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Terms of Web Site Use
Legal Notices, Terms and Conditions of Use
This web site
("Site") is provided by Assured Guaranty Ltd. ("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.
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 or (y) 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 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, change, suspend or discontinue any aspect of the Site,
including the availability of any features of the Site, at any time.
Assured Guaranty may also impose limits on certain features and
services or restrict your access to parts or all of the Site without
notice or liability. 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.
The
site and materials may contain errors, including without limitation,
inaccuracies and typographical errors. Assured guaranty expressly
disclaims any obligation to update this site or any of the materials or
statements on this site. Assured guaranty does not warrant the accuracy
or completeness of the materials or the reliability of any advice,
opinion, statement or other information displayed or distributed
through the site. You acknowledge that any reliance on any such
opinion, advice, statement, memorandum, or information shall be at your
sole risk. Assured guaranty reserves the right, in its sole discretion,
to correct any errors or omissions in any materials, services, products
or portion of the site. Assured guaranty may make any other changes to
the site, the materials, the products, programs, services or prices (if
any) described in the site at any time without notice and in its sole
discretion.
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.
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. We will amend or
replace such provision with one that is valid and enforceable and which
achieves, to the extent possible, our original objectives and intent as
reflected in the original provision.
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 affiliates or subsidiaries.
In
no event, shall assured guaranty, or any of its subsidiaries or their
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's aggregate liability will be
limited to the extent permitted by the laws o0f 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, and any of their 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.
You
agree to indemnify and hold harmless Assured, its subsidiaries,
affiliates and any of their 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.
Assured
Guaranty is a 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.
Subject
to the terms and conditions set forth in this Terms of Use, Assured
Guaranty grants you a non-exclusive, non-transferable, limited right to
access, use and display this Site and the Materials therein. You agree
not to interrupt or attempt to interrupt the operation of the Site in
any way.
Assured Guaranty authorizes you to view and download
the Materials on this Site only 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 must retain, on
all copies of the Materials downloaded, all copyright and other
proprietary notices contained in 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 these terms and
conditions 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.
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. By providing any such
information or materials to Assured, you grant to Assured Guaranty an
unrestricted, irrevocable, worldwide, royalty-free license to use,
reproduce, display, publicly perform, transmit and distribute such
information and materials, and you further agree that Assured
Guaranty’s free to use any ideas, concepts or know-how that you or
individuals acting on your behalf provide to Assured. You further
recognize that Assured Guaranty does not want you to, and you warrant
that you shall not, provide any information or materials to Assured
Guaranty that is defamatory, threatening, obscene, harassing, or
otherwise unlawful, or that incorporates the proprietary material of
another.
This
Site and Service are controlled, operated and administered by Assured
Guaranty 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.
Any
forward-looking statements made in this supplement reflect the
Company’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.
For example, the Company’s financial position could be affected by a
significant reduction in the amount of reinsurance ceded by one or more
of our principal ceding companies, rating agency action such as a
ratings downgrade, difficulties with the execution of the Company’s
business strategy, contract cancellations, developments in the world’s
financial and capital markets, more severe losses or more frequent
losses associated with products affecting the adequacy of the Company’s
loss reserve, changes in regulation or tax laws, governmental actions,
the Company’s dependence on customers, decreased demand or increased
competition, loss of key personnel, the effects of mergers,
acquisitions and divestitures, changes in accounting policies or
practices, and changes in general economic conditions, as well as
management’s response to these factors, and other risk factors
identified in the Company’s filings with the Securities and Exchange
Commission.
Thomson
Financial Corporate Group ("TFCG") and its information providers retain
all proprietary right, title or interest, including copyright, in the
service or other material, including but not limited to images and
other multimedia data, that TFCG provides on this Site (the "TFCG
Content"). You agree that you will not copy nor license, sell,
transfer, make available or otherwise distribute the TFCG Content to
any entity or person. You shall use its best efforts to stop any such
copying or distribution immediately after such use becomes known.
The
TFCG Content is provided "as is." TFCG and its information providers
disclaim any and all warranties, express or implied, including but not
limited to the implied warranties of merchantability and fitness for a
particular purpose, relating to this agreement, the TFCG content and
all performance hereunder. TFCG and its information providers make no
warranties regarding the completeness, accuracy or availability of the
TFCG Content.
In no event shall TFCG or its
information providers be liable to you or any other person or entity
for any indirect, special, exemplary or consequential damages,
including lost profits or revenue, arising from your use of the TFCG
Content, whether such claim is based in contract, negligence, strict
liability or otherwise, and whether or not they or it had any
knowledge, actual or constructive, that such damages might be incurred.
The rights and limitations in this
Terms and Conditions of Use of Thompson Financial Information are for
the benefit of TFCG and its information providers, each of which shall
have the right to enforce its rights hereunder directly and on its own
behalf.
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