BLOOMBERG SECOND MEASURE TERMS OF SERVICE
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS BLOOMBERG SECOND MEASURE WEB SITE (“TOS”) BEFORE USING THIS BLOOMBERG SECOND MEASURE WEB SITE (“SITE”). The Site and the products, services and information therein (collectively, “Bloomberg Second Measure Services”) are provided pursuant to, and use of Bloomberg Second Measure Services are governed by, the applicable agreements with Bloomberg Second Measure LLC (“Bloomberg Second Measure”).
BLOOMBERG SECOND MEASURE CUSTOMERS LOGGING ON TO THE SITE AND ACCESSING OR USING BLOOMBERG SECOND MEASURE SERVICES:
IF YOU ARE ACCESSING OR USING BLOOMBERG SECOND MEASURE SERVICES IN CONNECTION WITH A PRODUCT OR SERVICE LICENSED PURSUANT TO ONE OR MORE APPLICABLE AGREEMENT(S) WITH BLOOMBERG SECOND MEASURE (THE “AGREEMENTS”), THEN (i) BLOOMBERG SECOND MEASURE SERVICES ARE PROVIDED PURSUANT TO, AND USE OF BLOOMBERG SECOND MEASURE SERVICES ARE GOVERNED BY, SUCH AGREEMENTS AND (ii) EACH REFERENCE TO THE “TOS” HEREIN SHALL BE DEEMED TO INCLUDE THE AGREEMENTS. YOUR ACCESS AND/OR USE OF ANY DATA (AS DEFINED IN THE AGREEMENTS) PROVIDED OR OTHERWISE MADE AVAILABLE AS PART OF OR THROUGH BLOOMBERG SECOND MEASURE SERVICES IS GOVERNED BY THE AGREEMENTS. IF THERE ARE ANY INCONSISTENCIES BETWEEN THE TOS AND THE AGREEMENTS, THE AGREEMENTS SHALL APPLY.
ALL VISITORS:
By continuing to access or use Bloomberg Second Measure Services you signify YOUR ACCEPTANCE OF THE TOS. Bloomberg Second Measure reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever using Bloomberg Second Measure Services. Your access to or use of Bloomberg Second Measure Services 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 Bloomberg Second Measure Services. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Bloomberg Second Measure and shall be of no force or effect.
A. General Terms.
1. User Consent to the TOS.
You represent, warrant, and covenant that you (a) have read and agree to be bound by the TOS and (b) are at least eighteen (18) years old.
2. Intellectual Property.
(a) Bloomberg Second Measure Services, including but not limited to, its information, data, materials, software, functionality, services, content, text, audio, video, and graphics, are proprietary and are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Bloomberg Second Measure Services are also protected as a collective work or compilation under applicable copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with the Bloomberg Second Measure Services.
(b) You acknowledge that the Bloomberg Second Measure Services have been developed, compiled, prepared, revised, selected, and arranged by Bloomberg Second Measure 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 Bloomberg Second Measure 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 Bloomberg Second Measure 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 Bloomberg Second Measure 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 Second Measure in writing promptly upon becoming aware of any claim that the Bloomberg Second Measure Services infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights. Bloomberg Second Measure shall retain all rights to all data comprising or included in the Bloomberg Second Measure Services (including, without limitation, related information such as informational materials and videos). The granting of this license does not affect the ownership of any data or materials, whether tangible or intangible. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Bloomberg Second Measure Services (the “Intellectual Property Rights”) shall, as between you and Bloomberg Second Measure, at all times be and remain the sole and exclusive property of Bloomberg Second Measure.
(c) You shall not use any of Bloomberg Second Measure’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 Second Measure 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. Except as specifically permitted by the TOS, you may not copy or make any use of the Bloomberg Second Measure Services or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Bloomberg Second Measure Services, or the names of any individual participant in, or contributor to, the Bloomberg Second Measure Services, or any variations or derivatives thereof, for any purpose, without Bloomberg Second Measure’s prior written approval.
3. Licenses and Restrictions.
(a) License. You acquire absolutely no rights or licenses in or to the Bloomberg Second Measure Services and materials contained within the Bloomberg Second Measure Services other than the limited right to utilize them in accordance with the TOS. Should you choose to download content from the Bloomberg Second Measure Services, you must do so in accordance with the TOS. Such download is licensed to you by Bloomberg Second Measure ONLY for your own personal, noncommercial use in accordance with the TOS, may not be disseminated to any third party, does not transfer any other rights to you, and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOS.
