a. READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE BLACKROCK SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THE BLACKROCK SITE.
b. BLACKROCK RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING THE BLACKROCK SITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED. WE RESERVE THE RIGHT TO REFUSE TO PROVIDE OUR PRODUCTS AND SERVICES TO ANYONE AT ANY TIME.
c. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE BLACKROCK SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS. YOU MAY BE DENIED ACCESS TO THE BLACKROCK SITE, WITH OR WITHOUT PRIOR NOTICE TO YOU IF YOU DO NOT COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
d. Nothing contained on the BlackRock Site constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on the BlackRock Site constitutes a solicitation or offer by BlackRock, Inc. ("BlackRock") or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on the BlackRock Site are Your sole responsibility. As detailed below, in exchange for using the BlackRock Site, You agree to indemnify and hold BlackRock, its officers, directors, employees, affiliates, agents, contractors, licensors, suppliers and service providers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from Your use of the BlackRock Site, from Your violation of these Terms or from any decisions that You make based on such information.
e. The investments and strategies discussed in the BlackRock Site may not be suitable for all investors and are not obligations of BlackRock or its affiliates or guaranteed by BlackRock or its affiliates. BlackRock makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the BlackRock Site, BlackRock does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the BlackRock Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
f. All investments involve risk and may lose value. The value of an investment can go down depending upon market conditions. Fixed income investments are subject to risk including interest rate, credit, market and issuer risk. Currency exchange rates may cause the value of an investment to go up or down. Alternative strategies involve higher risks than traditional investments, may not be tax efficient, and have higher fees than traditional investments; they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain. BEFORE PURCHASING THE SHARES OF ANY INVESTMENT FUND, READ THE FUND'S PROSPECTUS OR OFFERING MATERIALS.
2. Authorized Users.
a. Age requirement; authority. In order to use the BlackRock Site, You must be at least 18 years of age. You represent that (i) You have read and understood, and that You agree to be bound by, this agreement and (ii) You are at least 18 years old. If You do not agree to, or cannot comply with, any of these terms and conditions of this agreement, You may not attempt to access or use the BlackRock Site.
b. Registration. You shall be the only authorized user of the Service under this Agreement. You shall be responsible for the confidentiality and use of Your Access ID, Security Password and, if issued to You for purposes of trade placement, Your Code ID, as well as any other security information (collectively, “Security Information”). You understand that You shall be solely responsible for all order requests and information (and the use of the information) transmitted through the Service using Your Security Information. We are not obligated to inquire as to the authority or accuracy of, and will not be liable for any loss, expense or other liability arising out of, instructions transmitted through the Service using your Security Information. You agree to defend, indemnify and hold harmless BlackRock, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of the BlackRock Site attributable to You or which occurs through the use of Your Access ID. You expressly agree that the use of the Service, including the transmission and storage of any information through such use of the Service, is at Your sole risk and responsibility.
c. Information Regarding Actual or Prospective Clients. If You are a financial advisor or other investment professional, You understand and expressly agree that You are responsible for gaining permission to enter information regarding any actual or prospective Client of Yours, and that You are also solely responsible for the accuracy of all such information. BlackRock disclaims any and all liability for inaccurate information, or improper information regarding third parties or such actual or prospective Clients. The BlackRock Site is intended to be used by You on behalf of actual or prospective Clients of Yours on a wholly anonymous basis to BlackRock. You understand and agree that You shall not provide the name, social security number, address, e-mail address or other identifiable characteristics of any individual that is an actual or prospective Client of Yours, and that BlackRock does not undertake any measures to protect the privacy of any such Client or to comply with laws, rules or regulations, whether Federal, state or otherwise, pertaining to the protection of personally identifiable information or data privacy. In the event You elect to insert the name of any actual or prospective Client of Yours on any report downloaded or exported by You, You agree not to send any such report to BlackRock (whether in connection with a technical support request or for any other reason). However, You understand that We may nonetheless retain, use and share with third parties the anonymized information provided by You for business or other commercial purposes.
d. Accuracy. You are responsible for verifying the accuracy and receipt of all information transmitted via the Service and for immediately notifying BlackRock of any errors or inaccuracies relating to information transmitted via the Service.
