Terms of Service: Subscription Products
READ ALL OF THE FOLLOWING TERMS OF SERVICE (“TOS”) FOR THE BLOOMBERG BNA
SUBSCRIPTION PRODUCTS AND THE WEB SITES ON WHICH THEY ARE LOCATED (each, a
“SITE,” and together, the “SITE”) BEFORE USING THIS SITE. By continuing to
access or use this Site, or any product or service on this Site, you signify
YOUR ACCEPTANCE OF THE TOS. The Bureau of National Affairs, Inc., together with
its applicable subsidiaries (“BBNA”) 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 this Site. Your
access to or use of this Site, or any service on this Site, after the posting
of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as
modified. If, at any time, you do not wish to accept the TOS, you may not
access or use this Site. Any terms and conditions proposed by you which are in
addition to or which conflict with the TOS are expressly rejected by BBNA and
shall be of no force or effect.
general use of the Site, please see the terms located at http://www.bna.com/terms-conditions-a4726/.
Service: “Service” means any
of the paid subscription publications and products available on the Site in one
of the BBNA Practice Areas, including, for example, but not limited to, the
products currently known as Bloomberg Law, the U.S. Income Portfolios Library,
BNA Auditor, HR Decision Support Network, BNA Labor PLUS, Tax & Accounting
Center, Daily Environment Report, as well as the information, data, materials, software, functionality, services,
and content contained therein.
BBNA Practice Area: “BBNA Practice Area”
means the subject area of practice for the professionals to whom the Services
are directed, and which are comprised of: Legal and Business; Tax and
Accounting; Environment, Health and Safety; and Human Resources.
License: “License” means a current
and valid license to access one or more Service on the Site, and which may
include purchased subscription to one or more Service for one or more Users
associated with a Licensee, a trial subscription to a Service (or beta version
thereof) granted for one or more Users associated with a Licensee, or any other
valid and authorized right/license.
Licensee: “Licensee” means the individual or entity who holds
a License for one or more Service, and which may be a law firm, court,
government agency, corporation, organization, a law school, or some other
User: “User” means an
individual user who is covered by a valid License, and if under the License of
a larger entity, maintains a current and valid relationship with a valid
Licensee, such as, as applicable, employee, student, professor, administrator,
or authorized agent.
User Consent to the TOS and User Site Participation.
represent, warrant, and covenant that you are at least eighteen (18) years old,
a valid User, and you are a member of a professional, business or academic community
in a BBNA Practice Area whose primary purpose is to perform professional,
business or educational, research and analysis, and you are working in a court
or government agency; a professional or business corporation, organization or
other similar entity; or enrolled as a student in a law or business school. Your rights as a User are subject to and
conditioned upon (i) the validity of your License and (ii) a current and valid relationship
with your Licensee. Upon the cessation
of either condition (ie., you change employers or are no longer enrolled at
your law/business school and any authorized grace period of your license
following your graduation has expired), your rights shall immediately terminate
and you must immediately cease using
shall comply with any other applicable terms and conditions of use set forth in
connection with the Services, including but not limited to, as applicable to
you, a BBNA Customer Agreement, an Agreement for Bloomberg Law, a trial or beta
license agreement, a BBNA invoice, or any other purchase or license document
(as applicable, the “BBNA Service Agreement”). Unless explicitly set forth
otherwise, in the event of a conflict
between the provisions of the TOS and the BBNA Service Agreement, the provision
of these TOS shall prevail over the conflicting provision of the applicable
BBNA Service Agreement.
2. Intellectual Property.
Site and the Services, are proprietary and are protected by copyright laws,
international copyright treaties, and other intellectual property laws and
treaties. The Services are also protected as a collective work or compilation
under U.S. copyright and other laws and treaties. All individual articles,
columns, 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.