(b) Submissions. If you submit material to this Site or to Bloomberg Second Measure or its representative, unless Bloomberg Second Measure indicates otherwise, you grant Bloomberg Second Measure and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable (in whole or in part), worldwide and fully sublicensable right and license 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 any other user to access, store, or reproduce such material for that user’s personal use. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; 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; and that you will indemnify Bloomberg Second Measure and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. Bloomberg Second Measure and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any material submitted by you or any third party.
(c) Restrictions. Except as expressly permitted in the TOS, you shall not: (i) recirculate, distribute, scrape, store, transmit, publish, broadcast, copy, download, create derivative works or otherwise use the Bloomberg Second Measure Services or any portion thereof in any form or by any means except with the prior written consent of Bloomberg Second Measure, and the consent of certain third-party providers of data or of portions of the Bloomberg Second Measure Services, as applicable; (ii) share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Bloomberg Second Measure Services or any portion thereof; or (iii) store any data or portion of the Bloomberg Second Measure Services in, or route the same to, any database or server. You shall not sell, license, or distribute any portion of the Bloomberg Second Measure Services to third parties or use any portion of the Bloomberg Second Measure Services 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 Bloomberg Second Measure Services 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 Second Measure’s good faith judgment, either cause the Bloomberg Second Measure Services so used to: (w) be a source of or substitute for the Bloomberg Second Measure Services; (x) affect Bloomberg Second Measure’s ability to realize revenue in connection with the Bloomberg Second Measure Services; (y) compete with the business of Bloomberg Second Measure or its affiliates; or (z) negatively affect Bloomberg Second Measure’s network or servers, including without limitation the speed of delivery of data. Unauthorized access or use of the Bloomberg Second Measure Services is unlawful and Bloomberg Second Measure and its suppliers shall have all rights provided by law to prevent such access or use and to collect damages in such event.
(d) Additional Restrictions. Except as expressly permitted in the TOS, you shall not (i) use the Bloomberg Second Measure Services in any manner that could harm, take over, disable, overburden, or otherwise impair any of Bloomberg Second Measure’s computer systems; (ii) interfere with any other party’s use and enjoyment of the Bloomberg Second Measure Services, or any of the content, information or services provided on this Site; (iii) access, monitor or copy any content or information provided as part of Bloomberg Second Measure Services, including but not limited to user information, or the 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 the Site, if any, or bypass or circumvent other measures employed to prevent or limit access to the Bloomberg Second Measure Services; (v) attempt to gain unauthorized access to any services, servers, or networks used by, or that support, Bloomberg Second Measure Services through any means; (vi) attempt to gain access to the Bloomberg Second Measure Services through any means not intentionally made available by Bloomberg Second Measure; (vii) use the Bloomberg Second Measure Services, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Bloomberg Second Measure or its affiliates in unsolicited mailings or spam material; (viii) use the Bloomberg Second Measure Services 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; or (ix) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph.
4. Fees and Charges.
The license granted herein is provided at no additional charge, but only includes limited access to the Bloomberg Second Measure Services. Bloomberg Second Measure reserves the right at any time to charge fees for access to any and all portions of the Bloomberg Second Measure Services that are currently available without additional charges. Full access to the Bloomberg Second Measure offerings related to and/or administered through the Bloomberg Second Measure Services requires you to enter into a separate agreement with Bloomberg Second Measure, which agreement would govern your rights and responsibilities related thereto.