3. License to Use the BlackRock Site.
a. Grant of license. BlackRock grants to You a limited, non-exclusive, non-transferable license (revocable at any time and for any reason at the sole discretion of BlackRock) to access and use the BlackRock Site to access the information, tools and model portfolios contained therein in accordance with the terms and conditions set forth in this Agreement. BlackRock reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the BlackRock Site not specifically permitted under this agreement is strictly prohibited. You acknowledge that (i) BlackRock is not providing investment advice or making any recommendations to You, or any actual or prospective Client of Yours, through Your use of the BlackRock Site or the reports generated or exported from the BlackRock Site; (ii) BlackRock is not soliciting the sale or purchase of any securities to You, or from You, or any actual or prospective Client of Yours, through Your use of the BlackRock Site or the reports generated or exported from the BlackRock Site; (iii) BlackRock is not acting in an investment advisory, fiduciary or quasi-fiduciary capacity to You, or any actual or prospective Client of Yours, through Your use of the BlackRock Site or the reports generated or exported from the BlackRock Site; and (iv) BlackRock is not responsible for determining whether any investment or recommendation made by You to any actual or prospective Client of Yours, through Your use of the BlackRock Site or the reports generated or exported from the BlackRock Site, is suitable or appropriate for such Client or prospective Client of Yours. You are wholly responsible for, and BlackRock disclaims any responsibility or liability in connection with, Your provision of investment advice or recommendations to any actual or prospective Client of Yours or reports generated or exported from the BlackRock Site to any actual or prospective Client of Yours, and You shall indemnify BlackRock in respect of any such use as further contemplated in Section 9 hereof.
b. Certain Acknowledgements. In connection with any recommendation or decision to invest a Client’s account in a particular investment through Your use of the BlackRock Site or the reports generated or exported from the BlackRock Site, You agree that You and Your representatives and agents shall make such recommendation and/or decision based on an independent analysis of the investment, the contractual, fiduciary and/or other obligations to the actual or prospective Client of Yours, and the particular financial circumstances, investment objectives and risk tolerance of the actual or prospective Client of Yours. You expressly acknowledge and affirm that the information, tools and investment models contained on the BlackRock Site were created without consideration of the investment objectives, risk tolerance or financial circumstances of any actual or prospective Client of Yours or any other third party (including but not limited to any Client of Yours or any of its representatives or agents to whom You and/or Your representatives or agents provide investment advice and/or recommendations through Your use of the BlackRock Site or the reports generated or exported from the BlackRock Site). In connection with Your receipt and use of the information, tools and investment models contained on the BlackRock Site, You hereby agree that You will not state or imply to any party, including but not limited to Your employees, financial professionals, representatives, and any and all Clients of Yours and/or Your representatives and agents, that BlackRock: (a) is providing, or is responsible for providing, investment advice to any party; (b) has made any investment decision or recommendation, or endorsed any investment decision or recommendation made by You or any of Your representatives or agents, for any actual or prospective Client of Yours or such representative or agent, or any other party; (c) has any relationship with You or obligation to provide You with any information, tools or investment models contained in the BlackRock Site; or (d) has any relationship with or obligation to any actual or prospective Client of Yours or any of Your representatives or agents. The BlackRock Site is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. You acknowledge that any information provided by BlackRock in connection with the BlackRock Site may be based on a variety of sources. Although this material is based upon information that BlackRock considers reliable and endeavors to keep current, BlackRock does not assure that this material is accurate, current or complete, it is not guaranteed and it should not be relied upon as such. Any opinions expressed on the BlackRock Site may change as subsequent conditions vary. You acknowledge that that any past performance shown on the BlackRock Site is not indicative of future results and that any performance information presented on the BlackRock Site is subject to change.
