PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) FOR THE BLOOMBERG EXAM PREP PRODUCT WEB SITE (“THIS SITE”) BEFORE USING THIS SITE. By continuing to access or use this Site, or any service on this Site, you signify YOUR UNCONDITIONAL ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION THE ARBITRATION AGREEMENT AND CLASS ACTON WAIVER DESCRIBED IN PARAGRAPH 12 BELOW.
You represent, warrant, and covenant that you (i) are at least eighteen (18) years old; and (ii) are a visitor or course participant as those terms are defined below. Each time you use the Services, you shall be deemed to represent, warrant, and covenant to Bloomberg that: (i) you have read and agree to be bound by the TOS and you have all requisite regulatory and legal authority to enter into and be bound by the TOS; and (ii) your use of the Services complies with all applicable laws, rules, and regulations, including but not limited to, data protection, privacy, and security laws. You covenant that you shall not use the Services or any information obtained through the Services in violation of any law. If you are at least eighteen (18) years old and you have not reached the age of majority in your jurisdiction, you may only use the Services if your parent or guardian consents to your use of the Services, assumes the obligations provided in the TOS, and assumes full responsibility for your use of the Services.
The Services are intended for individuals who visit this Site (each person, a “visitor”) and for visitors who register for and take a BLOOMBERG EXAM PREP course (each person, a “course participant”). Bloomberg, in its sole discretion, shall determine the intended and acceptable uses of the Services. You acknowledge that the Services are provided for information purposes only, and that Bloomberg does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service.
You represent, warrant, and covenant that you have completed any registration process necessary to use this Site, if required. If you are a user of the Services as set forth in this Section 1, then at any time you no longer satisfy this provision, you must immediately cease using the Services. You shall comply with all other applicable terms and conditions of use set forth in connection with the Services, including, but not limited to, conduct rules for course participants presented at the time a course participant takes a BLOOMBERG EXAM PREP course and additional terms and conditions set forth on the Site.
a) This Site, and all of the content it contains, or may in the future contain, including but not limited to, its information, data, materials, software, functionality, services, content, equipment, text, designs, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property and related email messages and communications made by Bloomberg (the “Services”), is owned by or licensed by Bloomberg or other third parties and is protected from unauthorized use, copying and dissemination by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, directories, instructional materials, and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with the Services.
b) The Services were developed, compiled, prepared, revised, selected, and arranged by Bloomberg and others (including certain information sources) (individually and collectively, “IP Rights Holders”) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the IP Rights Holders. You acknowledge and agree that you have no ownership rights in or to the Services and that no such rights are granted under the TOS. You agree to protect the proprietary rights of the IP Rights Holders during and after your use of the Services. You shall honor and comply with all written requests made by the IP Rights Holders to protect their contractual, statutory, and common law rights in the Services with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts. You agree to notify Bloomberg in writing promptly upon becoming aware of any claim that the Services infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights. To notify Bloomberg of any claim, you should contact Bloomberg at 731 Lexington Avenue, New York, NY 10022, Telephone: (212) 318-2000, Facsimile: (917) 522-2600, e-mail: firstname.lastname@example.org or any successor operating agent or other party as specified by Bloomberg from time to time. Bloomberg shall retain all rights to all data comprising or included in the Services (including without limitation, related information such as instructional materials and videos). The granting of this license does not affect the ownership of any data or materials, whether tangible or intangible.
c) You shall not use any of Bloomberg’s or its affiliates’ trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are identified with you or that you are associated with or licensed by Bloomberg or its affiliates to use such names or marks, and you acknowledge that you have no ownership rights in or to any of these names or marks.
a) Visitors. Bloomberg grants to you a nonexclusive, nontransferable, and limited license to access and use the Services (collectively, “Use the Services”) only for your personal use and benefit. You shall not Use the Services other than as expressly permitted in the TOS as applicable to visitors. If you are a visitor, you are authorized to view the material on the Services for your personal, noncommercial use. If you are a visitor, you are prohibited from printing or downloading any material on the Services. The Services, including any information contained therein, are solely and exclusively for your use and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOS. You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with the TOS.