5. Registration, Account Creation, Access and Security.
(a) Registration, Account Creation and Access. Successful completion of the registration and account creation process and the login process are necessary to obtain access to the Bloomberg Second Measure Services or certain portions thereof. As part of the registration and account creation process, you will select a username and a password. You shall not: (A) select a username or password associated with another person; (B) use a username or password in which another person has rights without such person’s authorization; or (C) use a username or password that Bloomberg Second Measure, in its sole discretion, deems offensive or inappropriate. You represent that any information you provide as part of the registration and account creation process is accurate and truthful, and Bloomberg Second Measure reserves the right to deny creation of your account based on Bloomberg Second Measure’s inability to verify the authenticity of such information. You agree to treat your username and password (individually and collectively, “User ID”) as confidential and not to disclose such User ID, either directly or indirectly, to any person. You are fully responsible for all of your usage of and activity relating to the Bloomberg Second Measure Services including, but not limited to, any use of the User ID. Only you may access a password-protected portion of the Bloomberg Second Measure 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. Bloomberg Second Measure, in its sole discretion, reserves the right to terminate your access to and use of the Bloomberg Second Measure Services, or any portion thereof, and to block, temporarily or permanently, your access to the Bloomberg Second Measure Services, including the ability to download any content or data, at any time without notice and effective immediately. You may terminate your account at any time by contacting Bloomberg Second Measure. Upon termination, you will receive an automated confirmation via e-mail that your termination request was received, and your account will be terminated within five (5) business days. You shall immediately (x) stop using the Bloomberg Second Measure Services and (y) notify Bloomberg Second Measure if you are no longer employed by the entity indicated during the registration and account creation process, your relationship with such entity has changed or you are, for any reason, no longer authorized to access the Bloomberg Second Measure Services.
(b) Security. You agree to: (i) promptly notify Bloomberg Second Measure of any known or suspected unauthorized use(s) of the Bloomberg Second Measure Services, including but not limited to the User ID, or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of a User ID; and (ii) properly exit any password-protected portion of the Bloomberg Second Measure Services at the end of each session. BLOOMBERG SECOND MEASURE 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. Notwithstanding anything else herein, Bloomberg Second Measure reserves the right to pursue any and all claims against you and any person or entity using your User ID.
(c) Audit, Monitoring, and Disclosure of Information. Bloomberg Second Measure reserves the right periodically to audit and monitor (physically or electronically) your use of the Bloomberg Second Measure Services to ensure compliance with the TOS and to maintain and improve the provision of the Bloomberg Second Measure Services. Bloomberg Second Measure shall have the right to use and disclose information obtained from or input by you as part of any legal process or proceeding, as required by law or as otherwise permitted under the privacy policies that may be accessed from the Site.
6. Disclaimer and Limitation of Liability.
(a) Warranties. Each time you use the Bloomberg Second Measure Services, you shall be deemed to represent, warrant, and covenant to Bloomberg Second Measure that: (i) you have all requisite regulatory and legal authority to enter into and be bound by the TOS; and (ii) your use of the Bloomberg Second Measure Services complies with all applicable laws, rules, and regulations. You covenant that you shall not use the Bloomberg Second Measure Services or any information obtained through the Bloomberg Second Measure Services in violation of any law.
(b) Liability. NEITHER BLOOMBERG SECOND MEASURE NOR ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE BLOOMBERG SECOND MEASURE SERVICES OR RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE BLOOMBERG SECOND MEASURE 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 BLOOMBERG SECOND MEASURE SERVICES IS AT YOUR SOLE RISK AND THE BLOOMBERG SECOND MEASURE SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Bloomberg Second Measure does not warrant that the Bloomberg Second Measure Services are compatible with your equipment or that the Bloomberg Second Measure Services, or that any electronic communications sent by Bloomberg Second Measure 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 Second Measure and its affiliates are not liable for any damage you may suffer as a result of such destructive features. None of Bloomberg Second Measure, 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 Second Measure, its affiliates, any of their respective employees, subcontractors, agents or equipment vendors or otherwise, arising in connection with the Bloomberg Second Measure 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 Second Measure has been advised specifically of the possibility of such damages. None of Bloomberg Second Measure, its affiliates, or their respective suppliers guarantee the accuracy, correctness, completeness, quality, or timeliness of the Bloomberg Second Measure 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. Notwithstanding anything to the contrary set forth herein, to the maximum extent permitted by law, none of Bloomberg Second Measure, 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 Bloomberg Second Measure Services from whatever cause, or any loss or damage arising therefrom or occasioned thereby, or by reason of any nonperformance. Bloomberg Second Measure does not control the content of other web sites, services, goods, or advertisements that may be linked to the Bloomberg Second Measure Services and therefore is not responsible for the availability, content, or accuracy of linked web sites, services, goods, or advertisements. 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 Bloomberg Second Measure Services may be brought by you more than one year after the cause of action has accrued. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE BLOOMBERG SECOND MEASURE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE BLOOMBERG SECOND MEASURE SERVICES.
(c) 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.
