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Terms of Use

 

This web site (the "Site") is provided by Financial Security Assurance Holdings Ltd. (together with its subsidiaries, including Financial Security Assurance Inc., "FSA"). Please read these terms and conditions carefully. By using this Site or accessing any information, content, data or other materials contained on this Site (collectively, the "Materials") you agree to abide by the terms and conditions set forth in these Terms of Use.

You acknowledge that we may disclose and transfer any information that you provide through this Site (i) to any company within FSA, its affiliates, agents or information providers; (ii) to any other person or entity with your consent; (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information to comply with any applicable law, regulation, legal process or governmental request, as we deem necessary or appropriate in our sole discretion; or (iv) to enforce the Terms of Use, to respond to claims of violations of third party rights or to protect the rights of FSA.

You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Site you agree to such transfers.

Use of this Site may be monitored, tracked and recorded. Anyone using this Site expressly consents to such monitoring, tracking and recording. Any information obtained by monitoring, tracking or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site.

Informational Purposes Only
The Materials are for informational purposes only and do not constitute financial, tax, legal, investment, or accounting advice or an offer to sell or a solicitation to buy any security or any insurance product. You should not rely on any of the Materials for any purpose, including, without limitation, as the basis for any financial decision. Not all of the products or services described on this Site are available in all jurisdictions or to all potential customers or investors.

Nothing herein is intended for distribution to, or use by, or as an offer or solicitation to, any person or entity in any jurisdiction or country where such distribution, use, offer or sale would be contrary to local law or regulation.

Prohibited Use
You are strictly prohibited from unauthorized use of any of our systems or this Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Site. Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. By agreeing to these Terms of Use, you agree not to access any FSA resources without permission or attempt any unauthorized probe or test of security controls and you agree that you will not engage in any activities related to this Site that are contrary to applicable law, regulation or the terms of any agreements you have with FSA.

Modifications
FSA reserves the right, at its sole discretion, to change, modify, add or remove any portion of these 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 these 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 these Terms of Use are posted will be considered acceptance of those changes.

FSA reserves the right, in its sole discretion, to correct any errors or omissions in the Site or the Materials, including regarding the products, programs, services or prices (if any) described on the Site. FSA may terminate, change, suspend or discontinue any aspect of the Site and the Materials, including the products, programs, services and prices (if any) described on the Site, at any time, without notice and in its sole discretion. FSA may also impose limits on the Site's features and services or restrict your access to the Site without notice or liability. FSA 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
The Site and the Materials may contain errors, including, without limitation, inaccuracies and typographical errors. FSA expressly disclaims any obligation to update this Site or any of the Materials or other statements on this Site. FSA does not warrant the accuracy, completeness or availability of the Site, 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 advice, opinion, statement or other information shall be at your sole risk.

This Site and the Materials, including the services and software made available on the Site, are provided "as is" and "when available" without any representation or warranty, express or implied, of any kind. FSA disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, 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.

Third-Party Sites
As a convenience to you, FSA may provide on this Site links to web sites operated by other entities. If you use these links, you will leave this Site. 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. FSA 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 FSA 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 FSA or any of its affiliates or subsidiaries.

Limitation of Liability
In no event shall FSA or any of its 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 FSA has been advised of the possibility of such damages) arising out of:

  • your use of the Site and the Materials, including, but not limited to, any loss or damage caused by any reliance on, or any inaccuracies, errors or omissions in, any Materials accessed on or through the Site,
  • delays, difficulty in use, computer viruses, malicious code or other defect in this Site, any incompatibility between the Site and your files and your browser or other site accessing program,
  • any transaction entered into through or from the Site,
  • your inability to use the Site and the 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,
  • the deletion, correction, destruction, damage, loss or failure to store any Materials,
  • the use of any products or services referred to or obtained on or through the Site,
  • unauthorized access to the Site and unauthorized alteration to your transmissions or data,
  • statements, information or conduct of any third party on the Site, or
  • any other matter relating to the Site and the 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 FSA's aggregate liability will be limited to the extent permitted by the laws of that jurisdiction. In no event shall the total liability of FSA 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 FSA and any of its 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 FSA, its shareholders, subsidiaries, affiliates and any of their officers, directors, shareholders, employees, agents and representatives 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 these Terms of Use.

