use (or enable others to use) the Services or anything created with them in connection with (i) activities relating to nuclear, chemical or biological weapons proliferation, terrorism, corruption, undermining of democratic rights and government, money laundering, tax evasion or human rights violations, or other similarly egregious activities, or (ii) activities in, or for the benefit of, jurisdictions where Bloomberg has chosen for reputational and/or operational reasons not to market or support its services, which currently are Cuba, North Korea, Iran and the non-Ukraine-government-controlled regions of Ukraine (each an 'Excluded Jurisdiction'). Bloomberg or its affiliates will notify you of updates to the list of Excluded Jurisdictions under paragraph 17(d).
You represent, warrant and covenant to Bloomberg and its affiliates that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with activities: (i) relating to nuclear, chemical or biological weapons proliferation, terrorism, corruption, undermining of democratic rights and government, money laundering, tax evasion or human rights violations, or other similarly egregious activities
(ii) in, or for the benefit of, jurisdictions in which for reputational and/or operational reasons Bloomberg has chosen not to market or otherwise support the offering of its services, which currently consist of Cuba, North Korea, Iran and the non-Ukraine-government-controlled regions of Ukraine (each, an “Excluded Jurisdiction”).
Bloomberg or its affiliates will notify you of updates to the list of Excluded Jurisdictions in accordance with paragraph 17(d).
Legal Rights & Agreement Rules · Restriction or exception
Notwithstanding any other provision of the TOS, Bloomberg does not represent that the Service or anything created with it is appropriate or available for use in any particular location or for any or all purposes.
(a) Notwithstanding any other provision of these TOS, Bloomberg does not represent that the Service or anything created using the Service is appropriate or available for use in any particular location or for any or all purposes.
Legal Rights & Agreement Rules · Restriction or exception
You represent, warrant and covenant that neither you nor anyone acting on your behalf or at your direction will use (or enable others to use) the Service, included software or anything created with the Service in connection with activity (i) in or for the benefit of a country or region subject to comprehensive sanctions or export controls by the UN, United States, European Union, United Kingdom or any country in which Bloomberg or its affiliates operate services, as notified to you under paragraph 17(d) (a 'Sanctioned Jurisdiction'); (ii) to or for the benefit of the government of, or a person located in, normally resident in or organized under the laws of, an Excluded Jurisdiction or Sanctioned Jurisdiction; (iii) involving or benefiting a government or person whose assets are blocked or frozen or who is restricted by a Sanctioning Authority (a 'Prohibited Party'); (iv) for transacting in, financing or dealing in prohibited equity or debt of, or extending credit to, persons subject to sanctions prohibiting such activities; or (v) for any purpose prohibited under the economic sanctions or export controls of any Sanctioning Authority. Each time you receive or use the Service or anything created with it, you are deemed to represent and warrant that none of you, anyone acting on your behalf or at your direction, or anyone on whose behalf you act is located in, normally resident in, organized under the laws of, or the government of, an Excluded Jurisdiction or Sanctioned Jurisdiction, or is a Prohibited Party.
(b) You represent, warrant and covenant to Bloomberg and its affiliates that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Service, any software included in or downloaded from the Service or anything created using the Service in connection with activity: (i) in, or for the benefit of, any country or region with respect to which the United Nations, United States, European Union, United Kingdom, and/or any country in which Bloomberg or its affiliates operate services (as notified to you in accordance with paragraph 17(d)) (the “Sanctioning Authorities”) maintains sanctions and/or export controls prohibiting all or substantially all shipment or provision of services, goods, technology or software (a “Sanctioned Jurisdiction”);
(iii) involving or benefiting a government or person whose assets a Sanctioning Authority has blocked or frozen or to which a Sanctioning Authority restricts the shipment or provision of services, goods, technology or software (a “Prohibited Party”);
(v) for any purpose that would be prohibited under the economic sanctions or export controls of any Sanctioning Authority.