b) Course Participants. Bloomberg grants to you a nonexclusive, nontransferable, and limited license to Use the Services only for your personal use and benefit in order to register for and take a BLOOMBERG EXAM PREP course. You shall not Use the Services other than as expressly permitted in the TOS as applicable to course participants. If you are a course participant, you are authorized to view a single copy of the material on the Services solely for your personal, noncommercial use. If Bloomberg expressly permits downloading of the material on the Services, you are authorized to download a single copy of the material on the Services solely for your personal, non-commercial use. If you qualify for Pass Protection, as determined in Bloomberg’s sole discretion, you are authorized to view and/or download an additional copy of the material on the Services solely for your personal, non-commercial use. The Services, including any information contained therein, are solely and exclusively for your use and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOS. You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with the TOS.
c) Restrictions. Except as specifically permitted by the TOS, you may not copy reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way or make any use of the Services or any portion thereof. You agree that you may not use the Services for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Except as expressly permitted in the TOS, you shall not (i) recirculate, distribute, scrape, store, print, email, transmit, publish, broadcast, copy, download, or otherwise use the Services, or any portion thereof in any form or by any means except with the prior written consent of Bloomberg, and the consent of certain third-party data providers and other providers of data or services available through the Services; or (ii) share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Services or any portion thereof. Notwithstanding anything to the contrary in the TOS, you may not use or distribute, and may not permit any third party to use or distribute, the Services in any manner (including, without limitation, with respect to quantity, frequency of access, or distribution or scope of distribution, as applicable) that could, in Bloomberg’s good faith judgment, either cause the Services so used to: (w) be a source of or substitute for the Services; (x) affect Bloomberg’s ability to realize revenue in connection with the Services; (y) compete with the business of Bloomberg or its affiliates; or (z) negatively affect Bloomberg’s network or servers, including without limitation the speed of delivery of the Services. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of Bloomberg or such third party that may own the Service or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Notwithstanding anything to the contrary in the TOS, Bloomberg, in its sole discretion, reserves the right to terminate your access to and use of the Services, or any portion thereof, and temporarily or permanently to block access to the Services at any time without notice and effective immediately. Unauthorized access or use of the Services is unlawful and Bloomberg and its suppliers shall have all rights provided by law to prevent such access or use and to collect damages in such event. Any use of the Service other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.
d) Additional Restrictions: You shall not: (i) use this Site in any manner that could harm, take over, disable, overburden, or otherwise impair any of Bloomberg’s computer systems; (ii) interfere with any other party’s use and enjoyment of this Site, or any of the content, information or services provided on this Site; (iii) access, monitor or copy any content or information on this Site, including but not limited to user information, or this Site’s architecture, using any robot, spider, scraper, web crawler, or other automated means or any similar manual process or any software; (iv) violate the restrictions in any robot exclusion headers of this Site, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services; (v) attempt to gain unauthorized access to any services, servers, or networks used by this Site through any means; (vi) attempt to gain access to the Services through any means not intentionally made available by Bloomberg; (vii) use the Services, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Bloomberg or its affiliates in unsolicited mailings or spam material; (viii) use the Services, or the information contained therein, for any illegal or unlawful purpose, including, but not limited to, engaging in (or attempts to engage in) stalking, fraud, harassment, any criminal activity, and conspiracy to commit any criminal activity; (ix) use the Services, or the information contained therein, for any discriminatory purpose or in any discriminatory manner; (x) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph; (xi) use the Services, or the information contained therein, to sell or promote any products or services; or (xii) use the Services, or the information contained therein, to respond to or contact others in any manner or for any purpose other than that which is expected (i.e., to initiate or have further discussion regarding career development, including employment opportunities).
e) Submissions. Bloomberg’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, Bloomberg may freely use the submission, in whole or in part, for any purpose without any obligation to you.
