Terms of Service
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) FOR THE BLOOMBERG ASSESSMENT™ (BAT ™) PRODUCT WEB SITE (“THIS SITE”) BEFORE USING THIS SITE. By continuing to access or use this Site, or any service on this Site, you signify YOUR ACCEPTANCE OF THE TOS. Bloomberg L.P. (“BLP”) in Argentina and China or Bloomberg Finance L.P. (“BFLP”) in all other jurisdictions, offers and distributes the Services to you in your jurisdiction and reserves the right to amend, remove, or add to the TOS at any time (the applicable entity with which you have contracted for the Services, “Bloomberg”). The Services are owned by BFLP. BFLP is a wholly-owned subsidiary of BLP. BLP provides BFLP with all global marketing and operational support and service for the Services and distributes the Services either directly or through a subsidiary other than BFLP in Argentina and China. Modifications to the TOS shall be effective immediately. Accordingly, please continue to review the TOS whenever using this Site. Your access to or use of this Site, or any service on this Site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If at any time you do not wish to accept the TOS, you may not access or use this Site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Bloomberg and shall be of no force or effect.
A. General Terms
1. User Consent to the TOS and User Site Participation.
You represent, warrant, and covenant that you (i) are at least eighteen (18) years old; and (ii) are a visitor, candidate, or recruiter as those terms are defined below. Each time you use the Services, you shall be deemed to represent, warrant, and covenant to Bloomberg that: (i) you have read and agree to be bound by the TOS and you have all requisite regulatory and legal authority to enter into and be bound by the TOS; and (ii) your use of the Services complies with all applicable laws, rules, and regulations, including but not limited to, data protection, privacy, employment, and security laws. You covenant that you shall not use the Services or any information obtained through the Services in violation of any law. If you are at least eighteen (18) years old and you have not reached the age of majority in your jurisdiction, you may only use the Services if your parent or guardian consents to your use of the Services, assumes the obligations provided in the TOS, and assumes full responsibility for your use of the Services.
The Services are intended for individuals interested in career development who visit this Site (each person, a “visitor”), visitors who register for and have taken the BLOOMBERG ASSESSMENT (BAT) test (each person, a “candidate”), and for individuals who have agreed to the Terms for the BAT (Recruiting), which are hereby incorporated into the TOS, and are (i) working as an employment recruiter; (ii) an employee working within the human resources department of an entity; or (iii) otherwise seeking to hire candidates for jobs, and (each person, a “recruiter”). Bloomberg, in its sole discretion, shall determine the intended and acceptable uses of the Services. You acknowledge that the Services are provided for information purposes only.
You represent, warrant, and covenant that you have completed any registration process necessary to use this Site, if required. If you are a user of the Services as set forth in this Section 1, then at any time you no longer satisfy this provision, you must immediately cease using the Services (as defined below).
You shall comply with all other applicable terms and conditions of use set forth in connection with the Services, including, but not limited to, conduct rules for candidates presented at the time a candidate takes the BLOOMBERG ASSESSMENT (BAT) test and additional terms and conditions set forth on the Site, including but not limited to, the Terms for the BAT (Recruiting).
2. Intellectual Property.
a) This Site, including but not limited to, its information, data, materials, software, functionality, services, content, and equipment and related email messages and communications made by Bloomberg (the “Services”), is proprietary and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, directories, and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with the Services.
b) The Services were developed, compiled, prepared, revised, selected, and arranged by BFLP and others (including certain information sources) (individually and collectively, “IP Rights Holders”) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the IP Rights Holders. You acknowledge and agree that you have no ownership rights in or to the Services and that no such rights are granted under the TOS. You agree to protect the proprietary rights of the IP Rights Holders during and after your use of the Services. You shall honor and comply with all written requests made by the IP Rights Holders to protect their contractual, statutory, and common law rights in the Services with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts. You agree to notify Bloomberg in writing promptly upon becoming aware of any claim that the Services infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights. To notify BFLP of any claim, you should contact BLP, operating agent of BFLP, at 731 Lexington Avenue, New York, NY 10022, Telephone: (212) 318-2000, Facsimile: (917) 522-2600, e-mail: email@example.com or any successor operating agent or other party as specified by BFLP from time to time. To notify a Bloomberg entity other than BFLP, you should contact the entity with which you or your employer have contracted for the Services directly in the manner specified by that Bloomberg entity from time to time. BFLP shall retain all rights to all Data (as defined below) comprising or included in the Services (including without limitation, related information such as instructional materials and videos). The granting of this license does not affect the ownership of any data or materials, whether tangible or intangible.