Each time you receive or use the Service or anything created using the Service, you shall be deemed to represent and warrant to Bloomberg and its affiliates that none of you, any person who acts on your behalf or at your direction, or any person on whose behalf you are acting, is: (i) located in, normally a resident of, legally organized under the laws of, or the government of, any Excluded Jurisdiction or Sanctioned Jurisdiction; or (ii) a Prohibited Party.
Legal Rights & Agreement Rules · Company practice
Without limiting paragraph 11, Bloomberg reserves the right to suspend or terminate all or part of the Services to you to avoid violating, or the risk of violating, applicable laws or regulations, including sanctions and export controls, or engaging in activities or with parties not meeting these requirements. In some cases it may be required to do so immediately, and it will attempt to notify you of the suspension or termination within a reasonable time.
(c) Without limiting paragraph 11 above, Bloomberg reserves the right to suspend or terminate all or a portion of the Services to you to avoid violating or incurring the risk of violating applicable laws or regulations, including sanctions and/or export controls, or engaging in activities or with parties not comporting with the foregoing requirements.
In certain instances, Bloomberg may be required to do so immediately. Bloomberg will attempt to notify you of such suspension or termination within a reasonable time.
Legal Rights & Agreement Rules · Context
Paragraph 17(d) refers you to https://www.bloomberg.com/trade-controls for Bloomberg's latest regional, economic and trade requirements notices. That page's content is not part of the supplied text.
Bloomberg’s latest regional, economic and trade requirements notices.
Legal Rights & Agreement Rules · Company practice
You accept that BLP may change the content or technical specifications of any aspect of the Service at any time in its sole discretion, and that changes may leave you unable to access the Service. Bloomberg's failure to exercise or enforce a right or provision is not a waiver of it. Sections 2 through 10, 11(c) and 12 through 20 survive any termination of the TOS.
You accept that BLP has the right to change the content or technical specifications of any aspect of the Service at any time in BLP’s sole discretion. You further accept that such changes may result in your being unable to access the Service.
The failure of Bloomberg to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Sections 2 through 10, 11(c), and 12 through 20 shall survive any termination of the TOS.
Legal Rights & Agreement Rules · Context
The section titles in the TOS are used solely for the convenience of you and Bloomberg and have no legal or contractual significance.
The section titles in the TOS are used solely for the convenience of you and Bloomberg and have no legal or contractual significance.
Legal Rights & Agreement Rules · Restriction or exception
If any provision of the TOS is found invalid or unenforceable, that provision is enforced to the maximum extent permissible and the other provisions remain in force.
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
Legal Rights & Agreement Rules · Context
The TOS and any other terms and conditions of service on this site, and its successor, make up the entire agreement between you and BLP, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements on the subject matter. The TOS may not be amended, nor any obligation waived, without Bloomberg's written authorization.
The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and BLP, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.
These TOS may not be amended, nor any obligation waived, without Bloomberg’s written authorization.
Legal Rights & Agreement Rules · Context
The Bloomberg L.P. Terms of Service and Privacy Policy are available in local language for subscribers located in Latin America, through links on the page. Those local-language documents are not part of the supplied text.
are available in local language.
Legal Rights & Agreement Rules · Context
Parts D through F consist of links: one for inquiries about the site's content, one for the Bloomberg FAQ, one for the Currency data disclaimers, and one for the Law enforcement data request statement. The content of those linked pages is not part of the supplied text.
for inquiries regarding this site’s content.
for the Bloomberg FAQ.
for the Currency data disclaimers
for the Law enforcement data request statement
Legal Rights & Agreement Rules · Context
Part I states that Bloomberg L.P. is authorized and regulated by the UK Financial Conduct Authority (FCA) under reference number 206006, and Bloomberg Tradebook Europe Limited under reference number 187492, with details on the UK Financial Services Register. It gives Bloomberg L.P.'s head office in New York and a UK office in London, the registered office and registration number of Bloomberg Tradebook Europe Limited, and a group VAT number for both. It gives FCA contact details and a named contact at the New York office.
Bloomberg L.P. is authorized and regulated by the UK Financial Conduct Authority (the “FCA”) under reference number 206006. Bloomberg Tradebook Europe Limited is authorized and regulated by the FCA under reference number 187492.
