Terms of Use

Legal Notices, Terms and Conditions of Website Use

This website (Site) is provided by Assured Guaranty Ltd. (together with its subsidiaries, Assured Guaranty).  By using this Site or accessing any information, content, data, or materials contained on this Site (Materials), you agree to abide by the terms and conditions set forth in this Terms of Use.

LIMITED LICENSE

On the terms and subject to the conditions set forth in this Terms of Use, Assured Guaranty grants you a non-exclusive, non-transferable, limited right to access, use and display and download materials from this Site for your personal, non-commercial use, except as otherwise expressly provided herein.

This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: (1) you may not remove any copyright or other proprietary notices contained on personal copies made of the Materials; (2) you may not modify the Materials in any way or prepare derivative works of the Materials for any purpose; (3) you may not reproduce, publicly display, perform, distribute, or otherwise use the Materials for any public or commercial purpose; and (4) you may not sell, distribute, or transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Terms of Use.

You agree to abide by all additional restrictions displayed on the Site, as it may be updated from time to time.  You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.  Assured Guaranty does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

NATURE OF THIS SITE

Informational Purposes Only, Not Professional Advice:

The Materials contained on this Site are for informational purposes only and do not constitute (a) an offer to sell, a recommendation  or a solicitation to buy any security or any insurance product;  (b) a template or form for use,  or (c) financial, tax, legal, investment or accounting advice.  You should not rely on any of the Materials available on this Site for any purpose, including without limitation, as the basis for any financial decision.  Not all of the products or services described in this Site are available in all jurisdictions or to all potential customers or investors, and nothing herein is intended as an offer or solicitation in any jurisdiction or to any potential customer or investor where such offer or sale is not qualified or exempt from regulation.

Changes:

Assured Guaranty reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, including with respect to our use of any of your data that we may collect, in whole or in part, at any time.  Changes in this Terms of Use will be effective when notice of such change is posted.  Your continued use of the Site or of any Materials after any changes to this Terms of Use are posted will be considered acceptance of those changes.  Assured Guaranty may terminate the authorization, rights and license given herein and, upon such termination, you shall immediately destroy all Materials you may have copied or downloaded from the Site.

Disclaimer:

Assured Guaranty does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement, memorandum or other information displayed or distributed through the Site.  You acknowledge that any reliance on any such advice, opinion, statement, memorandum or information shall be at your sole risk.

This Site, the Materials on the Site, and the software made available on the Site, are provided "as is" and "when available" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.  Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

General:

Nothing contained in this Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us.  Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.  In the event that any provision of this Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render the Terms of Use unenforceable or invalid as a whole.

Information Provided by You:

Assured Guaranty does not want you to, and you should not, send any confidential or proprietary information to Assured Guaranty via the Site.  You agree that any information or materials that you or individuals acting on your behalf provide to Assured Guaranty will not be considered confidential or proprietary and you hereby acknowledge that no safeguards will be taken by Assured Guaranty to protect unsolicited information submitted by you.

Third-Party Sites:

As a convenience to you, Assured Guaranty may provide, on this Site, links to websites operated by other entities.  If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Assured Guaranty makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon.  Links do not imply that Assured Guaranty or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Assured Guaranty or any of its subsidiaries.

Limitation of Liability:

In no event shall Assured Guaranty, or any of its subsidiaries or their respective officers, directors, shareholders, employees, agents, representatives or licensors, be liable hereunder, under any theory of liability whatsoever (including, but not limited to, negligence and strict liability) for any direct, indirect, incidental, special, punitive or consequential damages or for loss of profits, revenue, programming or otherwise (whether in an action in contract, tort, product liability, statute or otherwise (even if Assured Guaranty has been advised of the possibility of such damages)) arising out of (a) your use of the Site or Materials, including, but not limited to, any loss or damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any Materials accessed on or through the Site, (b) any transaction entered into through or from the Site, (c) your inability to use the Site or Materials for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or though the Site, (d) the deletion, correction, destruction, damage, loss or failure to store any materials, (e) the use of any products or services referred to or obtained on or through the Site, (f) unauthorized access to the Site and unauthorized alteration to your transmissions or data, (g) statements, information or conduct of any third party on the Site, or (h) any other matter relating to the Site or Materials.

Because some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions Assured Guaranty’s aggregate liability will be limited to the extent permitted by the laws of that jurisdiction.  In no event shall the total liability of Assured Guaranty to you for all loss or damage exceed $50.00.

Without limiting the foregoing, you agree that if you use third-party information, services or products offered on this Site or a web site linked to or that is otherwise referred to on or through the Site, such party is solely responsible for such information, services or products, and you hereby release Assured Guaranty, its subsidiaries and their respective officers, directors, shareholders, employees, agents, representatives and licensors, from any claims, demands and damages (including, but not limited to, direct, indirect, incidental, special, punitive or consequential damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such information, services or products, any transactions between you and such party and any disputes between you and such party.

Indemnity:


You agree to indemnify and hold harmless Assured Guaranty, its subsidiaries, and their respective officers, directors, shareholders, employees, agents, representatives and licensors, from any claim, cost, expense, judgment or other loss relating to your use of this Site, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of this Terms of Use.  Each such party indemnified hereunder shall have the right to enforce this indemnification on its own behalf. 

Trademark and Copyright Information:

Assured Guaranty is a registered service mark of Assured Guaranty Ltd. and unauthorized use is prohibited.  This Site and its contents are protected by United States and international copyright laws.

