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Effective URL: https://www.bloomberg.com/notices/tos/
Submission: On August 02 via manual from NL — Scanned from NL
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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. 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In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these TOS to release fully, finally and forever all such matters under these TOS In furtherance of such intention, the releases set forth in these TOS shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto. 8. YOUR AUTHORITY TO AGREE TO THIS TOS. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old. 9. SPONSOR CONTENT. (I) WHAT IS SPONSOR CONTENT? “Sponsor Content” consists of: (i) all paid-for content created by the Bloomberg L.P. (“Bloomberg”) custom content team (“Bloomberg Custom Content”) in collaboration with advertisers, and served by or appears in any Bloomberg medium and (ii) paid-for content supplied by advertisers that is served by or appears in any Bloomberg medium. The foregoing categories include any paid-for content purchased under the AAAA/IAB Standard Terms and Conditions. (II) STANDARDS AND PROCEDURES FOR SPONSOR CONTENT In addition to the general advertising guidelines established by Bloomberg, the standards listed below apply to Sponsor Content. * All Sponsor Content, regardless of platform, will comply with Bloomberg’s guiding principles: * Transparency. All Sponsor Content and marketing messages will be clearly and distinctly differentiated from independent news content. * Independence. No Bloomberg journalist will participate in the production, editing or promotion of customized content or an advertorial. Sponsor agenda and/or concern will neither dictate nor delay editorial direction. * Editorial judgment. Bloomberg maintains the right to reject any program, advertiser or speaker whose presence would compromise the Bloomberg brand. * All Sponsor Content will be appropriately labeled and distinguished from Bloomberg editorial content in form, function and placement through the use of different type fonts, colors and graphics. * Paid programming, advertorials, and sponsored programs/segments will be clearly and prominently labelled as advertising. No Sponsored Content will imply endorsement of any product or service by Bloomberg, nor will it feature any recognizable Bloomberg names or logos. * Bloomberg may, in its sole discretion, allow the use of a Bloomberg Custom Content logo to be used in Sponsor Content. The design and placement of such logo will be at the discretion of Bloomberg, and any and all such uses shall be subject to Bloomberg’s prior written approval. * All Sponsor Content must be approved in advance and in writing by a Bloomberg Custom Content editor before it appears on any Bloomberg medium. * Sponsor Content is neither produced by nor contributed to by any editorial team member of any Bloomberg medium, nor does it necessarily reflect the views of the editors of any Bloomberg medium. A disclaimer similar to the following will be included with all Sponsor Content: “A sponsor paid for the creation and placement of the content on this page. No editorial member of any Bloomberg medium contributed to any part of its creation, and it does not necessarily reflect the editorial views of Bloomberg L.P. or any of its affiliated entities.” * Bloomberg may, in its sole discretion, include a more detailed disclaimer with certain Sponsor Content. * Bloomberg reserves the right to refuse or remove any program, advertiser or speaker that in any way: (i) disparages, defames or discredits Bloomberg or its products or services or otherwise compromises- in quality or presence- Bloomberg’s brand or (ii) is false, misleading, deceptive or illegal. * Where Sponsor Content allows user participation, the moderation and functionality of this element will be determined and implemented solely by Bloomberg and will be subject to the general Terms of Service for the applicable Bloomberg medium. * In the case of Sponsored events, sponsors will be clearly identified to all on-site participants and in marketing materials tied to the relevant conference or event in language that indicates their role as underwriters. Bloomberg does not guarantee speaking roles or other on-stage participation for paying sponsors and maintains editorial control and veto power. 10. INDEMNIFICATION. 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: (i) your use or someone using your computer’s use of the Service; (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 Service 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 Service 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. 11. TERMINATION. (a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (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. 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. 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. 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. 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. 12. NON-UNITED STATES RESIDENTS & JURISDICTIONAL ISSUES. (i) 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. (ii) This site is controlled and operated by Bloomberg from its offices within the State of New York, United States. Bloomberg makes no representation that materials in this site are appropriate or available for use in other locations. 13. GOVERNING LAW. 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. 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. (i) Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Bloomberg, we are committed to working with you to try to reach a reasonable resolution. 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. Such informal resolution requires first sending a written description of the dispute to the other party. 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. 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. (ii) Mutual Arbitration Agreement. 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. 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. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, 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; and (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. (iii) Class Arbitration and Collective Relief Waiver. YOU AND BLOOMBERG ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SUBPART (VI) BELOW, 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. 