c) You shall not use any of Bloomberg’s or its affiliates’ trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are identified with you or that you are associated with or licensed by Bloomberg or its affiliates to use such names or marks, and you acknowledge that you have no ownership rights in or to any of these names or marks.
a) All Users. By submitting information to Bloomberg, including but not limited to, scores for the BLOOMBERG ASSESSMENT (BAT) test and your registration information, you are permitting Bloomberg to submit your information to other users of the Services and other Bloomberg products and services for their use and so they can maintain copies of your information, and granting Bloomberg a royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, right to use and reproduce your information. You represent, warrant, and covenant that you have all necessary consents and rights in order to enable Bloomberg to make your information available to others and you consent to others receiving, retaining, and using your information. You agree that all information submitted, including your registration information, is true and not in any respect inaccurate, misleading, deceptive, or likely to mislead or deceive. Bloomberg reserves the right without prior notice not to send any user information to another individual, where Bloomberg considers such information or the user’s actions to be in breach of the TOS. Any acceptance by Bloomberg shall not be deemed to constitute an acceptance by Bloomberg that such user information is provided in accordance with the TOS nor shall it constitute a waiver of Bloomberg’s rights. Bloomberg shall not be held responsible for any addition to, changes in, deletions from, delay in publication or withdrawal of any user information required by any competent authority having jurisdiction over or responsibility for regulation. You understand and agree that Bloomberg may establish guidelines and procedures that must be followed in order for you to receive another user’s information, especially the user’s personally identifiable information.
b) Visitors. Bloomberg grants to you a nonexclusive, nontransferable, and limited license to access and use the Services (collectively, “Use the Services”) only for your personal use and benefit for career development, including seeking employment opportunities. You shall not Use the Services other than as expressly permitted in the TOS as applicable to visitors. If you are a visitor, you are authorized to view the material on the Services for your personal, noncommercial use. If you are a visitor, you are prohibited from printing or downloading any material on the Services. The Services, including any information contained therein, are solely and exclusively for your use and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOS. You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with the TOS.
c) Candidates. Bloomberg grants to you a nonexclusive, nontransferable, and limited license to Use the Services only for your personal use and benefit (i) in order to register for and take the BLOOMBERG ASSESSMENT (BAT) test; and (ii) for career development, including seeking employment opportunities. You shall not Use the Services other than as expressly permitted in the TOS as applicable to candidates. If you are a candidate, you are authorized to view a single copy of the material on the Services solely for your personal, noncommercial use. If Bloomberg expressly permits downloading of the material on the Services, you are authorized to download a single copy of the material on the Services sole for your personal, non-commercial use. The Services, including any information contained therein, are solely and exclusively for your use and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOS. You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with the TOS.
d) Recruiters. (i) If you are a recruiter, then your access to and use of this Site and the Services is subject to the Terms for the BAT (Recruiting), which are hereby incorporated into the TOS.
(ii) You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with the TOS, including the Terms for the BAT (Recruiting). Bloomberg grants to recruiter a nonexclusive, nontransferable and limited license to Use the Services only as expressly permitted in the TOS. The Services shall not be used for any illegal purpose or in any manner inconsistent with the TOS. The Services, data, and information made available via the Services (“Data”) and any portion thereof, including, without limitation, names, contact details, and other data and information of or relating to candidates, are solely and exclusively for your individual business use in connection with your recruitment efforts and may not be used for resale or other transfer or disposition to or use by or for the benefit of, any other person for entity except as expressly provided by the TOS. Without limiting the foregoing sentence, you shall not make any Data available to any third parties, except that you may (i) make Data available to your employer (“Employer”) and immediate work colleagues for purposes of Employer’s hiring candidates for jobs; and (ii) make Limited Amounts (as defined below) of Data available to your clients for purposes of having such clients hire candidates for jobs, provided, however, that specific Data related to a given candidate is made available to a Limited Amount of clients and only in print form (not in electronic form) (ii); and provided further that, for each of (i) and (ii), you are solely and fully responsible for (x) the use and dissemination of any Data by any person that obtains access to any Data through or from you and (y) ensuring that any such person (I) does not further disseminate or make any such Data available to any third party and (II) subject to (I), complies with the TOS as if such person were you. If Bloomberg expressly permits downloading of Data, you may download a single copy of the Data to a non-server personal computer for your individual access. Data shall not be moved, ported, or otherwise routed to, or stored on, a server. Subject to the Terms for the BAT (Recruiting), Data may be used for a period of up to three (3) years from the date such Data is made available to you, and upon the expiration of such three (3) year period, you shall immediately discontinue use of such Data and delete or purge such Data , including any print and electronic copies of such Data. As used herein, “Limited Amount” shall mean a de minimus amount and/or type, in quantity, frequency of distribution and/or scope of distribution, as determined in Bloomberg’s sole judgment.
