Legal Notices, Terms and Conditions of Web Site 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:
The Materials contained on this Site are for informational purposes only and do not constitute (x) an offer to sell or a solicitation to buy any security or any insurance product; (y) a template or form for use, or (z) 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.
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.
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.
As a convenience to you, Assured Guaranty may provide, on this Site, links to web sites 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.
Trademark and Copyright Information:
Assured Guaranty is a registered service mark of Assured Guaranty Ltd. This Site and its contents are protected by United States and international copyright laws.
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:
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 wrong. 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 or change in outlook at any time of Assured Guaranty Ltd. or any of its subsidiaries and/or of transactions that such subsidiaries have insured, both of which have occurred in the past; (2) developments in the world’s financial and capital markets that adversely affect issuers’ payment rates, Assured Guaranty’s loss experience, its ability to cede exposure to reinsurers, 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) more severe or frequent losses implicating the adequacy of Assured Guaranty’s expected loss estimates; (5) the impact of market volatility on the mark-to-market of Assured Guaranty’s contracts written in credit default swap form; (6) reduction in the amount of reinsurance portfolio opportunities available to Assured Guaranty; (7) deterioration in the financial condition of Assured Guaranty’s reinsurers, the amount and timing of reinsurance recoverable actually received and the risk that reinsurers may dispute amounts owed to Assured Guaranty under its reinsurance agreements; (8) the possibility that Assured Guaranty will not realize insurance loss recoveries or damages from originators, sellers, sponsors, underwriters or servicers of residential mortgage backed securities transactions; (9) decreased demand or increased competition; (10) changes in applicable accounting policies or practices; (11) changes in applicable laws or regulations, including insurance and tax laws; (12) other governmental actions; (13) difficulties with the execution of Assured Guaranty’s business strategy; (14) contract cancellations; (15) Assured Guaranty’s dependence on customers; (16) loss of key personnel; (17) adverse technological developments; (18) the effects of mergers, acquisitions and divestitures; (19) natural or man-made catastrophes; (20) other risks and uncertainties that have not been identified at this time; (21) management’s response to these factors; and (22) 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.