The head office of Bloomberg L.P. is at 731 Lexington Avenue, New York, New York 10022, United States, with an office in the United Kingdom at 3 Queen Victoria Street, London, England, EC4N 4TQ.
The FCA can be contacted at Tel. +44 20 7066 1000
The contact at our New York office is:
Legal Rights & Agreement Rules · Context
Part J is written in Chinese and is headed 'Telecommunication Terms for Taiwanese Customers'. Its title is 'Operating Rules of the Bloomberg High Speed Data Network Business of the Taipei Branch of Bloomberg News Co. (US)' (美商彭博新聞有限公司台北分公司). Article 1 defines the 'Business' as the various financial information services the branch ('the Company') provides using the Bloomberg High Speed Data Network. The text does not say how the branch relates to Bloomberg L.P. or whether these rules apply to Bloomberg.com website or digital news subscribers.
美商彭博新聞有限公司台北分公司 彭博高速資訊網路業務營業規章
第 一 條 彭博高速資訊網路（英文名稱： Bloomberg High Speed Data Network）業務（以下簡稱「本業務」），係指美商彭博新聞有限公司台北分公司（以下簡稱「本公司」）利用彭博高速資訊網路所提供之各項財經資訊服務。
Legal Rights & Agreement Rules · Context
Article 2 says the Business covers 'Store and Retrieve Network' services (for example phone secretary, online information access, electronic bulletin boards, electronic data interchange, unified message service, electronic document services, voice messages and voice mailbox) and 'Store & Forward Network' services (for example fax store-and-forward, transaction services and data network services). Article 3 says a user renting the Business must apply to the Company as it requires and sign a related user contract stating rights and obligations. Article 5 says the acquisition, installation and ownership of the hardware and software needed by the Business follow the Company's business rules or the user contract.
第 二 條 本業務之營業項目為「存取網路服務(Store and Retrieve Network)」（如電話秘書、線上資訊接取、電子佈告欄(BBS)、電子資料交換、統合信息服務(Unified message service)、電子文件服務、語音訊息、語音信箱服務），及「存轉網路服務（Store & Forward Network）」（如傳真存轉、交易服務、數據網路服務）。
第 三 條 用戶租用本業務，應依本公司規定向本公司申請並簽訂相關用戶合約，載明各項權利義務。
第 五 條 本業務系統所需各項硬體及軟體設備之取得、設置以及所有權，均依本公司相關業務規定或用戶合約約定辦理。
Legal Rights & Agreement Rules · Restriction or exception
Article 4 says the telecommunication lines and equipment that connect the user's end to the Bloomberg High Speed Data Network are leased by the Company from a Class I telecommunications business, on that business's lease conditions. Installation, maintenance and communication quality are the responsibility of the Class I business, and the Company only liaises with it on the user's behalf.
第 四 條 自用戶端連結至彭博高速資訊網路之電信機線設備，應由本公司負責向第一類電信事業承租，其租用條件應依該第一類電信事業之規定訂之，且其架設、維修、通信品質等均由該第一類電信事業負責，本公司僅負責代用戶與該第一類電信事業聯繫。
Legal Rights & Agreement Rules · Company commitment
Article 14 says if equipment faults or interruptions of the Company's or other operators' systems cause errors, delays, interruptions or failure to deliver, the Company is not liable for damages under Article 23 of the Telecommunications Act, but must deduct service fees: (1) if an interruption lasts 12 hours or more and is not restored, one thirtieth of the monthly service fee is deducted for every 12 hours; (2) the total deducted in a month is capped at the total service fees payable for that month; and (3) the interruption starts when the Company notices it or receives the user's notice, unless records show the actual start time. Article 15 says that after receiving a user's interruption notice the Company must immediately begin inspection and repair and remove the cause as soon as possible to maintain service quality.