(iii) You grant Bloomberg and its affiliates a royalty-free, non-exclusive license to use certain of its names, trademarks, and/or logos for the purpose of enabling Bloomberg to perform our obligations under the TOS.
e) Restrictions. Except as specifically permitted by the TOS, you may not copy or make any use of the Services or any portion thereof. You agree that you may not use the Services for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Except as expressly permitted in the TOS, you shall not (i) recirculate, distribute, scrape, store, print, email, transmit, publish, broadcast, copy, download, or otherwise use the Services, Data, or any portion thereof in any form or by any means except with the prior written consent of Bloomberg, and the consent of certain third-party Data providers and other providers of Data or services available through the Services, including the applicable candidate or recruiter; (ii) share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Services, Data, or any portion thereof; or (iii) store Data or include Data in a database. For the avoidance of doubt, if you are a visitor, you may not recirculate, distribute, scrape, store, print, email, transmit, publish, broadcast, copy, download, or otherwise use any Data. For the avoidance of doubt, if you are a candidate, you may not download any Data other than in accordance with Section 3(c) and this Section 3(e). For the avoidance of doubt, if you are a recruiter, you may not download any Data other than in accordance with Section 3(d) and this Section 3(e). Except as permitted by the TOS, you shall not sell, license, or distribute Data to third parties or use Data as a component of or as a basis for any material offered for sale, license, or distribution. Notwithstanding anything to the contrary in the TOS, you may not use or distribute, and may not permit any third party to use or distribute, the Services or Data in any manner (including, without limitation, with respect to quantity, frequency of access, or distribution or scope of distribution, as applicable) that could, in Bloomberg’s good faith judgment, either cause the Services or Data so used to: (w) be a source of or substitute for the Services or Data; (x) affect Bloomberg’s ability to realize revenue in connection with the Services or Data; (y) compete with the business of Bloomberg or its affiliates; or (z) negatively affect Bloomberg’s network or servers, including without limitation the speed of delivery of Data. Notwithstanding anything to the contrary in the TOS, Bloomberg, in its sole discretion, reserves the right to terminate your access to and use of the Services, or any portion thereof, and temporarily or permanently to block access to the Services, including the ability to download or distribute any Data, at any time without notice and effective immediately. Unauthorized access or use of the Services or Data is unlawful and Bloomberg and its suppliers shall have all rights provided by law to prevent such access or use and to collect damages in such event.
f) Additional Restrictions: You shall not: (i) use this Site in any manner that could harm, take over, disable, overburden, or otherwise impair any of Bloomberg’s computer systems; (ii) interfere with any other party’s use and enjoyment of this Site, or any of the content, information or services provided on this Site; (iii) access, monitor or copy any content or information on this Site, including but not limited to user information, or this Site’s architecture, using any robot, spider, scraper, web crawler, or other automated means or any similar manual process or any software; (iv) violate the restrictions in any robot exclusion headers of this Site, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services; (v) attempt to gain unauthorized access to any services, servers, or networks used by this Site through any means; (vi) attempt to gain access to the Services or Data through any means not intentionally made available by Bloomberg; (vii) use the Services, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Bloomberg or its affiliates in unsolicited mailings or spam material; (viii) use the Services, or the information contained therein, for any illegal or unlawful purpose, including, but not limited to, engaging in (or attempts to engage in) stalking, fraud, harassment, any criminal activity, and conspiracy to commit any criminal activity; (ix) use the Services, or the information contained therein, for any discriminatory purpose or in any discriminatory manner; (x) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (including a particular recruiter), including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph; (xi) use the Services, or the information contained therein, to sell or promote any products or services; or (xii) use the Services, or the information contained therein, to respond to or contact others in any manner or for any purpose other than that which is expected (i.e., to initiate or have further discussion regarding career development, including employment opportunities).
