THE TERMS AND CONDITIONS OF USE FOR THIS WEB SITE ("SITE") ARE CONTAINED BELOW. PLEASE READ CAREFULLY BEFORE USING THIS SITE.
This Site is provided by ACA Financial Guaranty Corporation ("ACA") and is intended for informational purposes only.
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 OF USE SET FORTH IN THIS NOTICE.
Subject to the terms and conditions set forth in these Terms and Conditions, ACA 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. ACA 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. 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. ACA does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
ACA reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, 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 and Conditions 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 and Conditions are posted will be considered acceptance of those changes.
ACA may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. ACA may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. ACA 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.
INFORMATIONAL PURPOSES ONLY:
The Materials contained on this Site are for informational purposes only and do not constitute an offer to sell or a solicitation to buy any security or any insurance product or 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. The terms of the products and services described herein are contained within the related written agreements to which the user is referred for complete information.
THE SITE AND MATERIALS MAY CONTAIN ERRORS, INCLUDING WITHOUT LIMITATION, INACCURACIES AND TYPOGRAPHICAL ERRORS. ACA EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE THIS SITE OR ANY OF THE MATERIALS OR STATEMENTS ON THIS SITE. ACA 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. ACA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY MATERIALS, SERVICES, PRODUCTS OR PORTION OF THE SITE. ACA 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.
Solely as a convenience to you, ACA 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. ACA 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 ACA 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 ACA or any of its affiliates or subsidiaries. ACA reserves the right to remove any link to a Web site at any time.
Third-party content may appear on this Site. ACA is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Site. ACA reserves the right to remove such content at any time. The fact that we offer such content should not be construed in any way as an endorsement, authorization, or sponsorship of any other entity, Web site or its content.
INFORMATION PROVIDED BY YOU:
Unless we specifically request information from you, ACA does not want you to, and you should not, send any confidential or proprietary information to ACA via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to ACA will not be considered confidential or proprietary. By providing any such information or materials to ACA, you grant to ACA 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 ACA is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to ACA. You further recognize that ACA does not want you to, and you warrant that you shall not, provide any information or materials to ACA that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
TRADEMARKS & COPYRIGHT INFORMATION:
© 2009 ACA Financial Guaranty Corporation. All Rights Reserved.
This Site and its contents are protected by United States and international copyright laws. “ACA” is a trademark of ACA Financial Guaranty Corporation. This trademark may not be used in connection with any product or service that does not originate with ACA, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits ACA. All other trademarks appearing on the Site are the property of their respective owners.
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 ACA and is 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.
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 ACA'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. They generally include words such as "believe", "expects", "anticipates", "intends" and similar words. There can be no assurance that future developments will be in accordance with ACA's expectations or that the effect of future developments will be those anticipated by ACA. The following important factors, risks, and uncertainties are among those that may affect such statements: (i) changes in performance of financial markets and interest rates; (ii) development of new financial products; (iii) regulatory, accounting or tax changes that may affect the cost of, or demand for our financial products or services; and (iv) other risks and uncertainties described from time to time in our filings with the Securities and Exchange Commission and other regulatory organizations. While ACA periodically reassesses material factors, risks and uncertainties, we do not intend to revise any forward-looking statements to reflect changes in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which a statement is made.
LIMITATION OF LIABILITY:
IN NO EVENT, SHALL ACA, 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 ACA 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 MATTERS 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 ACA'S AGGREGATE LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY THE LAWS OF THAT JURISDICTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF ACA 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 THIRD-PARTY IS SOLELY RESPONSIBLE FOR SUCH INFORMATION, SERVICES OR PRODUCTS, AND YOU HEREBY RELEASE ACA, AND ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, 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 ACA, its parent, subsidiaries, affiliates and any of their officers, directors, shareholders, employees, agents and representatives from any claim, cost, expense (including, but not limited to, attorneys' fees and expenses), 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 these Terms and Conditions.
This Site is controlled, operated and administered by ACA from its offices within the United States of America. ACA 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.
These Terms and Conditions 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 and Conditions, and you consent to personal jurisdiction in such forum.
These Terms and Conditions constitute the entire agreement between ACA 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 these Terms and Conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Condition, and the remainder of these Terms and Conditions shall continue in full force and effect.