Without limiting the generality of the foregoing, if you submit material (i.e., user-generated content, including, but not limited to: comments, text, video, audio, and photographs) to this site, any other site owned by BLP and its affiliates or to BLP or its representative, or if you send us creative suggestions, ideas, notes, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”), despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Bloomberg, and Bloomberg shall not be liable for any use or disclosure of any Submissions. Unless Bloomberg indicates otherwise, you grant Bloomberg a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Submissions throughout the world in any form, media, or technology now known or hereafter developed. You also permit others to access, store, or reproduce such Submissions for that user’s use and dissemination. You grant Bloomberg the right to use the name that you submit in connection with Submissions. You agree and understand that Bloomberg is not obligated to use any Submission you make to this site or Bloomberg and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Bloomberg is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Bloomberg does not place Bloomberg in a position that is any different from the position held by members of the general public with regard to your Submission. You represent and warrant that you are the original author or creator of the Submissions (except as expressly indicated otherwise), that neither the permission nor consent of any other person or entity is required to enable Bloomberg to legally use your Submission in accordance with this license and that Bloomberg’s use of your Submission in accordance with this license will not violate or infringe upon the rights of any person or entity, and that you own or otherwise control all of the rights to the Submissions that you submit; that the Submissions do not contain any personally identifiable information of any other person unless that person authorized you to disclose the information; that the Submissions you submit are truthful and accurate; that use of the Submissions you supply do not violate this TOS and will not cause injury to any person or entity; that the Submissions you submit will not violate any laws or regulations or right of any third party, including without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws; and that you will indemnify Bloomberg and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from Submissions you supply. Bloomberg and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Submissions submitted by you or any third party. You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas, and forever release and discharge Bloomberg and its licensees from any and all claims you may have in connection with Bloomberg’s use of your Submission in accordance with this license. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Bloomberg’s actual or alleged exploitation or use of any material you submit to this site and/or Bloomberg, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any Bloomberg product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. You agree that this authorization contains the full and complete understanding between Bloomberg and you regarding Bloomberg’s use of your Submission and cannot be modified except by a document signed by Bloomberg and you.
Bloomberg reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Bloomberg requires a fee for portions of the Service or the Service as a whole, Bloomberg will require you to register and create an account. The decision to provide the information required to create an account is purely voluntary and optional; however, if you elect not to provide such information, you will not be able to access certain content or participate in certain parts or features of this site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Bloomberg or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. All amounts paid by you to Bloomberg in connection with the Service shall be non-refundable. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time in Bloomberg’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. Unless Bloomberg agrees to provide you with a time-limited, free trial of the Service (a “Free Trial”), in no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required until Bloomberg receives all fees and charges payable by you, including the Prepaid Fee.
a) Registration and User ID. As part of the registration process which may be necessary to obtain access to the Services, certain registration information will be provided to Bloomberg. You will provide Bloomberg with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that BLP, in its sole discretion, deems offensive or inappropriate. You shall promptly update the registration information through the Services (including via any functionality provided by Bloomberg) or as otherwise directed by Bloomberg in order to keep such information true, accurate, and up to date. Each registration is for a single user only. Bloomberg reserves the right to deny creation of your account based on Bloomberg’s inability to verify the authenticity of your registration information. You shall gain access to the Services through a unique username and password (your unique username and password, the “User ID”), which may be used by you to gain access to the Services only for so long as you are authorized to access and use the Services in accordance with the TOS. Such User ID enables you to access the Services on any non-server device permitted by Bloomberg (such as, but without limitation and at Bloomberg’s sole discretion, a desktop computer, laptop computer, phone or PDA, and hereafter a “Device”). You agree to treat the User ID as confidential and not to disclose such User ID, either directly or indirectly, to any person. You shall not use a User ID that Bloomberg, in its sole discretion, deems offensive or inappropriate. You are fully responsible for all usage and activity of the Services through you, including, but not limited to, any use of the User ID. You agree you will not sell, transfer or assign your User ID or any membership rights. You are responsible for all access by other users to materials that you maintain on the Services. Only you may access the Services through the User ID and access may not be shared with any other person or used in any manner that is inconsistent with the TOS. You also agree not to access the Services simultaneously from two or more Devices. You understand and agree that you have no ownership rights in your account. You understand and agree that if you cancel your account, Bloomberg and third parties may retain copies of information provided by you.