g) Submissions. If you submit material to this Site or to Bloomberg or its representative, unless Bloomberg indicates otherwise, you grant Bloomberg a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit others to access, store, or reproduce such material for that user’s use and dissemination. You grant Bloomberg the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material does not contain any personally identifiable information of any other person unless that person authorized you to disclose the information; that the material you submit is truthful and accurate; that use of the material you supply does not violate this TOS and will not cause injury to any person or entity; that the material you submit will not violate any laws or regulations or right of any third party, including without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws; and that you will indemnify Bloomberg and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. Bloomberg and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any material submitted by you.
4. Fees and Charges.
Bloomberg reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Bloomberg requires a fee for portions of the Service or the Service as a whole, Bloomberg will require you to register and create an account. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Bloomberg or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. All amounts paid by you to Bloomberg in connection with the Services shall be non-refundable. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time in Bloomberg’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Bloomberg receives all fees and charges payable by you, including the Prepaid Fee.
5. Registration, Access, and Security.
a) Registration and User ID. As part of the registration process which may be necessary to obtain access to the Services, certain registration information will be provided to Bloomberg. You represent that your registration information is accurate and truthful. You shall promptly update the registration information through the Services (including via any functionality and/or equipment provided by Bloomberg) or as otherwise directed by Bloomberg in order to keep such information true, accurate, and up to date. Each registration is for a single user only. Bloomberg reserves the right to deny creation of your account based on Bloomberg’s inability to verify the authenticity of your registration information. You shall gain access to the Services through a unique username and password (your unique username and password, the “User ID”), which may be used by you to gain access to the Services only for so long as you are authorized to access and use the Services in accordance with the TOS. Such User ID enables you to access the Services on any non-server device permitted by Bloomberg (such as, but without limitation and at Bloomberg’s sole discretion, a desktop computer, laptop computer, phone or PDA, and hereafter a “Device”). You agree to treat the User ID as confidential and not to disclose such User ID, either directly or indirectly, to any person. You shall not use a User ID that Bloomberg, in its sole discretion, deems offensive or inappropriate. You are fully responsible for all usage and activity of the Services through you, including, but not limited to, any use of the User ID. You are responsible for all access by other users to materials that you maintain on the Services. Only you may access the Services through the User ID and access may not be shared with any other person or used in any manner that is inconsistent with the TOS. You agree to maintain only one account with the Services at any time and certify that you currently have no other account(s) with the Services. You also agree not to access the Services simultaneously from two or more Devices. You understand and agree that you have no ownership rights in your account. You understand and agree that if you cancel your account, Bloomberg and third parties may retain copies of information provided by you.
b) Security. You agree (i) immediately to notify Bloomberg at firstname.lastname@example.org of any known or suspected unauthorized use(s) of the Services, including but not limited to your User ID, or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of a User ID or your credit card information; and (ii) properly to exit the Services at the end of each session. BLOOMBERG SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS. If a Device on which the Services are accessed is sold or transferred to another party, you agree to delete all cookies and software files obtained by or through use of the Services that are stored on such Device. Notwithstanding anything else herein, Bloomberg reserves the right to pursue any and all claims against you and any person or entity using your User ID. If Bloomberg has reason to believe that there is likely to be a breach of security or misuse of the Services, then Bloomberg may require you to change your User ID or Bloomberg may suspend your account.
c) Audit and Monitoring. Bloomberg reserves the right periodically to audit and monitor (physically or electronically) the use of the Services to ensure compliance with the TOS and to maintain and improve the provision of the Services.