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. (iv) Arbitration Rules. 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. (v) Arbitration Location and 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. 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. 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). (vi) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, 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 (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (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; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. 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. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution 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). 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. 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. (vii) Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Bloomberg and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. 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. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, 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. If neither Bloomberg nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of Section 15 titled “Class Action Waiver” below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing. (viii) Arbitrator’s Decision. 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. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. 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. (ix) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bloomberg will pay any filing and hearing fees in in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in subpart (vi)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. (x) 30-Day Right to Opt Out. 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. (xi) Changes. 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. If Bloomberg changes this “Mandatory Arbitration and Class Action Waiver” section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of those changes. 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. 16. COMPLIANCE, REPUTATIONAL, OPERATIONAL AND OTHER CONSIDERATIONS You represent, warrant and covenant to Bloomberg 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: (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) in connection with activity in, or for the benefit of, the Crimea, Donetsk or Luhansk regions, Syria, Cuba, North Korea, or Iran (each, an “Excluded Jurisdiction”). 17. ECONOMIC SANCTIONS & EXPORT CONTROLS Notwithstanding any other provision of these TOS, Bloomberg does not represent that the Service or anything created using the Service is appropriate for use in any particular location or for any or all purposes. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. You represent, warrant and covenant to Bloomberg 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 and/or United Kingdom (the “Sanctioning Authorities”) maintains sanctions prohibiting all or substantially all shipment or provision of services, goods, technology or software (a “Sanctioned Jurisdiction”); (ii) to, or for the benefit of, the government of an Excluded Jurisdiction or a Sanctioned Jurisdiction or a person located in or normally resident of an Excluded Jurisdiction or a Sanctioned Jurisdiction; (iii) involving or benefiting a government or person whose assets a Sanctioning Authority has blocked or to which a Sanctioning Authority restricts the shipment or provision of services, goods, technology or software (a “Prohibited Party”); (iv) to the extent applicable, for the purpose of transacting in, providing financing for, or otherwise dealing in prohibited equity or debt of, or extending credit to, persons identified by (or owned or controlled, whether individually or in aggregate, by persons identified by) any Sanctioning Authority as being subject to sanctions prohibiting such activities; or (v) for any purpose that would be prohibited under the economic sanctions of any Sanctioning Authority. Without limiting the foregoing, you agree to not use Bloomberg’s products or services to engage in new investment in the Russian Federation or to directly or indirectly export, reexport, sell, or supply accounting, auditing, bookkeeping, tax consultancy, trust and corporate formation, or business or management consulting or public relations services to the government of Russia or any person located in the Russian Federation. 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 or normally a resident of, or the government of, any Excluded Jurisdiction or Sanctioned Jurisdiction; or (ii) a Prohibited Party. 18. MISCELLANEOUS. 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. 19. HEADINGS. The section titles in the TOS are used solely for the convenience of you and Bloomberg and have no legal or contractual significance. 20. SEVERABILITY. 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. 21. ENTIRE AGREEMENT. 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. B. SUBSCRIPTION TERMS back to top 1. PAYMENT POLICY Subscriptions purchased via Bloomberg.com/subscriptions are billed either monthly or annually. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel. If you subscribed under an introductory offer, at the end of your introductory period, your payment method on file will be charged automatically each month for the full price of your subscription. a. Student Subscriptions Current students (in both undergraduate and graduate programs), who are over the age of 18, are eligible for purchasing a Bloomberg Student Digital subscription. After your program has ended and you can no longer be verified as a student, your subscription will increase to the full priced Digital Access Plan. b. Free Subscriptions If you are redeeming a free subscription, by accepting this subscription, you confirm that you are in compliance with your company’s internal policies and all applicable anti-corruption laws. You confirm that no business, or anything else of value, has been promised to Bloomberg in return for this subscription, the value of which is approximately $150USD. c. Gift Subscriptions The Bloomberg gift subscription (“Gift