Services were developed, compiled, prepared, revised, selected, and arranged by
BBNA, its affiliates, 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, and 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 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 BBNA 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. BBNA shall retain all rights to all Content 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.
shall not use any of BBNA’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 BBNA 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
Uses. BBNA grants to you a nonexclusive, nontransferable, and limited
license to access, store and use the Services only as expressly permitted in
the TOS and any applicable BBNA Service Agreement. The Services are solely and
exclusively for your use (except as otherwise expressly permitted herein) and
shall not be used for any illegal purpose or in any manner inconsistent with
the provisions of these TOS or the applicable BBNA Service Agreement. You may
use content made available via the Services (“Content”) solely in the regular
course of legal and other professional, business or academic research and related
work for you and your firm or organization. Except as otherwise provided or
permitted by BBNA from time to time with respect to certain Content, you may, print
select and limited portions of Content and/or download select and limited portions
of Content to a storage device under your exclusive control (such printed and
stored Content, “Downloaded Content”) solely to (i) access such Downloaded Content
and distribute such Downloaded Content on an occasional basis (as such term is
defined in the Bloomberg BNA Copyright and Usage Guidelines (“Guidelines”)
within your firm or organization for purposes consistent with the terms and
conditions of the TOS and the applicable BBNA Service Agreement, and properly
crediting BBNA; (ii) quote and excerpt from such Downloaded Content by
electronic cutting and pasting or other means in memoranda, briefs, and similar
work product created by you in the regular course of your research and work;
and (iii) to the extent permitted by applicable copyright laws, but only on an
occasional basis (as such term is defined in the Guidelines), make and
distribute copies of Downloaded Content in the ordinary course of your primary
business of providing legal or professional services to clients or related support;
provided, however, that in all cases you preserve all copyright notices and
other proprietary notices. Notwithstanding anything to the contrary set forth
herein, upon notice you agree to comply with, and use of Content is subject to,
any rules, restrictions and/or requirements of third-party content providers
applicable to Content and your use of Content.
Except as expressly permitted in the Guidelines, TOS, or the applicable BBNA
Service Agreement, you shall not (i) recirculate, distribute, scrape, store,
transmit, publish, broadcast, copy, download, or otherwise use the Services,
Content, or any portion thereof in any form or by any means except with the
prior written consent of BBNA, and the consent of certain third-party content providers
and other providers of content or services available through the Services, as
applicable; (ii) share, recompile, decompile, disassemble, reverse engineer, or
make or distribute any other form of, or any derivative work from, the
Services, or Content, or any portion thereof; or (iii) store or use Downloaded Content
in an archival library, file site, database or other searchable repository except
as expressly permitted by the Guidelines and TOS or as quoted in your work
product (in compliance with the TOS). Except as expressly permitted in the TOS,
you shall not sell, license, or distribute Content (including Downloaded Content)
to third parties or use Content 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 and may not authorize any third
party to use the Services or Content (including Downloaded Content) in any
manner (including, without limitation, with respect to quantity, frequency of
access, distribution or scope of distribution, systematic or deliberate nature of
actions, as applicable) that could, in BBNA’s good faith judgment, either cause
the Services or Content so used to: (w) be a source of or substitute for the
Services or Content; (x) affect BBNA’s ability to realize revenue in connection
with the Services or Content; (y) compete with the business of BBNA or its
affiliates; or (z) negatively affect network or servers of BBNA or its
affiliates, including without limitation the speed of delivery of Content.
Notwithstanding anything to the contrary in the TOS or any BBNA Service
Agreement, BBNA reserves the right, in its sole discretion, temporarily or
permanently to block access to the Services and Content, including the ability
to download or distribute any Content, at any time without notice and effective
immediately. Unauthorized access or use of the Services or Content is unlawful
and BBNA and its suppliers shall have all rights provided by law to prevent
such access or use and to collect damages in such event.
Restrictions: Except as expressly permitted in the Guidelines, TOS, or the
applicable BBNA Service Agreement, you shall not, intentionally or
unintentionally: (i) use this Site in any manner that could harm, take over,
disable, overburden, or otherwise impair any computer systems of BBNA or its
affiliates; (ii) interfere with any other party’s use and enjoyment of this Site,
or any of the Services or Content contained therein; (iii) access, monitor or
copy any content or information on this Site, including but not limited to user
information, or this Site’s architecture, using any robot, spider, scraper, web
crawler, or other automated means or any similar manual process or any
software; (iv) violate the restrictions in any robot exclusion headers of this
Site, if any, or bypass or circumvent other measures employed to prevent or
limit access to the Services; (v) attempt to gain unauthorized access to any
services, servers, or networks used by this Site through any means; (vi)
attempt to gain access to the Services or Content through any means not
intentionally made available by BBNA; or (vii) use the Services, Content, or
any trademarks, trade names, service marks, copyrights, or logos of BBNA or its
affiliates in unsolicited mailings or spam material.