6. Disclaimer and Limitation of Liability.
a) User Authentication and Restrictions on Use. Bloomberg cannot and does not confirm or verify the information, including personally identifiable information, provided to it by others, including but not limited to recruiters. Bloomberg does not limit the identity of the BLOOMBERG ASSESSMENT (BAT) users to those who may access this Site or other Bloomberg services and products for any particular purpose. Bloomberg cannot guarantee that the BLOOMBERG ASESSMENT (BAT) users will comply with restrictions, if any, imposed by Bloomberg on their use. Bloomberg shall not be held responsible for: (i) another person’s conduct, including but not limited to, their conduct in relation to their possession, custody, control, or security of your information or other information provided via the Services; (ii) the suitability of others who possess your information or of a particular job; or (iii) the integrity of the scores in relation to any and all BLOOMBERG ASSESSMENT (BAT) tests conducted.
b) No Endorsement or Solicitation. Nothing on the Site or otherwise in connection with the BLOOMBERG ASSESSMENT (BAT) shall be considered an endorsement or representation with respect to the business practices, products, services, or otherwise of any user or third party. You acknowledge that: (i) the Services may include certain information taken from third party sources; (ii) the provision of certain parts of the Services are subject to the terms and conditions of other agreements to which Bloomberg is a party; and (iii) none of the information contained on the Site constitutes a solicitation, offer, opinion, 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, or any educational or career services.
c) The BLOOMBERG ASSESSMENT (BAT) and the Bloomberg Institute are not accredited programs or institutions, and are provided for informational purposes only. You understand, acknowledge, and agree that the BLOOMBERG ASSESSMENT (BAT) and the Bloomberg Institute do not represent and warrant that they conform with any educational or testing standards or qualifications prescribed by any private or governmental entity.
d) You acknowledge that the information provided in the Services 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 or subject Bloomberg or its affiliates to any liability or cause them to violate any law or regulation.
e) Liability. NEITHER BLOOMBERG NOR ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE SERVICES AND EACH DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER BLOOMBERG NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES (INCLUDING CANDIDATES BEING HIRED OR EMPLOYEES BEING RETAINED), OR TIMELINESS OF THE SERVICES IN MEETING YOUR OBJECTIVES (INCLUDING CAREER DEVELOPMENT AND EMPLOYMENT OBJECTIVES).
Bloomberg and its affiliates are not responsible or liable for any unauthorized access to or use of your personally identifiable information obtained or maintained. By accessing the Services, you acknowledge and agree to this disclaimer of liability. If you do not agree, you should not access or use the Services.
Bloomberg does not warrant that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by Bloomberg or its affiliates, are or will be free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and Bloomberg and its affiliates are not liable for any damage you may suffer as a result of such destructive features. None of Bloomberg, its affiliates, or their respective suppliers and third-party agents shall have any responsibility or liability, contingent or otherwise, for any injury or damages, whether caused by the negligence of Bloomberg, its affiliates, any of their respective employees, subcontractors, agents or equipment vendors or otherwise, arising in connection with the Services, or for any lost profits, losses, incidental, consequential, special, punitive, or exemplary damages or for any claim against you by any other party, even if Bloomberg has been advised specifically of the possibility of such damages. None of Bloomberg, its affiliates, or their respective suppliers guarantees the accuracy, correctness, completeness, quality, or timeliness of the Services or any programs, data, or other information furnished in connection therewith. You are solely responsible for the accuracy and adequacy of the data and information you use and the resultant output thereof. NEITHER BLOOMBERG NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS OF THE SERVICES, USERS OF OTHER BLOOMBERG PRODUCTS AND SERVICES, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY SUCH USERS.
Notwithstanding anything to the contrary set forth herein, to the maximum extent permitted by law, none of Bloomberg, its affiliates, or their respective suppliers shall, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies, delays, errors, or interruptions in the Services from whatever cause, or any loss or damage arising therefrom or occasioned thereby, or by reason of any nonperformance. Bloomberg does not control the content of other web sites, services, goods, or advertisements that may be linked to the Services and therefore is not responsible for the availability, content, or accuracy of linked web sites, services, goods, or advertisements, and does not make any endorsement, express or implied, of any web sites, services, goods or advertisements that may be linked to the Services. Bloomberg is not responsible for the reliability or continued availability of the services, communications media, and equipment you use to access the Services. You understand that Bloomberg may choose at any time to inhibit or prohibit the content of the Services from being accessed.
YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION OBTAINED THROUGH THE SERVICES SUCH AS THE DATA. YOU AGREE THAT BLOOMBERG IS NOT AN EMPLOYER WITH RESPECT TO YOUR USE OF THE SERVICES AND BLOOMBERG IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS MADE BY YOU AND OTHERS, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO BUSINESS PRACTICES, CAREER DEVELOPMENT PRACTICES, AND EMPLOYMENT PRACTICES.
Notwithstanding anything to the contrary in the TOS, to the extent permitted by law, the aggregate liability of Bloomberg and its affiliates arising in connection with the TOS and the Services for damages, regardless of the form of the action, in no event shall exceed the amount paid by you, if any, for accessing the Site and the Services and this shall be your exclusive remedy. Notwithstanding the foregoing, the TOS, shall not limit any liability for death or personal injury directly resulting from negligence if and to the extent such limitation would violate applicable law. No action, regardless of form, arising out of or pertaining to the Services may be brought by you more than one year after the cause of action has accrued.
f) Indemnification. (i) 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 Services, or any links on the Services, including, but not limited to: (i) your use or someone using your computer’s use of the Services; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Services by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Services by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. 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. 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, including without limitation, lawsuits arising from your failure to indemnify Bloomberg pursuant to the TOS.
(ii) In the event you have a dispute with one or more users, you release Bloomberg, its affiliates, or their respective suppliers from all claims, demands, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or contact.
g) Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected.
h) Remedies. If you breach or threaten to breach any provision of the TOS, Bloomberg shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Bloomberg from pursuing any action or other remedy for any breach or threatened breach of these TOS, all of which shall be cumulative. If Bloomberg prevails in any such action, Bloomberg shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith. Bloomberg retains the right temporarily or permanently to block access to the Services if Bloomberg, in its sole discretion, believes the Services have been or may be used for an improper purpose or in violation of the terms of the TOS or the rights of any third party.
i) Third-Party Communications. Bloomberg disclaims all liability for any third-party communication you may receive or any actions you may take or refrain from taking as a result of any communication directed to you from any third party, including without limitation, a recruiter or candidate, directly or indirectly in connection with this Site and the Services provided herein (“Third-Party Communication”). You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communication. Bloomberg assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communication.
You recognize that Bloomberg, its affiliated entities, their suppliers, and their affiliated entities (together, the “Covered Entities”), each have rights with respect to the Services, including the software, data, information and other items provided by Bloomberg and its affiliated entities by reason of your use of the Services. Section 6 shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees and representatives of the Covered Entities. The term “Bloomberg” as used in Section 6 hereof includes all the Covered Entities.
(i) If you are a visitor or candidate, you may terminate the TOS immediately upon written notice to Bloomberg if you also discontinue your access to and cease to Use the Services and destroy or purge all materials obtained from the Services. If you are a recruiter, then your termination rights and obligations are set forth in the Terms for the BAT (Recruiting).
(ii) Notwithstanding anything to the contrary in the TOS, Bloomberg reserves the right to terminate the TOS, or suspend or terminate your access to and use of the Services and Data, or any portion thereof, in its sole discretion, at any time without notice and effective immediately. The TOS and your access to the Services will terminate immediately without notice from Bloomberg if you, in Bloomberg’s sole discretion, fail to comply with any provision of the TOS. Bloomberg shall not be liable to you or any third party for the termination or suspension of the Services or access to the Data, or any claims related to the termination or suspension of the Services or access to the Data. If you are a recruiter, Bloomberg’s termination rights are also set forth in the Terms for the BAT (Recruiting).
(iii) Upon termination of the TOS for any reason whatsoever, you shall discontinue your access to and cease to Use the Services and destroy or purge all materials obtained from the Services, and Bloomberg shall have the right to remove any or all of the equipment provided as part of the Services. If you are a recruiter, your obligations upon termination are also set forth in the Terms for the BAT (Recruiting). If you are a candidate, then upon termination, you may continue to disseminate your test results for the BLOOMBERG ASSESSMENT (BAT) test to third parties provided you understand and agree that Bloomberg will no longer support or facilitate such dissemination and that you are solely responsible for such dissemination.
9. Governing Law.
The TOS is made under and shall be governed by 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 and you agree to submit to the exclusive jurisdiction of the federal and state courts located in New York County, New York in connection with any matters arising out of this TOS and not to assert a defense of forum non conveniens, sovereign immunity, Act of State, or analogous doctrines in connection with any such action.