c. Restrictions. You agree that You will not: (i) use the BlackRock Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without BlackRock’s express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the BlackRock Site; (iii) use the BlackRock Site in any way that violates the terms of this Agreement or applicable law; (iv) access or use the BlackRock Site from any location outside the United States or in respect of any actual or prospective Client of Yours that is not a citizen or lawful permanent resident of the United States. The BlackRock Site is owned by BlackRock and is protected by U.S. copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license or any other rights granted to You under this Agreement, including any member name, account, or password. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is null and void and will expose you to a claim for damages.
d. Other Restrictions. You agree that You will not: (a) impersonate any person or entity or misrepresent Your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, using any robot, intelligent agent, other automated device or manual process, or any other activity with the purpose of searching, monitoring or copying the BlackRock Site or obtaining reports, data, information, content, software, products, services, lists of users or any other information, including specifically, loan and property listings available through the BlackRock Site; (c) send chain letters or pyramid schemes via the BlackRock Site; or (d) attempt to gain unauthorized access to other computer systems through the BlackRock Site. You agree that You will not use the BlackRock Site in any manner that could damage, disable, overburden, or impair the BlackRock Site or interfere with any other party’s use and enjoyment of the BlackRock Site.
4. Intellectual Property Rights.
You acknowledge that BlackRock owns or has a license to all title and intellectual property rights in and to the content provided on the BlackRock Site. All title and intellectual property rights in and to any licensed content provided on the BlackRock Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Except as provided in this Agreement, such content is solely for Your personal, non-commercial use. Accordingly, You may not copy, distribute, modify, post, frame or deep link the BlackRock Site, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on the BlackRock Site for Your personal use provided You also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the BlackRock Site for public or commercial purposes, including all text, images, audio, and video, without BlackRock's written permission. Modification or use of the materials for any other purpose violates BlackRock's intellectual property rights. You do not acquire any ownership or other rights to any content, documents or other materials accessed or viewed through the BlackRock Site. The posting of information, documents or materials on the BlackRock Site does not constitute a waiver of any right in such information and materials. Nothing contained on the BlackRock Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the BlackRock Site without the written permission of BlackRock. Your use of the trademarks displayed on the BlackRock Site, or any other content on the BlackRock Site, except as expressly permitted herein, is strictly prohibited. Images displayed on the BlackRock Site are either the property of, or used with permission by, BlackRock. The use of these images by You, or anyone else authorized by You, is prohibited unless specifically permitted by BlackRock. Any unauthorized use of images or other content on the BlackRock Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If You download any information from the BlackRock Site, You agree that You will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
5. Trademarks and Third-Party Trademarks.
The BlackRock Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the BlackRock trademarks or the trademarks of any third party.
6. Submissions or Other Information.
If You submit to us or post on the BlackRock Site any testimonial, comment, review, suggestion, idea, or any work of authorship (collectively a “submission”), such submission will not be confidential or secret, and may be used by Us in any manner. Please do not submit or send any submission to Us that You consider contains confidential or proprietary information. We do not pre-screen submissions and We will have no obligation to read any particular submission submitted or sent to Us. By submitting or sending a submission to Us, You: (i) represent and warrant that the submission is original to You, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-terminable, non-exclusive and fully transferable, assignable and sublicensable right and license to develop, use, reproduce, publish, distribute, display, translate, summarize, modify, adapt, and otherwise exploit such submission (in whole or part) for any purpose, including to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without Your name. BlackRock will retain ownership of all information and data generated by or entered into the BlackRock Site.
You may cease to use the BlackRock Site at any time. This Agreement will remain effective and shall apply to Your use of the BlackRock Site until amended, or terminated, by Us. This Agreement and the arrangements contemplated hereby may be terminated by BlackRock with immediate effect without liability to BlackRock at any time and for any reason, in BlackRock’s sole and exclusive discretion.