Proprietary Rights:

You acknowledge and agree that the Site and any Materials contained on the Site, are owned by, licensed to, or is otherwise used under permission by Assured Guaranty and are subject to protection by U.S. and international intellectual property laws, including, but not limited to, any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights or intangible assets recognized under laws or international conventions in any country or jurisdiction in the world as intellectual creations to which rights of ownership accrue.

International Users and Choice of Law:

This Site is controlled, operated and administered by Assured Guaranty Ltd. by its affiliates from its affiliates’ offices within the United States of America.  Assured Guaranty makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.  You may not use the Site or export the Materials in violation of U. S. export laws and regulations.  If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.  This Terms of Use shall be governed by the laws of the State of New York, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction.  You agree that the appropriate state or federal court in New York County will have the exclusive jurisdiction to resolve all disputes arising under this Terms of Use, and you consent to personal jurisdiction in such forum.

CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS

This Site and the Materials contained on this Site contains information that includes or is based upon forward looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  Forward looking statements give Assured Guaranty’s expectations or forecasts of future events.  These statements can be identified by the fact that they do not relate strictly to historical or current facts and relate to future operating or financial performance.

Any or all of Assured Guaranty’s forward looking statements on this Site or in the Materials are based on current expectations and the current economic environment and may turn out to be incorrect.  Assured Guaranty’s actual results may vary materially.  Among factors that could cause actual results to differ materially are:  (1) rating agency action, including a ratings downgrade, a change in outlook, the placement of ratings on watch for downgrade, or a change in rating criteria, at any time, of Assured Guaranty or any of its subsidiaries and/or of transactions that Assured Guaranty’s subsidiaries have insured; (2) developments in the world’s financial and capital markets, including changes in interest and foreign exchange rates, that adversely affect the demand for Assured Guaranty’s insurance, issuers’ payment rates, Assured Guaranty’s loss experience, its exposure to refinancing risk in transactions (which could result in substantial liquidity claims on its guaranties), its access to capital, its unrealized (losses) gains on derivative financial instruments or its investment returns; (3) changes in the world’s credit markets, segments thereof or general economic conditions; (4) the impact of rating agency action with respect to sovereign debt and the resulting effect on the value of securities in Assured Guaranty's investment portfolio and collateral posted by and to Assured Guaranty; (5) more severe or frequent losses impacting the adequacy of Assured Guaranty’s expected loss estimates; (6) the impact of market volatility on the mark-to-market of Assured Guaranty’s contracts written in credit default swap form; (7) reduction in the amount of insurance opportunities available to Assured Guaranty; (8) deterioration in the financial condition of Assured Guaranty's reinsurers, the amount and timing of reinsurance recoverables actually received and the risk that reinsurers may dispute amounts owed to Assured Guaranty under its reinsurance agreements; (9) failure of Assured Guaranty to realize insurance loss recoveries or damages expected from originators, sellers, sponsors, underwriters or servicers of residential mortgage-backed securities transactions through loan putbacks, settlement negotiations or litigation; (10) the possibility that budget shortfalls or other factors will result in credit losses or impairments on obligations of state and local governments that Assured Guaranty insures or reinsures; (11) increased competition, including from new entrants into the financial guaranty industry; (12) changes in applicable accounting policies or practices; (13) changes in applicable laws or regulations, including insurance and tax laws; (14) other governmental actions; (15) difficulties with the execution of Assured Guaranty’s business strategy; (16) contract cancellations; (17) loss of key personnel; (18) adverse technological developments; (19) the effects of mergers, acquisitions and divestitures; (20) natural or man-made catastrophes; (21) other risks and uncertainties that have not been identified at this time; (22) management’s response to these factors; and (23) other risk factors identified in Assured Guaranty’s filings with the U.S. Securities and Exchange Commission (the SEC).

The foregoing review of important factors should not be construed as exhaustive, and should be read in conjunction with the other cautionary statements that are included on this Site and in the Materials.  Assured Guaranty undertakes no obligation to update publicly or review any forward looking statement, whether as a result of new information, future developments or otherwise, except as required by law.  You are advised, however, to consult any further disclosures Assured Guaranty makes on related subjects in Assured Guaranty’s periodic reports filed with the SEC.

If one or more of these or other risks or uncertainties materialize, or if Assured Guaranty’s underlying assumptions prove to be incorrect, actual results may vary materially from what Assured Guaranty projected.  Any forward looking statements on this Site or in the Materials reflect Assured Guaranty’s current views with respect to future events and are subject to these and other risks, uncertainties and assumptions relating to its operations, results of operations, growth strategy and liquidity.

For these statements, Assured Guaranty claims the protection of the safe harbor for forward looking statements contained in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended.  Any forward-looking statements made on this Site or in the Materials reflect Assured Guaranty’s current views with respect to future events and financial performance and are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.  Such statements involve risks and uncertainties that may cause actual results to differ materially from those set forth in these statements.

Disclaimers

ASSURED GUARANTY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE ASSURED GUARANTY SITE, INCLUDING BY NOT LIMITED TO IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THE ASSURED GUARANTY SITE IS MADE AVAILABLE TO YOU “AS IS” AND ‘AS AVAILABLE” AND ASSURED GUARANTY DOES NOT WARRANT THAT ANY DEFECTS OF INACCURACIES WILL BE CORRECTED.

ASSURED GUARANTY DOES NOT WARRANT THAT THE ASSURED GUARANTY SITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERUPTED, TIMELY, SECURE OR ERROR-FREE.  ASSURED GUARANTY ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

PRIVACY POLICY

Use this link to review our privacy policy.  The privacy policy is a binding part of these Terms of Use. 
 

Last Updated: July 24, 2013