b) Security. You agree (i) immediately to notify Bloomberg at email@example.com of any known or suspected unauthorized use(s) of the Services, including but not limited to your User ID, or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of a User ID or your credit card information; and (ii) properly to exit the Services at the end of each session. BLOOMBERG SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS. If a Device on which the Services are accessed is sold or transferred to another party, you agree to delete all cookies and software files obtained by or through use of the Services that are stored on such Device. Notwithstanding anything else herein, Bloomberg reserves the right to pursue any and all claims against you and any person or entity using your User ID. If Bloomberg has reason to believe that there is likely to be a breach of security or misuse of the Services, then Bloomberg may require you to change your User ID or Bloomberg may suspend your account.
c) Audit and Monitoring. Bloomberg reserves the right periodically to audit and monitor (physically or electronically) the use of the Services to ensure compliance with the TOS and to maintain and improve the provision of the Services.
a) No Endorsement or Solicitation. Nothing on the Site or otherwise in connection with the Services shall be considered an endorsement or representation with respect to the business practices, products, services, or otherwise of any user or third party. You acknowledge that: (i) the Services may include certain information taken from third party sources; (ii) the provision of certain parts of the Services are subject to the terms and conditions of other agreements to which Bloomberg is a party; and (iii) none of the information contained on the Site constitutes a solicitation, offer, opinion, or recommendation by Bloomberg to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment, or any educational or career services.
b) The BLOOMBERG EXAM PREP course is not an accredited program, and is provided for informational purposes only. You understand, acknowledge, and agree that Bloomberg does not represent or warrant that the BLOOMBERG EXAM PREP course conforms with any educational or testing standards or qualifications prescribed by any private or governmental entity.
c) You acknowledge that the information provided in the Services is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation or subject Bloomberg or its affiliates to any liability or cause them to violate any law or regulation.
d) Liability. NEITHER BLOOMBERG NOR ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE SERVICES AND EACH DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER BLOOMBERG NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES, OR TIMELINESS OF THE SERVICES IN MEETING YOUR OBJECTIVES. WITHOUT LIMITATION OF THE FOREGOING, BLOOMBERG DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. BLOOMBERG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLOOMBERG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
Bloomberg and its affiliates are not responsible or liable for any unauthorized access to or use of your personally identifiable information obtained or maintained. By accessing the Services, you acknowledge and agree to this disclaimer of liability. If you do not agree, you should not access or use the Services.
Bloomberg does not warrant that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by Bloomberg or its affiliates, are or will be free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and Bloomberg and its affiliates are not liable for any damage you may suffer as a result of such destructive features. Under no circumstances, shall Bloomberg, its parents, affiliates, subsidiaries, suppliers, agents, directors, officers, employees, representatives, successors, licensors or assigns, or their respective suppliers and third-party agents have any responsibility or liability to you or any other third party, contingent or otherwise, for any injury or damages of any kind, whether based in tort, contract, strict liability or otherwise, whether caused by the negligence of Bloomberg, its affiliates, any of their respective employees, subcontractors, agents or equipment vendors or otherwise, arising in connection with the Services, or for any lost profits, losses, incidental, consequential, special, punitive, or exemplary damages or for any claim against you by any other party, even if Bloomberg has been advised specifically of the possibility of such damages. None of Bloomberg, its affiliates, or their respective suppliers guarantees the accuracy, correctness, completeness, quality, or timeliness of the Services or any programs, data, or other information furnished in connection therewith. You are solely responsible for the accuracy and adequacy of the data and information you use and the resultant output thereof. NEITHER BLOOMBERG NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS OF THE SERVICES, USERS OF OTHER BLOOMBERG PRODUCTS AND SERVICES, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY SUCH USERS.