8. Warranty Disclaimer and Limitation of Liability.
THE BLACKROCK SITE, AND ALL MATERIALS, INFORMATION AND OTHER CONTENT, AS WELL AS ANY PRODUCTS AND SERVICES PROVIDED ON THE BLACKROCK SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BLACKROCK DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLACKROCK DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE BLACKROCK SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BLACKROCK SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BLACKROCK SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACKROCK EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS AND OMISSIONS IN THE MATERIALS ON THE BLACKROCK SITE AND FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED ON THE BLACKROCK SITE. BLACKROCK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE INFORMATION, TOOLS AND INVESTMENT MODELS ON THE BLACKROCK SITE WILL PRODUCE ANY PARTICULAR INVESTMENT OUTCOME FOR ANY PARTICULAR INVESTOR. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. UNDER NO CIRCUMSTANCES ARE WE OR OUR AFFILAITES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) TO YOU OR ANY OTHER PARTY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITIES OF SUCH DAMAGES, AND WHETHER OR NOT SUCH COULD HAVE BEEN FORESEEN OR PREVENTED. IN NO EVENT WILL OUR LIABILITY TO YOU UNDER THIS AGREEMENT AND IN CONNECTION WITH THIS SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100). IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE BLACKROCK SITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUTION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You will indemnify and hold BlackRock, its directors, officers, employees, affiliates, agents, contractors, licensors, suppliers and service providers harmless with respect to any and all suits or claims arising out of (i) Your breach of this agreement, including, but not limited to, any infringement by You of the copyright or intellectual property rights of any third party; or (ii) Your use or misuse of the BlackRock Site (or any portion thereof), including Your use, or provision to third parties (including any actual or prospective Client of Yours) of any reports generated by or exported from the BlackRock Site. Furthermore, BlackRock shall have the right to injunctive relief to enforce its rights hereunder, for which You waive the requirement, if any, to post any bond, or similar requirement.
10. Additional Disclosures.
a. Fund and Advisor Disclosures. Investments in a BlackRock product or client account are not bank deposits and are not insured or guaranteed by BlackRock or the Federal Deposit Insurance Corporation, any other government agency or any bank. Although a money market fund seeks to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in the fund. Please carefully consider a fund's investment objective, risks, charges and expenses before investing. For this and other information, call or write to BlackRock for a free prospectus or view one online. Read it carefully before you invest or send money.
b. BlackRock Institutional Trust Company, N.A. (“BTC”). BTC, a national banking association operating as a limited purpose trust company, provides fiduciary and trust services, including certain commingled investment options designed to help certain types of qualified institutional investors. BTC is a wholly-owned subsidiary of BlackRock. BTC’s primary regulator is the Office of the Comptroller of the Currency, the agency of the US Treasury Department that regulates US national banks. Investments in a BTC-managed commingled vehicle or client account are not bank deposits, are not insured or guaranteed by the Federal Deposit Insurance Corporation, any other government agency or any bank, and are not guaranteed by BTC, BlackRock or any of their affiliates. Please carefully consider a commingled vehicle’s investment objective, risks, charges and expenses before investing. Although a short-term investment fund seeks to maintain a $1.00 unit value, it is possible to lose money by investing in such a fund. Commingled investment vehicles maintained by BTC are available only to certain qualified institutional investors and are not offered to the general public; prospectuses are not required and prices are not available in local publications. To obtain more information, please contact your BTC account manager.
c. SEC Materials. Certain information provided through the BlackRock Site has been filed with the Securities and Exchange Commission ("SEC") (such materials being referred to as "SEC Materials"). The SEC Materials and other public disclosures contained on the BlackRock Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act, with respect to BlackRock's future financial or business performance, strategies or expectations. Forward-looking statements are typically identified by words or phrases such as "trend," "potential," "opportunity," "pipeline," "believe," "comfortable," "expect," "anticipate," "current," "intention," "estimate," "position," "assume," "outlook," "continue," "remain," "maintain," "sustain," "seek," "achieve," and similar expressions, or future or conditional verbs such as "will," "would," "should," "could," "may" or similar expressions.
