Effective as of April 6, 2020
1. LICENSE GRANT. The Site is made available by us, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any commercial or unauthorized purposes. If you wish to make use of the Site other than as set out herein, you may contact us using the contact information set forth below.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. We transfer no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, we reserve all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
3. USER OBLIGATIONS. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site, including, without limitation, when you provide information via a Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of this TOU by a parent or legal guardian and then solely under a parent or legal guardian’s account. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
4. ACCOUNT. Registration for access to and use of particular areas or functionality of the Site may require access credentials, such as a user name and password, or adherence to other particular access requirements as designated by us in our sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of us. You shall immediately notify us if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
5. PROPRIETARY RIGHTS. The Site is owned by MikeBloomberg.com LLC and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by us and/or our licensors. Our name, logo, and all other names, logos, and icons identifying us and our software, solutions, products, and services are proprietary trademarks of MikeBloomberg.com LLC, and any use of such marks without the express written permission of us is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
6. USER CONTRIBUTIONS. The Site may provide access to communication and other interactive features and functionality where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively as “User Contribution(s)”). You agree that by using the Site you will not upload, post, display, or transmit any of the following:
• anything which may damage, lessen, or harm the goodwill or reputation of MikeBloomberg.com LLC or its affiliates ;
• anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others;
• anything which involves the impersonation of any other person or entity;
• anything which constitutes junk mail, spam, or unauthorized advertising; or
• anything which is unlawful.
We reserve the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, we shall not have any obligation to incorporate or utilize any User Contribution(s) that does not correspond to or meet our technical or usage practices, parameters, and limits.
7. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution, you automatically and hereby grant to MikeBloomberg.com LLC, its affiliates, and representatives a perpetual, royalty-free, transferable, sublicensable and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution, without additional approval or consideration, in furtherance of and in connection with the operation of the Site, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution available to us, our affiliates, and representatives , and you also acknowledge that we have no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it’s posted or displayed.
8. NO PRE-SCREENING OF USER CONTRIBUTIONS. We are not responsible for pre-screening or editing your or any other user’s User Contributions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contributions. Moreover, we do not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by us ) and do not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution displayed, uploaded, or distributed by you or any other user. Nevertheless, we reserve the right to monitor, delete, access, read, preserve, disclose or take other action with respect to User Contributions (or parts thereof) that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of MikeBloomberg.com LLC, its users, affiliates, representatives, or the public, or (vi) address any act or omission that we believe in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to MikeBloomberg.com LLC or its affiliates or representatives. If you violate this TOU, we may, in our sole discretion, delete the unacceptable content from your User Contribution, remove or delete the User Contribution in its entirety, issue you a warning, and/or terminate your use of this Site.
9. DMCA Takedown Policy. It is MikeBloomberg.com LLC’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). We respect the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the on-line services provided by MikeBloomberg.com LLC may contact us through their authorized agent and request that the infringing material be removed or access to it blocked. MikeBloomberg.com LLC’s designated “Agent for Notice” of claims of copyright infringement can be reached as follows: Richard K. DeScherer, Bloomberg L.P., 731 Lexington Ave., New York, NY 10022, telephone (212) 617-4111, facsimile (646) 268-6138,email: firstname.lastname@example.org.
Proper notification of copyright infringement must be sent to MikeBloomberg.com LLC’s Agent for Notice (as designated above) and must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at that Site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to MikeBloomberg.com LLC. We will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.
Users who believe that their material has been removed by mistake or are not in violation of copyright law should provide us with a counter-notification that contains the following information:
• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts of the State of New York, and that you will accept service of process from the person who provided the notification above, or an agent of such person.
Upon receipt of such material, we will restore the material and provide the counter-notification to the party who issued the notification.
10. FEEDBACK. We welcome your feedback and suggestions about the Site or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to us or our representative, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to us and our representative and enable us and our representative to use such Feedback. In addition, any Feedback received by us will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for MikeBloomberg.com LLC and its affiliates and representatives to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
11. MOBILE USAGE. The Site offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device (collectively, “Mobile Solutions”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Solutions. In addition, downloading, installing, or using certain Mobile Solutions may be prohibited or restricted by your mobile carrier, and not all Mobile Solutions may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Solutions are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Solutions; and how much such use will cost you. Nevertheless, your use of the Site shall be strictly in accordance with this TOU.
14. LINKS TO OTHER SITES. We may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which MikeBloomberg.com LLC exercises no control. These links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
15. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MIKEBLOOMBERG.COM LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MIKEBLOOMBERG.COM ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD PARTY WEB SOLUTIONS.
16. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE MIKEBLOOMBERG.COM LLC AND ITS PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS
FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND MIKEBLOOMBERG.COM LLC’S CONTROL. MOREOVER, IN NO EVENT SHALL MIKEBLOOMBERG.COM LLC AND ITS PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF MIKEBLOOMBERG.COM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. INDEMNIFICATION. You agree to indemnify, defend, and hold MikeBloomberg.com LLC (and its partners, suppliers, affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity by your User Contribution(s).
18. ARBITRATION. You agree that all disputes between you and MikeBloomberg.com LLC (whether or not such dispute involves a third party) with regard to your relationship with MikeBlomberg.com LLC, including, without limitation, disputes related to this TOU, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and MikeBloomberg.com LLC hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor MikeBloomberg.com LLC will participate in a class action or class-wide arbitration for any claims covered by this TOU. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if MikeBloomberg.com LLC is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
19. ENFORCING SECURITY. You may not use the Site or any of its data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using our data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of our system or network, circumventing any security or authentication measures, monitoring any data or traffic, interfering with any services, collecting or using from the Site email addresses, screen names, or other identifiers, collecting or using from the Site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against MikeBloomberg.com LLC or our data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. We reserve the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. We will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, we reserve the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site or MikeBloomberg.com LLC.
20. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of MikeBloomberg.com LLC proprietary assets, will cause irreparable injury to MikeBloomberg.com LLC , such injury would not be quantifiable in monetary damages, and MikeBloomberg.com LLC would not have an adequate remedy at law. You therefore agree that MikeBloomberg.com LLC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that MikeBloomberg.com LLC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to MikeBloomberg.com LLC to enforce any provision of this TOU.
21. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the Site, register, respond through the Site to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. We reserve the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning MikeBloomberg.com LLC’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
22. GOVERNING LAW. The Site is controlled and operated by MikeBloomberg.com LLC from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. Any action to enforce this TOU will be brought in the courts presiding in the State of New York and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
23. EXPORT CONTROL AND LEGAL COMPLIANCE. You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Site is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Site, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
24. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by MikeBloomberg.com LLC of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
25. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and MikeBloomberg.com LLC as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and MikeBloomberg.com LLC with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and MikeBloomberg.com LLC with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of MikeBloomberg.com LLC. Please note that MikeBloomberg.com LLC reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, MikeBloomberg.com LLC may add, modify, or delete any aspect, program, or feature of the Site, but MikeBloomberg.com LLC is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
26. CONTACT INFORMATION. If you have questions regarding the Site, please contact email@example.com.