Notwithstanding anything to the contrary set forth herein, to the maximum extent permitted by law, shall Bloomberg, its parents, affiliates, subsidiaries, suppliers, agents, directors, officers, employees, representatives, successors, licensors or assigns, or their respective suppliers shall, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies, delays, errors, or interruptions in the Services from whatever cause, or any loss or damage arising therefrom or occasioned thereby, or by reason of any nonperformance. The content of other Web sites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Service is not maintained or controlled by Bloomberg. Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site Bloomberg does not control the content of Third Party Sites, services, goods, or advertisements that may be linked to the Services and therefore is not responsible for the availability, content, or accuracy of linked web sites, services, goods, or advertisements, and does not make any endorsement, express or implied, of any Third Party Sites, services, goods or advertisements that may be linked to the Services. Bloomberg is not responsible for the reliability or continued availability of the services, communications media, and equipment you use to access the Services. If you decide to leave this site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You understand that Bloomberg may choose at any time to inhibit or prohibit the content of the Services from being accessed.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to any claims you may have in connection with this site or these TOS. 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.
YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION OBTAINED THROUGH THE SERVICES SUCH AS THE DATA.
Notwithstanding anything to the contrary in the TOS, to the extent permitted by law, the aggregate liability of Bloomberg and its affiliates arising in connection with the TOS and the Services for damages, regardless of the form of the action, in no event shall exceed the amount paid by you, if any, for accessing the Site and the Services and this shall be your exclusive remedy. Notwithstanding the foregoing, the TOS, shall not limit any liability for death or personal injury directly resulting from negligence if and to the extent such limitation would violate applicable law. No action, regardless of form, arising out of or pertaining to the Services may be brought by you more than one year after the cause of action has accrued.
e) Indemnification. (i) You agree, at your own expense, to indemnify, defend, and hold harmless Bloomberg, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Services, or any links on the Services, including, but not limited to: (i) your use or someone using your computer’s use of the Services; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Services by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Services by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Bloomberg reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bloomberg in asserting any available defense. You acknowledge and agree to pay Bloomberg’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Bloomberg under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify Bloomberg pursuant to the TOS. (ii) In the event you have a dispute with one or more users, you release Bloomberg, its affiliates, or their respective suppliers from all claims, demands, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or contact.
f) 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.
g) Remedies. If you breach or threaten to breach any provision of the TOS, Bloomberg shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Bloomberg from pursuing any action or other remedy for any breach or threatened breach of these TOS, all of which shall be cumulative. If Bloomberg prevails in any such action, Bloomberg shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith. Bloomberg retains the right temporarily or permanently to block access to the Services if Bloomberg, in its sole discretion, believes the Services have been or may be used for an improper purpose or in violation of the terms of the TOS or the rights of any third party.
h) Third-Party Communications. Bloomberg disclaims all liability for any third-party communication you may receive or any actions you may take or refrain from taking as a result of any communication directed to you from any third party, directly or indirectly in connection with this Site and the Services provided herein (“Third-Party Communication”). You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communication. Bloomberg assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communication.
(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.
You recognize that Bloomberg, its affiliated entities, their suppliers, and their affiliated entities (together, the “Covered Entities”), each have rights with respect to the Services, including the software, data, information and other items provided by Bloomberg and its affiliated entities by reason of your use of the Services. Section 6 shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees and representatives of the Covered Entities. The term “Bloomberg” as used in Section 6 hereof includes all the Covered Entities.
a) If you are a visitor, you may terminate the TOS immediately upon written notice to Bloomberg if you also discontinue your access to and cease to Use the Services and destroy or purge all materials obtained from the Services.