Subscription”) entitles the gift recipient to a one-year Bloomberg Digital Access subscription, which will begin upon activation. Gift subscriptions are not eligible for existing Bloomberg.com subscribers. For the US, gift subscriptions may be purchased and activated only by U.S. residents age 18 or older. Gift Subscription purchaser and recipient must read and agree to the complete Gift Subscription Terms applicable to this program. The Gift Subscription Terms are applicable to both purchasers of Gift Subscriptions and recipients of Gift Subscriptions. The Gift Subscription has no cash value and may not be redeemed for cash except as required by applicable law. The activation code associated with your Gift Subscription is for a one-time use only. Activation of the Gift Subscription may not be combined with any other offers, coupons, discounts, or promotions. The Gift Subscription may not be exchanged or credited toward the purchase of any subscription services other than a one-year Bloomberg Digital Access subscription. Bloomberg reserves the right to refuse to honor any Gift Subscription in the event of a disputed credit card charge or other payment failure related to purchase of the Gift Subscription. Gift Subscription are not refundable except as required by applicable law. Gift Subscription may not be resold or transferred without Bloomberg’s except express written authorization. Gift Subscription is not valid and will not be honored, and Bloomberg will not be liable for the value of the Gift Subscription, if the Gift Subscription is obtained from an unauthorized seller or reseller, including, without limitation, through any Internet auction site. Bloomberg is not responsible for lost or stolen Gift Subscription activation codes. Bloomberg reserves the right to refuse to honor a Gift Subscription if Bloomberg suspects that the Gift Subscription was obtained or activated fraudulently. To extend access to Bloomberg content when the Gift Subscription ends, gift recipients will be required to become a paying subscriber in accordance with Bloomberg’s then-current subscription terms. 2. CANCELLATION & REFUND POLICY In order to change or cancel your subscription, please sign in to your account & select “Contact Support to Cancel“ We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. If you purchased your subscription through a third party, please refer to any terms and conditions provided to you in connection with purchase. a. Monthly Subscriptions When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period. b. Annual Subscriptions When cancelling an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period. 3. PROMOTIONAL DISCOUNTS & INTRODUCTORY OFFERS From time to time, we offer introductory pricing at a reduced rate for a specified period of time (“Introductory Offers”). Introductory Offers can only be redeemed by first time subscribers to Bloomberg.com. If you do not qualify for an Introductory Offer, we reserve the right to reject your order to reflect current subscriber pricing. Bloomberg may determine your eligibility for an Introductory Offer at any time without prior notice and with no liability, to the extent permitted under applicable law. For all Introductory Offers, we will require you to provide payment details to start a Subscription to Bloomberg.com. By providing such details you agree that we will automatically charge the full price of the Paid Subscription on the first day following the end of the Introductory Offer on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE INTRODUCTORY PERIOD BY CONTACTING CUSTOMER SUPPORT. IF YOU RECEIVED YOUR INTRODUCTORY OFFER THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY. 4. ACCEPTABLE USE Access for Authorized Subscribers will be granted to a Bloomberg account associated with their Company/Organizational specific email address. Subscriber shall not use Bloomberg’s name, logo, trademark, service mark or other designation in any manner without the prior written consent of Bloomberg. Bloomberg hereby grants to Client a non-exclusive, non-transferable, non-sub-licensable license to allow its Authorized Subscribers to consume Bloomberg content for personal use and for internal work-related, research, and general awareness purposes. 5. SUBSCRIBERS LOCATED IN TAIWAN Bloomberg L.P. Taipei implemented an electronic Government Uniform Invoice (eGUI) in accordance with tax regulations announced by the Taiwan Ministry of Finance. When a Bloomberg.com subscription is purchased by residents of Taiwan, Bloomberg L.P. Taipei is required to charge a 5% Value Added Tax (VAT). 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TELECOMMUNICATION TERMS FOR TAIWANESE CUSTOMERS back to top 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。 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 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。 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。 第 六 條 本公司提供本業務所收取之服務費主要可分為系統建置費、設定費、網路系統維護費、資訊服務費、其他電信事業所收取之通訊費用等。本公司應於用戶合約中載明詳細付費項目以及各項費用之計算標準。 第 七 條 本公司若對於服務費有所調整或變更時,除報請主管機關備查外,應於彭博高速資訊網路之網站以及本公司營業場所公告,並事前個別通知用戶。用戶若不同意服務費之調整或變更,得立即終止用戶合約,本公司應退還用戶所預付之服務費 第 八 條 用戶於向本公司申請使用本業務時,應提出正確之用戶資料,並於變更時通知本公司,否則概由用戶自行負責。 第 九 條 本公司對於因提供本業務所取得之用戶資料應加以保密,並遵守「電腦處理個人資料保護法」之規定處理用戶資料。惟於下列情形,本公司得提供用戶資料予第三人: 一、經用戶同意。 二、司法機關或犯罪偵查機關,為偵查或調查犯罪依法所為之命令。 三、其他政府機關因執行公權力而依法所為之命令。 四、與公眾生命安全有關之機關為進行緊急救助者。 五、符合「電腦處理個人資料保護法」第二十三條之規定者。 第 十 條 本公司預定暫停或終止本業務之一部或全部時,應於預定暫停或終止日一個月前報請主管機關備查,並立即通知用戶。 前項暫停營業之時間最長不得超過一年。 第十一條 若本公司營業許可遭主管機關廢止,或本公司預定暫停或終止本業務之一部或全部時,本公司應退還用戶所預付之費用,並應依法律規定以及用戶合約約定賠償用戶之損失。 第十二條 用戶若有拒絕或遲延給付本業務之服務費之情事,本公司應定相當期限催告該用戶給付所積欠之服務費,並告知該用戶若未於所定期限內給付時,本公司有權依用戶合約之規定停止提供本業務,或期前終止用戶合約。 第十三條 若本公司發現用戶使用本業務有下列情形之一時,本公司有權立即停止對該用戶提供本業務,且該用戶應自行負擔任何責任: 一、危害國家安全、擾亂治安。 二、妨害公共秩序、善良風俗。 三、竊取、更改、破壞他人資訊。 四、危害本公司或他人網路系統安全。 五、妨礙通訊秘密。 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。 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。 第十八條 若用戶有利用本業務從事非法活動者,本公司有權向相關單位檢舉,並有權將之視為拒絕往來戶。 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。 彭博高速資訊網路服務費率 此服務爲每客戶每月收取2mbps以內基本服務費美金295美元 (不收裝機費) * Values * Diversity and inclusion * Tech at Bloomberg * Philanthropy * Sustainability * Careers * What we do * Working here * Early career * Search jobs * Press * Press releases * Press contacts * Regions * Global * Japan * China * Brasil © 2023 Bloomberg L.P. 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