Trademark & Copyright Information
© 2008 Financial Security Assurance Inc. All Rights Reserved. This Site and its contents are protected by United States and international copyright laws. The mark FSA and the FSA corporate logo are registered trademarks of Financial Security Assurance Inc. These trademarks may not be used in connection with any product or service that does not originate with FSA, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits FSA.

Proprietary Rights
You acknowledge and agree that the Site and the Materials are owned by, licensed to, or otherwise used under permission by FSA 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.

Limited License
Subject to the terms and conditions set forth in these Terms of Use, FSA grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, including the Materials and services therein. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

FSA 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:

  • on all copies of the Materials downloaded, you must retain all copyright and other proprietary notices contained in the Materials;
  • you may not modify the Materials in any way or prepare derivative works of the Materials for any purpose;
  • you may not reproduce, publicly display, perform, distribute, or otherwise use the Materials for any public or commercial purpose; and
  • 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. FSA does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

Privacy
FSA is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you that we collect and maintain from the Site. The relevant information is explained in our Privacy Policy, which Policy is incorporated herein by reference and is a binding part of these Terms of Use. FSA may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.

Forward-Looking Statements
The Site and the Materials may contain information that includes or is based upon forward-looking statements within the meaning of the federal securities laws. Forward-looking statements are made based on FSA's current expectations and beliefs concerning future developments and their potential effects. You can identify these statements by the fact that they do not relate solely to historical or current facts. Words such as "believes," "anticipates," "expects," "intends" and "plans" and similar expressions are intended to identify forward-looking statements but are not the exclusive means of identifying such statements.

There can be no assurance that future developments will be in accordance with FSA's expectations or that the effect of future developments will be those anticipated by FSA. FSA cautions that a number of important factors, risks and uncertainties could affect such statements, including, among others:

  • changes in capital requirements or other criteria of securities rating agencies applicable to financial guaranty insurers in general or to FSA specifically;
  • competitive forces, including the development of new financial products by our competitors;
  • an economic downturn or other economic conditions (such as a rising interest rate environment) adversely affecting the financial markets, transactions insured by FSA or its investment portfolio;
  • regulatory, accounting or tax changes that may affect the cost of, or demand for our financial products or services; and
  • other factors described from time to time in our filings with the Securities and Exchange Commission.

FSA cautions that the foregoing list of important factors is not exhaustive. In any event, such forward-looking statements made by FSA speak only as of the date on which they are made, and FSA does not undertake any obligation to update or revise such statements as a result of new information, future events or otherwise.

No Agency
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership or other form of joint enterprise between us.

No Waiver
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.

Unenforceability
In the event that any provision of these 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.

Choice of Law
These Terms of Use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree that the appropriate state or federal court in New York County will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such forum.

United Kingdom
In the United Kingdom, information on this Site is directed solely to persons of a kind specified in Article 8(1) of the Financial Services Act 1986 (Investment Advertisements)(Exemptions)(No 2) Order 1995, which category includes persons whose ordinary activities involve them in dealing in investments for the purposes of a business, professional investment advisors and professional investment intermediaries. No other person in the United Kingdom should make use of the information contained in this Site or otherwise respond to it.
Financial Security Assurance (U.K.) Ltd. is authorized and regulated by the Financial Services Authority in relation to undertaking contracts of insurance and dealing in investments. This Site has been approved for distribution in the United Kingdom by Financial Security Assurance (U.K.) Ltd., of 1 Angel Court, London, EC2R 7HJ, which is entered in the Financial Services Authority's register number 202896 (www.fsa.gov.uk/register/). This Site is directed at persons in the United Kingdom who would be classified as intermediate customers or market counterparties under the Financial Services Authority rules and any investment or service to which it relates is available only to such persons. Private customers (as defined in the Financial Services Authority rules) in the UK should not rely on the contents of this Site. Some products and services may not be available in all jurisdictions or to all clients.

International Users
This Site is controlled, operated and administered by FSA from its offices within the United States of America. FSA makes no representation that the Materials 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.

Entire Agreement
These Terms of Use constitutes the entire agreement between FSA and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.