b) If you are a course participant, the TOS shall be effective from the date on which you click “I Agree” and shall continue in full force and effect thereafter for twelve months following the date on which you first use the course, or until the exam date you have designated during your registration, whichever is earlier (the “Test Prep Term”) unless earlier terminated in accordance with the following: (i) you may terminate the TOS immediately upon written notice to Bloomberg; (ii) Bloomberg may terminate the TOS at any time upon not less than 30 days’ prior written notice; and (iii) notwithstanding the foregoing (ii), Bloomberg may terminate the TOS immediately upon written notice if you breach any of the terms of the TOS. For the avoidance of doubt, the Test Prep Term shall not automatically renew. Notwithstanding the foregoing, if you qualify for Pass Insurance, as determined in Bloomberg’s sole discretion, Bloomberg may agree to extend the Test Prep Term for an additional six months. By subscribing to the Services and accepting the TOS, you authorize Bloomberg to charge your payment method at the beginning of your Test Prep Term; provided that, if Bloomberg offers you a Free Trial and you do not provide notice to Bloomberg prior to the end of the Free Trial term of your election not to continue Use of the Services after expiration of the Free Trial term, you authorize Bloomberg to charge your payment method at the beginning of your Test Prep Term.
c) If you have purchased a bundle of courses, you may start using each the included courses at any time during the bundle validity. The Test Prep Term shall apply to each individual course in accordance with Section 8(b).
d) Notwithstanding anything to the contrary in the TOS, Bloomberg reserves the right to terminate the TOS, or suspend or terminate your access to and use of the Services, or any portion thereof, in its sole discretion, at any time without notice and effective immediately. The TOS and your access to the Services will terminate immediately without notice from Bloomberg if you, in Bloomberg’s sole discretion, fail to comply with any provision of the TOS. Bloomberg shall not be liable to you or any third party for the termination or suspension of the Services, or any claims related to the termination or suspension of the Services.
e) 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 the TOS for any reason whatsoever, you shall discontinue your access to and cease to Use the Services and destroy or purge all materials obtained from the Services, and Bloomberg shall have the right to remove any or all of the equipment provided as part of the Services. You are advised that Bloomberg will aggressively enforce its rights to the fullest extent of the law.
The TOS is made under and shall be governed by and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof and with respect to any disputes or claims not subject to arbitration, 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.
By using this site in any way, you unconditionally consent and agree that: (1) 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 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 the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) 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; (3) the arbitration shall be held in New York City, New York; (4) 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; (5) 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; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Bloomberg Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Bloomberg Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Bloomberg Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Bloomberg agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bloomberg will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision 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, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Bloomberg shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
Bloomberg operates this site in the United States. Bloomberg makes no representation that the Service, including merchandise offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access this site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Bloomberg from its offices within the State of New York, United States. Bloomberg makes no representation that materials in this site are appropriate or available for use in other locations.
Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. By accessing the Services, you represent and warrant that you are not (a) located in, or a national or resident of, any country that is subject to U.S. trade sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) that prohibit the export of U.S. services, or (b) a person or entity named on OFAC’s List of Specially Designated Nationals and Blocked Persons (the “SDN List”) or acting on behalf of any person or entity on the SDN List.
To the extent that any software is made available as part of the Services, such software is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the SDN List or the U.S. Commerce Department’s Denied Persons List or Entities List (together referred to as “U.S. Prohibited Party Lists”). By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
The TOS, the documents and policies incorporated herein, either in their entirety or by explicit reference, and any other applicable terms and conditions set forth in connection with the Services constitute the entire agreement between you and Bloomberg and govern your use of the Services, 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. If any provision of the TOS is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force. Bloomberg’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed by Bloomberg in writing.
You agree that Bloomberg has the right to change the content or technical specifications of any aspect of the Services at any time in Bloomberg’s sole discretion. You further agree that such changes may result in your being unable to access the Services. The section titles in the TOS are used solely for the convenience of you and Bloomberg and have no legal or contractual significance. Sections 2, 3(e), 3(f), 4 (with respect to fees incurred prior to termination), and 6 through 15 shall survive any termination of the TOS.
You may not assign the TOS or the rights hereunder, including but not limited to, your license to access and use the Services, without the prior written consent of Bloomberg. Bloomberg may assign the TOS to an affiliate. You acknowledge and agree that Bloomberg may delegate certain of its responsibilities, obligations, and duties under or in connection with the TOS to a third party or affiliate, which may discharge those responsibilities, obligations, and duties on behalf of Bloomberg.