4. Fees and Charges.
the Services is subject to timely payment, by User or Licensee, for all fees
required under the applicable BBNA Service Agreement. Additionally, each User
shall be responsible for and shall pay to BBNA any applicable fees and/or
levies imposed or charged in connection with fee-liable Content or services
accessed through the Services at your request where you are informed of such
fees in advance.
5. Registration, Access, and Security.
and User ID. If you access the Services using a unique username and
password, you agree as follows: As part of the registration process which may
be necessary to obtain access to the Services, certain registration information
will be provided to BBNA. You represent that your registration information is
accurate and truthful. You shall promptly inform BBNA, of any updates to your
registration information in order to keep it true, accurate, and up to date.
Each registration is for a single user only. BBNA reserves the right to deny
creation of your account based on BBNA’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. 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 BBNA, 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. Only you may access the
Services through the User ID and access may not be shared with any other person
or used in any manner that is inconsistent with the TOS. You agree to maintain
only one account with the Services at any time and certify that you currently
have no other account(s) with the Services. You agree to securely log-out when
not using the Services, to not leave unattended any devices which are logged in
to the Services, and to generally restrict access relating to and maintain the
security of your account.
(i) Alternate User Authentication Method. BBNA may, in its reasonable discretion, agree
with a Licensee on alternate methods of user authentication, such as
enterprise-wide single sign-on (“User Authentication”). If you access the Services using such User
Authentication, you agree as follows: Any
information you provided to your respective Licensee relating to your identity
and used to register for or access the Services is accurate and truthful, and
you shall make any updates with your Licensee to keep it true, accurate, and up
to date. BBNA reserves the right to deny access to your account based on BBNA’s
inability to verify the authenticity of your User Authentication. You may use your User Authentication 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. You agree to treat the User Authentication
as confidential and not to disclose such User Authentication, either directly
or indirectly, to any person. You shall not set any portion of your User
Authentication with information or language that BBNA, 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 Authentication. Only you may access the Services through your unique User
Authentication and access may not be shared with any other person or used in
any manner that is inconsistent with the TOS. You agree to maintain only one
account with the Services at any time and certify that you currently have no
other account(s) with the Services. You agree to securely log-out when not
using the Services, to not leave unattended any devices which are logged in to
the Services, and to generally restrict access relating to and maintain the
security of your account.
You agree to promptly notify BBNA of any known or suspected unauthorized use of
the 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. You agree properly to exit the Services at
the end of each session. BBNA 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 is 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, BBNA reserves the right to pursue any and
all claims against you and any person or entity using your User ID.
and Monitoring. BBNA reserves the right 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. Notwithstanding anything
to the contrary, BBNA shall have the right to use and disclose information
obtained from or input by you as part of any legal process or proceeding or as
required by law.
6. Disclaimer and Limitation of Liability.
Each time you use the Services, you shall be deemed to represent, warrant, and
covenant to BBNA and its affiliates 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 Services complies with all applicable laws, rules, and regulations. You
covenant that you shall not use the Services or any information obtained
through the Services, including but not limited to, any information obtained
from public records or motor vehicle related information (e.g., motor
vehicle registration, vehicle identification number, driver license
information, etc.), (y) in violation of any law, including but not limited to
the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (“FCRA”) or
the Driver’s Privacy Protection Act (18 U.S.C. § 2725); or (z) as a factor in
establishing a consumer’s eligibility for credit or insurance to be used
primarily for personal, family, or household purposes, or any other purpose
addressed by the FCRA.