(d) Remedies. If you breach or threaten to breach any provision of the TOS, Bloomberg Second Measure shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Bloomberg Second Measure from pursuing any action or other remedy for any breach or threatened breach of these TOS, all of which shall be cumulative. If Bloomberg Second Measure prevails in any such action, Bloomberg Second Measure shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith. Bloomberg Second Measure retains the right to block access to the Bloomberg Second Measure Services on a temporary or permanent basis if Bloomberg Second Measure, in its sole discretion, believes the Bloomberg Second Measure 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 or upon any breach of any provisions of the TOS.
(e) Third-Party Communications. Bloomberg Second Measure 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 directly or indirectly in connection with this Site and the Bloomberg Second Measure 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 Second Measure 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.
(f) Amazon Web Services. The Site runs on Amazon Web Services (“AWS”), which is a third-party service. Bloomberg Second Measure is not responsible for and does not control third-party services. For more information about the security regulations and standards with which AWS complies, see the AWS Compliance webpage at https://aws.amazon.com/compliance/.
7. Parties.
You recognize that Bloomberg Second Measure, its affiliated entities, their suppliers, and their affiliated entities (together, the “Covered Entities”), each have rights with respect to the Bloomberg Second Measure Services, including the software, data, information and other items provided by Bloomberg Second Measure and its affiliated entities by reason of your use of the Bloomberg Second Measure 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 Second Measure” as used in Section 6 hereof includes all of the Covered Entities.
8. Termination.
You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Bloomberg Second Measure Services and destroying all materials obtained from the Bloomberg Second Measure Services. Notwithstanding anything to the contrary in the TOS, Bloomberg Second Measure may, in its sole discretion, terminate the TOS, or suspend or terminate your access to and use of the Bloomberg Second Measure Services, or any portion thereof (including the ability to download any data or content), at any time without notice and effective immediately. The TOS and your access to the Bloomberg Second Measure Services will terminate immediately without notice from Bloomberg Second Measure if you, in Bloomberg Second Measure’s sole discretion, fail to comply with any provision of the TOS. Upon termination of the TOS by you or Bloomberg Second Measure, you must discontinue your use of the Bloomberg Second Measure Services and destroy promptly all materials obtained from the Bloomberg Second Measure Services and any copies thereof. Bloomberg Second Measure shall not be liable to you or any third party for the termination or suspension of the Bloomberg Second Measure Services, or any claims related to the termination or suspension of the Bloomberg Second Measure Services or access to portions thereof.
9. Governing Law.
The TOS 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. 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. Notwithstanding anything to the contrary set forth in this section 9, if you are a user of the Bloomberg Second Measure Services in India, the TOS shall be governed by and construed in accordance with the laws of India, without giving effect to the conflicts-of-laws principles thereof and you agree to submit to the exclusive jurisdiction of the courts of Mumbai 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. Notwithstanding anything to the contrary set forth in this section 9, if you are a user of the Bloomberg Second Measure Services in South Korea, the TOS shall be governed by and construed in accordance with the laws of South Korea, without giving effect to the conflicts-of-laws principles thereof and you agree to submit to the exclusive jurisdiction of the Seoul Central District Court 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.
(a) Notwithstanding any other provision of the TOS, Bloomberg Second Measure does not represent that all or part of the Bloomberg Second Measure Services are appropriate or available for use in any particular location or for any or all purposes. Those who choose to access the Bloomberg Second Measure Services do so on their own initiative and are responsible for compliance with all applicable laws. You shall not provide any or all of the Bloomberg Second Measure Services: (i) in any country and/or region with respect to which the United States maintains trade sanctions prohibiting the shipment or provision of services, goods, technology or software (a “Sanctioned Jurisdiction”); (ii) to, or for the benefit of, the government of a Sanctioned Jurisdiction or a person located in or normally resident of a Sanctioned Jurisdiction; (iii) if applicable, to any national of a Sanctioned Jurisdiction, wherever located; (iv) to anyone on the (A) Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (the “SDN List”), (B) Foreign Sanctions Evaders List maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (the “FSE List”), (C) U.S. Department of Commerce’s Denied Persons List or Entities List or (D) U.S. Department of Commerce’s Entity List ((A)-(D), the “U.S. Prohibited Party Lists”); (v) to the extent applicable, for the purpose of providing, financing or otherwise dealing in prohibited new equity or new debt of entities listed on the Sectoral Sanctions Identifications List maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (the “SSI List”); or (vi) to anyone for any purpose that would be prohibited under U.S. law, including, without limitation, nuclear, chemical or biological weapons proliferation.