第十四條 用戶使用本業務，如因本公司或其他電信業者之系統設備障礙、阻斷，以致發生錯誤、遲滯、中斷或不能傳遞時，本公司依電信法第二十三條之規定不負損害賠償責任，但應依下列規定扣減服務費： 一、若服務中斷達十二小時以上，而本公司仍未能使其恢復者，每中斷十二小時扣減每月服務費之三十分之一。 二、當月因通信不通所扣減之服務費總額應以當月所應繳納之服務費總數為限。 三、服務中斷之起始時間，以本公司察覺服務中斷或接獲用戶服務中斷之通知時為準，但若有紀錄證明服務中斷之實際起始時間者，以中斷實際發生之時為準。
第十五條 本公司接獲用戶有關服務中斷之通知後，應立即展開系統之檢查及修復，並儘速排除服務中斷之原因，以維持本業務之服務品質。
Legal Rights & Agreement Rules · Procedure
Article 16 says users with comments or complaints about the Business may contact the Company on the customer service number +886-2-7719-1592. Article 17 says the Company must comply with the Telecommunications Act and ensure the secrecy of users' communications through the Business. Article 19 says matters not covered by the rules follow applicable laws and the user contract. Article 20 says the rules take effect from the announcement date, and likewise when changed.
第十六條 用戶若對於本業務有任何意見或申訴，得利用客服電話：+886-2-7719-1592與本公司聯絡。
第十七條 本公司應遵守電信法之相關規定，確保用戶使用本業務之通訊秘密。
第十九條 本營業規章未盡事宜，悉依相關適用法令以及用戶合約之規定辦理。
第二十條 本營業規章自公告日起施行，於有變更時亦同。
Legal Rights & Agreement Rules · Context
These Terms of Service (TOS) set the legal terms for using www.Bloomberg.com and any other online and mobile websites, blogs and interactive applications operated by Bloomberg L.P. (BLP). If a particular site, application or service provides a different policy, that different policy governs and controls for that site, application or service instead.
These TOS set forth the legal terms and conditions governing your use of our website located at www. Bloomberg.com and any other online and mobile websites, blogs and interactive applications operated by Bloomberg L.P. (“BLP”)
(unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control)
Legal Rights & Agreement Rules · Restriction or exception
By continuing to access, link to, or use the site or any service on it, you signify acceptance of the TOS, expressly including the arbitration agreement and class action waiver described in paragraph 14. Using the site after modifications are posted counts as accepting the TOS as modified. If you do not wish to accept the TOS at any time, you may not access, link to, or use the site.
By continuing to access, link to, or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 14 BELOW.
14. Mandatory Arbitration and Class Action Waiver.
If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site.
Legal Rights & Agreement Rules · Company practice
BLP reserves the right to amend, remove or add to the TOS at any time, and changes are effective immediately. For changes BLP deems material, it will post a notice by revising the link on the Bloomberg.com homepage to read substantially as 'Updated Terms of Use' for an amount of time BLP determines in its discretion. Your continued access, linking or use after modifications are posted counts as acceptance of the TOS as modified, and you are asked to keep reviewing the TOS.
BLP reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately.
For changes to these TOS that we deem material, we will place a notice on
by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine in our discretion.
Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified.
Legal Rights & Agreement Rules · Restriction or exception
Any terms and conditions you propose that are in addition to or conflict with the TOS are expressly rejected by BLP and have no force or effect.
Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by BLP and shall be of no force or effect.
Legal Rights & Agreement Rules · Context
The opening list names the parts of the document: General Terms, Subscription Terms, Linking Terms and Conditions, Inquiries Regarding this Site's Content, Currency data disclaimers, Law enforcement data request statement, Intellectual Property Issues, Privacy Policy for this Web Site, Electronic Commerce Information and Telecommunication Terms for Taiwanese Customers. It also links to the General and Operational Rules of The Information System Managed by Bloomberg Colombia LLC, a PDF whose text is not part of this saved document.
General Terms
Subscription Terms
Linking Terms and Conditions
Inquiries Regarding this Site’s Content
Currency data disclaimers
Law enforcement data request statement
Intellectual Property Issues:
Privacy Policy for this Web Site
Electronic Commerce Information
Telecommunication Terms for Taiwanese Customers
General and Operational Rules of The Information System Managed by Bloomberg Colombia LLC