NEITHER BBNA 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, OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND
THE SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
BBNA does not warrant that the Services are compatible with your equipment or
that the Services, or that any electronic communications sent by BBNA 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 BBNA and its affiliates
are not liable for any damage you may suffer as a result of such destructive
features. None of BBNA, 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 BBNA,
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 BBNA
has been advised specifically of the possibility of such damages, including
without limitation any inability or failure to perform legal or other research
or related work or to perform such legal or other research or work properly or
completely (even if assisted by BBNA or its affiliates). None of BBNA, its
affiliates, or their respective suppliers guarantee the accuracy, correctness,
completeness, 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. Notwithstanding anything to the contrary set forth herein, to
the maximum extent permitted by law, none of BBNA, its affiliates, or their
respective suppliers shall, directly or indirectly, be liable, in any way, to
you or any other person for any inaccuracies, delays, errors, or interruptions
in the Services from whatever cause, or any loss or damage arising therefrom or
occasioned thereby, or by reason of any nonperformance. BBNA does not control
the content of other web sites, services, goods, or advertisements that may be
linked to the Services and therefore is not responsible for the availability,
content, or accuracy of linked web sites, services, goods, or advertisements.
Notwithstanding anything to the contrary in the TOS, to the extent permitted by
law, the aggregate liability of BBNA and its affiliates arising in connection
with the TOS for damages, regardless of the form of the action, shall not
exceed $500. 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.
and other Advice. NONE OF THE SERVICES NOR ANY PORTION THEREOF CONSTITUTE ACTUAL
LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE, OPINION, OR
RECOMMENDATION BY BBNA, ITS AFFILIATES, OR ANY CONTENT PROVIDER. IF LEGAL OR
OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT
PROFESSIONAL SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS
WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, LEGAL OR TAX OPINIONS,
RECOMMENDATIONS 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 CONTENT,
OR INCORPORATING OR REFERENCING THE CONTENT. NO ATTORNEY-CLIENT RELATIONSHIP IS
FORMED WITH BBNA, ITS AFFILIATES, OR ANY SUPPLIER OF CONTENT THROUGH USE OF THE
SERVICES. NONE OF THE SERVICES OR CONTENT SHALL CONSTITUTE OR BE CONSTRUED AS A
RECOMMENDATION, SOLICITATION, OFFER, OPINION, BY BBNA (ITS AFFILIATES OR ANY
CONTENT PROVIDER) FOR ANY FINANCIAL TRANSACTION, THE PURCHASE OF ANY FINANCIAL
INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT.
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.
If you breach or threaten to breach any provision of the TOS, BBNA shall be
entitled to seek injunctive relief to enforce the provisions hereof, but
nothing herein shall preclude BBNA from pursuing any action or other remedy for
any breach or threatened breach of these TOS, all of which shall be cumulative.
If BBNA prevails in such action, BBNA shall be entitled to recover from you all
reasonable costs, expenses and attorneys’ fees incurred in connection
therewith. BBNA retains the right temporarily or permanently to block access to
the Services if BBNA, 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.
Communications. BBNA 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. BBNA 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.
shall use commercially reasonable efforts to keep confidential the information
you enter into the BLOOMBERG LAW “Workspaces,” provided that this obligation
shall not apply to any information that: (i) you provide in connection with
another service, function or product of BBNA or its affiliates, or other
agreement between you and BBNA or its affiliates; (ii) previously resided, on a
non-confidential basis, in the BLOOMBERG LAW service directly relating to
information entered by you in the BLOOMBERG LAW service; (iii) becomes
generally known or available to the public or is disclosed without restriction
in published materials or is disclosed, not due to a breach of any
confidentiality obligations upon BBNA or its affiliated entities; (iv) is known
to BBNA or its affiliated entities at the time of disclosure by you; (v) BBNA
or its affiliated entities obtains from a third party or a source other than
you which is not known to BBNA or its affiliated entities to be subject to confidentiality;
(vi) you instruct BBNA or its affiliated entities to disclose; or (vii) BBNA or
its affiliated entities are legally required to disclose.
recognize that BBNA, its affiliated entities, its suppliers and their
affiliated entities (together, the “Covered Entities”), each have rights with
respect to the Services, including the Content, software, data, information and
other items provided by BBNA 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 “BBNA” as used in Section
6 hereof includes all the Covered Entities.
terminate the TOS immediately upon written notice to BBNA if you also
discontinue your access to and use of the Services. For the avoidance of doubt,
any such termination shall not terminate, or terminate any of your or your
employer’s obligations under, the Agreement for Trial of the BLOOMBERG LAW, the
BBNA Customer Agreement, the Agreement for BLOOMBERG LAW, the Agreement for the
BLOOMBERG PROFESSIONAL service, or any other applicable BBNA Service Agreement.