(b) Each time you receive or use the Bloomberg Second Measure Services, you shall be deemed to represent, warrant and covenant to Bloomberg Second Measure and its affiliates that you are not: (i) located in or normally resident of, or the government of, any Sanctioned Jurisdiction; (ii) a national of a Sanctioned Jurisdiction that is, in such capacity, subject to sanctions prohibitions; (iii) on any U.S. Prohibited Party List; (iv) acting on behalf of or owned or controlled by any person or entity on the SDN List or FSE List; (v) using the Bloomberg Second Measure Services in connection with providing, financing or otherwise dealing in prohibited new equity or new debt of entities listed on the SSI List, or entities owned or controlled by any entity on the SSI List; or (vi) using the Bloomberg Second Measure Services for any purpose that would be prohibited under U.S. law, including, without limitation, nuclear, chemical or biological weapons proliferation.
11. Entire Agreement/Severability/Waiver.
The TOS and the documents and policies incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on this Site constitute the entire agreement between you and Bloomberg Second Measure and govern your use of the Bloomberg Second Measure 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 Second Measure’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 to by Bloomberg Second Measure in writing.
12. Miscellaneous.
You agree that Bloomberg Second Measure has the right to change the content or technical specifications of any aspect of the Bloomberg Second Measure Services at any time in Bloomberg Second Measure’s sole discretion. You further agree that such changes may result in your being unable to access the Bloomberg Second Measure Services. The section titles in the TOS are used solely for the convenience of you and Bloomberg Second Measure and have no legal or contractual significance. Sections 2, 3(b), 3(c), 3(d) and 5 through 15 shall survive any termination of the TOS.
13. Assignment/Delegation.
You may not assign the TOS or the rights hereunder without the prior written consent of Bloomberg Second Measure. Bloomberg Second Measure may assign the TOS to an affiliate. You acknowledge and agree that Bloomberg Second Measure 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 Second Measure.
14. Electronic Communications.
When you visit this Site and when you communicate with Bloomberg Second Measure electronically, you consent to receive communications from Bloomberg Second Measure electronically. You agree that all notices, disclosures, and other communications that Bloomberg Second Measure 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.
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 SECOND MEASURE mark owned by Bloomberg Second Measure’s affiliates solely for providing an underlined, textual link from your website to the publicly accessible home page of this Site at https://secondmeasure.com (or, if applicable, the blog post on our research blog at https://secondmeasure.com/datapoints/ ), provided that, you do not link this Site to any website 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 website to any other web pages of this Site and you may make no other use of the marks, names, or logos of Bloomberg Second Measure or its affiliates without express written permission from Bloomberg Second Measure or its affiliates. Any violation of this provision may, in Bloomberg Second Measure’s or any of its affiliate’s discretion, result in termination of your access to or use of this Site effective immediately.
B. Inquiries Regarding This Site’s Content.
For inquiries, you should contact Bloomberg Second Measure LLC at 731 Lexington Avenue, New York, NY 10022, Telephone: (212) 318-2000, https://www.bloomberg.com/feedback/ or any other party as specified by Bloomberg Second Measure from time to time.
C. Intellectual Property Issues.
1. General Inquiries.
Please send general inquiries regarding intellectual property issues to Bloomberg Second Measure L.P., 731 Lexington Avenue, New York, NY 10022, telephone (212) 318-2000, facsimile (917) 522-2600.
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: Paul Ramundo, Bloomberg L.P., 731 Lexington Avenue, New York, NY 10022, telephone (212) 318-2000, facsimile (917) 522-2600, e-mail: pramundo@bloomberg.net.
3. Trademark Notice.
BLOOMBERG, BLOOMBERG SECOND MEASURE, BLOOMBERG TERMINAL, BLOOMBERG PROFESSIONAL, BLOOMBERG MARKETS, BLOOMBERG NEWS, BLOOMBERG TRADEBOOK, BLOOMBERG BONDTRADER, BLOOMBERG TELEVISION, BLOOMBERG RADIO, BLOOMBERG.COM and BLOOMBERG ANYWHERE are trademarks and service marks of Bloomberg Finance L.P., a Delaware limited partnership, or its subsidiaries. All rights reserved.
D. Privacy Policy for This Site.
This Site’s privacy policy is available on the Site under the heading “Privacy Policy”.