When you visit this Site and when you communicate with Bloomberg electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that Bloomberg provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. Bloomberg will retain a copy of any agreement you sign through this Site, and you are responsible for retaining a copy of any agreement you sign through this Site.
You may not frame this Site. Upon linking to this Site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sublicense to use the BLOOMBERG mark owned by Bloomberg or its affiliates solely for providing an underlined, textual link from your web site to the publicly accessible home page of this Site at www.bloombergprep.com provided that, you do not link this Site to any web site containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. You may not link your web site to any other web pages of this Site and you may make no other use of the marks, names, or logos of Bloomberg or its affiliates without express written permission from Bloomberg or its affiliates. If you link to this website, or any portion thereof, we require that you follow these guidelines. Any violation of this provision may, in Bloomberg’s or any of its affiliate’s discretion, result in termination of your use of and access to this Site effective immediately.
For inquiries, you should contact Bloomberg at 731 Lexington Avenue, New York, NY 10022, Telephone: (212) 318-2000, Facsimile: (917) 522-2600, e-mail: firstname.lastname@example.org or any successor operating agent or other party as specified by Bloomberg from time to time.
Please send general inquiries regarding intellectual property issues to email@example.com.
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: William Ried, Bloomberg L.P., 731 Lexington Avenue, New York, NY 10022, telephone (212) 318-2000, facsimile (917) 522-2600, e-mail: firstname.lastname@example.org.
If you believe that any content appearing on this site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
BLOOMBERG, BLOOMBERG PROFESSIONAL, BLOOMBERG MARKETS, BLOOMBERG NEWS, BLOOMBERG ANYWHERE, BLOOMBERG.COM, BLOOMBERG RADIO, BLOOMBERG TELEVISION, BTV, BLOOMBERG TERMINAL, B-UNIT, BLOOMBERG PREP and BLOOMBERG EXAM PREP are trademarks and service marks of Bloomberg L.P., Bloomberg Finance L.P., or their subsidiaries. All rights reserved.
Bloomberg may offer at its sole discretion Pass Insurance to certain customers. You are not eligible for Pass Insurance if you have registered for the Services via any limited-time offer that doesn’t explicitly include Pass Insurance, or via an offer which isn’t available for the general public, such as corporate signup offers. You are not eligible for Pass Insurance if you have received complimentary access to the Services. You must make a Pass Insurance claim within 30 days after the publishing date of the results for the exam to which your Pass Insurance applied. If you do not submit a claim within such 30 day period, you will lose all eligibility for any Pass Insurance benefits.
Bloomberg may at its sole discretion void your Pass Insurance if it reasonably believes that you have violated the TOS. In particular, the Pass Insurance will be voided if Bloomberg believes you have used any automated means (such as scripts) to access the Services, have allowed anyone other than yourself to access the Services through your account, or have used the Services in some abnormal way that isn’t reasonable for genuine students (such as rapidly/randomly clicking through lessons/questions).
If you are eligible for Pass Insurance and you have failed to pass the applicable exam, you will be entitled to receive a free account renewal until the date of the next exam of that type (6 months for Level 1 CFA, and 12 months for Levels 2 and 3). The account renewal can’t be used for more than one extension, and can’t be used for any exam other than the closest available date following the failed exam.
To request a Free Account Renewal you must submit a request to email@example.com within the eligibility timeframe (detailed above), including the details required for viewing your exam results on the CFA Institute website.
From time to time we may offer a ‘money back guarantee’ (a “Guarantee”), entitling you to choose between a Free Account Renewal (as detailed above) and a refund of the initial fee you paid for the Services.