Notwithstanding anything to the contrary in the TOS, BBNA reserves the right to
terminate the TOS, or suspend or terminate your access to and use of the
Services and Data, or any portion thereof, in its sole discretion, at any time
without notice and effective immediately. The TOS and your access to the
Services will terminate immediately without notice from BBNA if you, in BBNA’s
sole discretion, fail to comply with any provision of the TOS. BBNA shall not
be liable to you or any third party for the termination or suspension of the
Services or access to the Data, or any claims related to the termination or
suspension of the Services or access to the Data. Upon termination of the TOS
for any reason whatsoever, you shall discontinue your access to and cease all
use of the Services, including any Content or Downloaded Content including,
without limitation, for those restricted uses set forth in Sections 3(b) (c)
10. Governing Law.
shall be governed by and construed in accordance with the laws of the United
States and the Commonwealth of Virginia, 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 Arlington County,
Virginia in connection with any matters arising out of these 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.
11. United States Export Control & Foreign Assets Control
does not represent that materials in the Services are appropriate or available
for use in any particular location. Those who choose to access the Services do
so on their own initiative and are responsible for compliance with all
applicable laws. 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, or
(b) a person or entity on the U.S. Treasury Department’s list of Specially
Designated Nationals and Blocked Persons or acting on behalf of any person or
entity on such list.
12. Entire Agreement/Severability/Waiver.
TOS, the documents and policies incorporated herein, either in their entirety
or by explicit reference, any other terms and conditions on this Site, and the
Agreement for Trial of Bloomberg Law, the BBNA Customer Agreement, the Agreement
for Bloomberg Law, the Agreement for the BLOOMBERG PROFESSIONAL service, or any
other BBNA Service Agreement, as applicable, constitute the entire agreement
between you and BBNA or its affiliated entity, as applicable, and govern your
use of the Services. If any provision of the TOS is found invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible, and the other provisions of the TOS will remain in force. The
failure of BBNA or its affiliated entity 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 BBNA or its applicable affiliated entity in
agree that BBNA has the right to change the content or technical specifications
of any aspect of the Services at any time in BBNA’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
BBNA and have no legal or contractual significance. Sections 2, 3(b), 3(c), 4
(with respect to fees incurred prior to termination), and 6 through 15 shall
survive any termination of the TOS.
not assign the TOS or the rights hereunder without the prior written consent of
BBNA. BBNA may assign the TOS and 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 BBNA.
15. Electronic Communications.
you visit this Site and when you communicate with BBNA electronically, you
consent to receive communications from us electronically. You agree that all
notices, disclosures, and other communications that BBNA 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.
16. Linking and Framing.
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 applicable
BBNA mark owned or licensed by BBNA and its affiliates solely for providing an
underlined, textual link from your web site to the publicly accessible home
page of this Site at http://www.bloomberglaw.com, http://www.bna.com, or such other product home page maintained by BBNA to which
you have a valid license, 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 BBNA or its affiliates
without express written permission from BBNA or its affiliates. Any violation
of this provision may, in BBNA’s or any of its affiliate’s discretion, result
in termination of your use of and access to this Site effective immediately.
B. INQUIRIES REGARDING THIS SITE’S CONTENT
inquiries, you should contact The Bureau of National Affairs, Inc., at 1801 S.
Bell Street, Arlington, Virginia 22202, Telephone: (703) 341-3500, Facsimile:
(800) 253-0332, or any successor operating agent or other party as specified by
BBNA from time to time.
C. INTELLECTUAL PROPERTY ISSUES
send general inquiries regarding intellectual property issues to
Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright
designated agent to receive notification of claimed infringement under Title II
of the Digital Millennium Copyright Act is: Peter Sherman, The Bureau of
National Affairs, Inc., 1801 S. Bell Street, Arlington, VA 22202, telephone
(703) 341-1818, e-mail: PSherman@bna.com.
2015 The Bureau of National Affairs, Inc. Use of this Service is subject to
terms and conditions of the applicable BBNA Service Agreement with BBNA.