10. United States Export Control & Foreign Assets Control Regulations.
Bloomberg does not represent that materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. By accessing the Services, you represent and warrant that you are not (a) located in, or a national or resident of, any country that is subject to U.S. trade sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) that prohibit the export of U.S. services, or (b) a person or entity named on OFAC’s List of Specially Designated Nationals and Blocked Persons (the “SDN List”) or acting on behalf of any person or entity on the SDN List.
To the extent that any software is made available as part of the Services, such software is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the SDN List or the U.S. Commerce Department’s Denied Persons List or Entities List (together referred to as “U.S. Prohibited Party Lists”). By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
11. Entire Agreement/Severability/Waiver.
The TOS, the documents and policies incorporated herein, either in their entirety or by explicit reference, and any other applicable terms and conditions set forth in connection with the Services, including but not limited to, the Terms for the BAT (Recruiters), constitute the entire agreement between you and Bloomberg and govern your use of the Services. If any provision of the TOS is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force. Bloomberg’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed by Bloomberg in writing.
You agree that Bloomberg has the right to change the content or technical specifications of any aspect of the Services at any time in Bloomberg’s sole discretion. You further agree that such changes may result in your being unable to access the Services. The section titles in the TOS are used solely for the convenience of you and Bloomberg and have no legal or contractual significance. Sections 2, 3(e), 3(f), 4 (with respect to fees incurred prior to termination), and 6 through 15 shall survive any termination of the TOS.
You may not assign the TOS or the rights hereunder, including but not limited to, your license to access and use the Services, without the prior written consent of Bloomberg. Bloomberg may assign the TOS to an affiliate. You acknowledge and agree that Bloomberg may delegate certain of its responsibilities, obligations, and duties under or in connection with the TOS to a third party or affiliate, which may discharge those responsibilities, obligations, and duties on behalf of Bloomberg.
14. Electronic Communications.
When you visit this Site and when you communicate with Bloomberg electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that Bloomberg provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. Bloomberg will retain a copy of any agreement you sign through this Site, and you are responsible for retaining a copy of any agreement you sign through this Site.
15. Linking and Framing.
You may not frame this Site. Upon linking to this Site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sublicense to use the BLOOMBERG mark owned by Bloomberg or its affiliates solely for providing an underlined, textual link from your web site to the publicly accessible home page of this Site at www.bloomberginstitute.com provided that, you do not link this Site to any web site containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. You may not link your web site to any other web pages of this Site and you may make no other use of the marks, names, or logos of Bloomberg or its affiliates without express written permission from Bloomberg or its affiliates. Any violation of this provision may, in Bloomberg’s or any of its affiliate’s discretion, result in termination of your use of and access to this Site effective immediately.
B. Inquiries Regarding This Site’s Content
For inquiries, you should contact Bloomberg. To make an inquiry of BFLP you contact BLP, operating agent of Bloomberg, at 731 Lexington Avenue, New York, NY 10022, Telephone: (212) 318-2000, Facsimile: (917) 522-2600, e-mail: email@example.com or any successor operating agent or other party as specified by BFLP from time to time. To make an inquiry of a Bloomberg entity other than BFLP, you should contact the entity with which you have contracted for the Services directly in the manner specified by that Bloomberg entity from time to time.
C. Intellectual Property Issues
1. General Inquiries.
Please send general inquiries regarding intellectual property issues to firstname.lastname@example.org.
2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act).
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: William Ried, Bloomberg L.P., 731 Lexington Avenue, New York, NY 10022, telephone (212) 318-2000, facsimile (917) 522-2600, e-mail: email@example.com.
3. Trademark Notice.
BLOOMBERG, BLOOMBERG PROFESSIONAL, BLOOMBERG MARKETS, BLOOMBERG NEWS, BLOOMBERG ANYWHERE, BLOOMBERG.COM, BLOOMBERG RADIO, BLOOMBERG TELEVISION, BTV, BLOOMBERG TERMINAL, B-UNIT, BLOOMBERG INSTITUTE, BLOOOMBERG ASSESSMENT, BLOOMBERG ASSESSMENT TEST, and BAT are trademarks and service marks of Bloomberg Finance L.P., a Delaware limited partnership, or its subsidiaries. All rights reserved.