To be eligible for this Guarantee you must:
a) Start using the Services no less than 10 weeks before your exam.
b) Reach at least 95% progress through the course, by the day preceding your exam date. You can view your course progress percentage at any time on your course dashboard.
c) Take all of the simulation exams available to you.
d) Grant us access to your online exam results, by submitting an email to firstname.lastname@example.org including the details required for viewing your exam results on the CFA Institute website.
e) Fully comply with this TOS.
Any Guarantee will be a one-time offer and cannot be repeated for that exam level even if you continue to use the Services after the failed exam. Any Guarantee cannot be combined with other Pass Insurance benefits, such as a Free Account Renewal. Bloomberg shall have no obligation to provide any refund under any Guarantee if Bloomberg believes, in good faith, that you have not provided accurate information or you have not acted properly in the use of the Services.
You are not eligible for a Guarantee if you have registered for the Services via any limited-time and/or personal offer that doesn’t explicitly include a Guarantee, or via an offer which isn’t available to the general public, such as corporate subscriptions. You must make a Guarantee claim within 30 days from the publishing date of the results of the exam for which your subscription was valid. If you do not submit a claim within such 30 day period, you will lose eligibility for a refund under the Guarantee. To submit a Guarantee claim, submit to us your official exam results by email to email@example.com. As part of the Guarantee claim process, you may additionally be required to answer a short online survey conducted by Bloomberg. Bloomberg may at its sole discretion void your Guarantee privileges if it reasonably believes that you have violated this TOS.
Only the initial fee you paid for the Services may be eligible for a Guarantee. If you extend or upgrade your plan, and qualify for a Guarantee, you will not be refunded any fees you paid for such extension or upgrade.
If you have purchased a bundle of courses and you become entitled for a refund of one of the included courses, your refund shall be prorated and equal to the initial fee you have paid for the bundle, multiplied by the regular price of said course, and divided by the sum of regular prices of all courses included in the bundle. If you have received one or more courses for free as part of a promotion or a custom plan, only the courses for which you paid shall be eligible for a refund.
Refunds will be given via the same payment method used to make your original payment. However, if you submitted a valid claim more than 11 months following your first payment, and you have paid using a credit card, Bloomberg may be unable to reverse the original payment. In such case, Bloomberg will be entitled to offer you the choice between receiving a direct bank deposit, for a $50 processing fee, or the full amount via some popular gift card (such as an Amazon.com gift card). If Bloomberg notifies you that you have such choice, you must respond with your choice within 30 days or you will lose the eligibility for any refund.
From time to time we may offer a partial or full exam fee refund (a “Refund”) to certain customers.
Any claim that you make for a Guarantee, either for the money-back option or for a Free Account Renewal, voids your eligibility for a Refund.
You are not eligible for a Refund if you have registered for the Services via any limited-time and/or personal offer that doesn’t explicitly include a Refund, or via an offer which isn’t available to the general public, such as corporate subscriptions. You are not eligible for a Refund if you have received complimentary access to the Services. You must make a Refund claim within 30 days from the publishing date of the results of the exam for which your subscription was valid. If you do not submit a claim within such 30 day period, you will lose eligibility for a Refund. To submit a Refund claim, submit to us your official exam results by email to firstname.lastname@example.org. As part of the Refund claim process, you may additionally be required to answer a short online survey conducted by Bloomberg. Bloomberg may at its sole discretion void your Refund privileges if it reasonably believes that you have violated this TOS.
Refunds will be given via the same payment method used to make your original payment. However, if you submitted a valid claim more than 11 months following your first payment, and you have paid using a credit or debit card, Bloomberg may be unable to reverse the original payment. In such case, Bloomberg will be entitled to offer you the choice between receiving a direct bank deposit, for a $50 processing fee, or the full amount via some popular gift card (such as an Amazon.com gift card). If we notify you that you have such choice, you must respond with your choice within 30 days or you will lose the eligibility for any refund.
© 2016-2018 Bloomberg Exam Prep
Powered by MINDOJO
CFA Institute does not endorse, promote, or warrant the accuracy or quality of the products or services offered by Bloomberg Prep. CFA® and Chartered Financial Analyst® are registered trademarks owned by CFA Institute.