Unauthorized access or distribution is prohibited. “Bloomberg BNA” and "BNA"
are registered trademarks of The Bureau of National Affairs, Inc.
"Bloomberg" is a registered trademark of Bloomberg Finance L.P., a
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trademarks are property of their respective owners. All rights reserved. “Exemplify”
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E. SPECIAL PROVISIONS
USERS. If you are a valid user of the BLOOMBERG PROFESSIONAL service (sometimes
known as the Bloomberg Terminal) and you have accessed BLOOMBERG LAW via the
BLOOMBERG PROFESSIONAL service, your use of BLOOMBERG LAW will be governed by
the applicable terms and conditions of use set forth in the agreement for the
BLOOMBERG PROFESSIONAL service, including all schedules, addenda, and exhibits
thereto (collectively, “Agreement for the BLOOMBERG PROFESSIONAL service”) that
are applicable to you or your employer, in addition to your use being subject
to the TOS. If there is a conflict between the provisions of the TOS and the
Agreement for the BLOOMBERG PROFESSIONAL service applicable to you, the
provision of the Agreement for the BLOOMBERG PROFESSIONAL service shall prevail
over the conflicting provision of the TOS.
GENERATED CONTENT. To the extent you elect to upload or input any content on a
Site you agree as follows:
a) Types of User Generated Content
i. “User Owned Content”
means any legal, business, tax or financial data validly belonging to User, its
Licensee, or any of their clients, that is submitted for the purpose of using
such Site function and data for carrying out User or its Licensee’s business
purpose, and shall remain the property of User or Licensee, as applicable.
“PII” means any personally identifiable or health-related information. The Site
is not designed or intended to serve as a repository of PII and BBNA makes no
warranty as to the manner in which such information would be held.
“Contributed Content” means any comments left in feedback areas, chats or other
material or content posted or submitted in any forums or other shared areas of
the Site, or any feedback or suggestion about the Site itself or the BBNA
Services or Content therein. All Contributed Content shall become the property
of BBNA, for use by BBNA, in its discretion throughout its business.
b) User Representations. You agree, represent
and warrant that none of the Content you submit shall:
• Violate or infringe the
rights of others including, without limitation, patent, trademark, trade
secret, copyright, publicity, privacy or other proprietary rights;
• Allow you to gain unauthorized access to the Site, or any account, computer
system, or network connected to the Site, by means such as hacking, password
mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortuous, or contains explicit,
graphic, objectionable or offensive descriptions or accounts;
• Victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal
information that has been posted by other users of the Site.
• Impersonates any person, business or entity, including BBNA, any of its
affiliated entities, or any of their employees or agents or falsely state or
otherwise misrepresent your affiliation with any person, business or entity,
including BBNA or any of its affiliated entities;
• Contains an advertisement or solicitation or encourages others to make a
• Contains viruses or any other computer code, files or programs that
interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment, or otherwise permit the unauthorized use of a
computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives
rise to civil liability or that otherwise encourages others to commit illegal
activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a
• Permits any person to access, using your account, any features of the Site
that may require registration;
• Results in a single message being posted to excessive locations throughout
the Site, results in messages being posted to any part of the Site if that
message is, in our view, off-topic or in violation of these TOS; or
• Violates this TOS, guidelines or any policy posted on the Site, or interferes
with the use of the Site by others.
c) Disclaimer and Safe Harbor.
BBNA has no obligation to retain or store any User Generated Content. BBNA
makes no representations as to the accuracy, non-infringement or validity of
any User Generated Content. BBNA does
not monitor the Site or any User Generated Content, however, BBNA reserves the
right to remove, delete or refuse to post any User Generated Content and to
disable access for any Users if BBNA feels that such Content or Users may
set forth above, or otherwise in BBNA’s discretion. Notwithstanding this
right of ours, Users shall remain solely responsible for the content you post
on our Site. You acknowledge and agree that neither BBNA nor any of its
affiliates shall assume or have any liability for any action or inaction by BBNA
with respect to any conduct within the Site or any communication or posting on
the Site. BBNA also reserves the right to disclose any information that BBNA believes
necessary to satisfy any law, regulation or governmental request, or to refuse
to post or to remove any information or materials, in whole or in part.
Last updated February 2015