In addition to risk factors previously disclosed in SEC Materials and those identified elsewhere in the BlackRock Site, the following factors, among others, could cause actual results to differ materially from forward-looking statements or historical performance: (1) the introduction, withdrawal, success and timing of business initiatives and strategies; (2) changes and volatility in political, economic or industry conditions, the interest rate environment, foreign exchange rates or financial and capital markets, which could result in changes in demand for products or services or in the value of assets under management; (3) the relative and absolute investment performance of BlackRock's investment products; (4) the impact of increased competition; (5) the impact of future acquisitions or divestitures; (6) the unfavorable resolution of legal proceedings; (7) the extent and timing of any share repurchases; (8) the impact, extent and timing of technological changes and the adequacy of intellectual property and information security protection; (9) the impact of legislative and regulatory actions and reforms, including the Dodd-Frank Wall Street Reform and Consumer Protection Act, and regulatory, supervisory or enforcement actions of government agencies relating to BlackRock or The PNC Financial Services Group, Inc.; (10) terrorist activities, international hostilities and natural disasters, which may adversely affect the general economy, domestic and local financial and capital markets, specific industries or BlackRock; (11) the ability to attract and retain highly talented professionals; (12) fluctuations in the carrying value of BlackRock's economic investments; (13) the impact of changes to tax legislation, including income, payroll and transaction taxes, and taxation on products or transactions, which could affect the value proposition to clients and, generally, the tax position of the Company; (14) BlackRock's success in maintaining the distribution of its products; (15) the impact of BlackRock electing to provide support to its products from time to time and any potential liabilities related to securities lending or other indemnification obligations; and (16) the impact of problems at other financial institutions or the failure or negative performance of products at other financial institutions.
BlackRock's latest Annual Report on Form 10-K and BlackRock's subsequent reports filed with the SEC, accessible on the SEC's website at www.sec.gov and on the BlackRock Site, discuss these factors in more detail and identify additional factors that can affect forward-looking statements.
e. Links to BlackRock from Other Websites. Except as permitted under this Agreement, You shall not display hyperlinks on Your websites to any website owned or operated by BlackRock. If You desire to display on Your website a hyperlink to a BlackRock website, You must enter into a written agreement with BlackRock governing such display. Access to any BlackRock website does not authorize You to use any of BlackRock's names, logos, trademarks or copyrighted material, and You agree not to do so without BlackRock's express written consent. Requests to display hyperlinks on Your websites to BlackRock websites should be e-mailed to firstname.lastname@example.org.
f. Transmissions to and From the BlackRock Site. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the BlackRock Site may not be secure. Communications to BlackRock, particularly those containing confidential information, may be sent by mail to: BlackRock, Inc., 40 East 52nd Street, New York, NY 10022, Attn: Webmaster. BlackRock shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to BlackRock through the BlackRock Site. You acknowledge and agree that BlackRock has granted You limited access to the specific files pertaining to the BlackRock Funds ("Approved Files"), and You agree not to attempt to access computer files other than the Approved Files. BlackRock makes no warranty to You regarding the security of the BlackRock Site, including with regard to the ability of any unauthorized persons to access information received or transmitted by You through or from the BlackRock Site. BlackRock reserves the right to cease providing, or to change, the BlackRock Site and content of such information (or any portion or feature thereof) at any time or frequency and without notice.
g. Account and Transaction Information on the BlackRock Site. Certain BlackRock clients may access account information, including transactions, through the BlackRock Site. Account information is unaudited unless noted otherwise, may be based on estimates. Do not make any investment decisions based on such information as it is subject to change.
i. E-mail and Marketing. Financial professionals who complete the registration process to access the BlackRock Financial Professional web site are at the same time granting BlackRock permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the email with "Unsubscribe" in the subject line.
j. Broker-Dealer's Potential Conflicts. As a broker-dealer, BlackRock Investments, Inc. and/or its affiliates (including any entities that are "affiliates" as that term is defined in the Investment Company Act of 1940) may act as a principal for its own account or as agent for its customers in connection with the sale to You or purchase by You or Your Clients of a security that is the subject of content prepared by BlackRock. If it receives a mark-up or commission or acts as agent for another person in connection with any such transaction, BlackRock may have a potential conflict of interest. You understand this potential conflict and acknowledge that You may choose to effect securities transactions at another broker-dealer.
k. Timeliness of Content. All content on the BlackRock Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, You are responsible for setting the cache settings on Your browser to ensure you are receiving the most recent data.
l. Prohibited Uses. Except as otherwise stated in these Terms or as expressly authorized by BlackRock in writing, You may not: Include the term "BlackRock," or any BlackRock trademark or executive's name, or any variation of the foregoing, as a meta-tag, hidden textual element; or Use the BlackRock Site or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by BlackRock. m. Password Security and Notification. Certain parts of the BlackRock Site are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the BlackRock Site, or to any other protected materials or information, through any means not intentionally made available by BlackRock for Your specific use. If You have a Personal Identification Number (PIN) for access to non-public areas of the BlackRock Site, You are solely responsible for all activities that occur in connection with Your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of Your PIN. Notify BlackRock immediately if You become aware of any disclosure, loss, theft or unauthorized use of Your PIN.
n. System Outages and Incomplete Transmissions. Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user's computer. BlackRock is not liable for any damages, changes, or omissions that occur during transmission of information and materials.
o. Termination. BlackRock may terminate Your access to the BlackRock Site for any reason, without prior notice.
p. Waiver. No waiver by BlackRock of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term, or provision of the Agreement at the time of such waiver or a waiver of that or any other right, term, or provision of the Agreement at any other time.
q. Severability; Miscellaneous. If any provision of the Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining provisions. BlackRock is an equal opportunity employer committed to diversity in the workplace.
11. Additional Terms.
a.You will be responsible for providing the dial-up, dsl, cable modem or other form of internet access and any other hardware and software necessary to access and use the BlackRock Site.
b. BlackRock complies with all applicable laws, including, but not limited to, privacy laws. You agree that You will comply with all such laws applicable to You.
c. BlackRock or its business partners may present advertisements or promotional materials on or through the BlackRock Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the BlackRock Site are solely between You and such third party and Your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that BlackRock is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the BlackRock Site.
d. If You know of, or suspect, copyright infringement, please send a notice to BlackRock, Inc., Sourcing and Vendor Management, 55 East 52nd Street, New York, NY 10055. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 u.s.c. § 101 et seq.
e. The information provided on the BlackRock Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BlackRock or its affiliates to any registration requirement within such jurisdiction or country. Each investment product and service referred to on the BlackRock Site is intended to be made available to only U.S. residents. The BlackRock Site will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
f. This Agreement will be governed by the laws of the state of New York, notwithstanding any conflict of laws provisions thereof. The exclusive jurisdiction for any claim, action or dispute with BlackRock or relating in any way to Your use of the BlackRock Site will be in the state and federal courts of the state of New York and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of New York.
g. BlackRock may send notices to You with respect to Your use of the BlackRock Site by sending an email message to the email address listed in Your account information, by sending a letter via U.S. mail to the contact address listed in Your account information, or by a posting a note on the BlackRock Site when You access Your account. You agree that We may provide notice to You through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
h. Information and Press Releases. The BlackRock Site may contain information and press releases about BlackRock. We disclaim any duty or obligation to update this information or these press releases. Additionally, any information contained in this information and in these press releases that pertains to companies other than Ours should not be relied upon as being provided or endorsed by BlackRock.
i. General contact information. For questions regarding the BlackRock Site or Your use of the BlackRock Site, please email us at email@example.com.
You acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this Agreement represents the complete and exclusive statement of the agreement between us relating to the subject matter of this Agreement, and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this Agreement.