Terms of Use

Terms of Use

Legal Notices, Terms and Conditions of Website Use

The website located at RevitalizePuertoRico.com (“Site”) is provided by Assured Guaranty Ltd. (“Company”, “we”, “us” or “our”).  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.

THIS SITE IS INTENDED FOR AUDIENCES IN THE U.S. AND U.S.-OWNED TERRITORIES. BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE (I) LOCATED INSIDE THE U.S. OR U.S.-OWNED TERRITORIES OR (II) ARE LOCATED OUTSIDE THE EU OR EEA AND AGREE TO BE BOUND BY U.S. LAWS.

THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

ACCESSIBILITY

If you are having any trouble accessing these Terms of Use or the Site, please contact us at (212) 974-0100 between 9:00 am and 5:00pm (Eastern).

LIMITED LICENSE

On the terms and subject to the conditions set forth in this Terms of Use, the Company 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.  The Company 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.  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.

PROHIBITED USES

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Site within another Site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

CHANGES

The Company 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.  The Company 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 Company 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

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

We do not accept any unsolicited ideas to this Site from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for the Company to utilize your submission, you hereby grant the Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

THIRD-PARTY SITES

As a convenience to you, the Company 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.  The Company 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 the Company 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 the Company or any of its subsidiaries.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, OR ANY OF ITS SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, SHALL BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY 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 THE COMPANY 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) 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, (C) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY MATERIALS, (D) THE USE OF ANY PRODUCTS OR SERVICES REFERRED TO ON OR THROUGH THE SITE, (E) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO YOUR TRANSMISSIONS OR DATA, (F) STATEMENTS, INFORMATION OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (H) ANY OTHER MATTER RELATING TO THE SITE OR MATERIALS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL LOSSES OR DAMAGES HEREUNDERSHALL NOT 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 THE COMPANY, ITS SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS, FROM ANY CLAIMS, DEMANDS AND DAMAGES (INCLUDING, BUT NOT LIMITED TO 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 the Company, 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” and “Revitalize Puerto Rico” are registered service marks of the Company 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 the Company 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

This Site is controlled, operated and administered by the Company by its affiliates from its affiliates’ offices within the United States of America.  The Company 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.

CHOICE OF LAW; DISPUTE RESOLUTION; ARBITRATION:

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.  While we will make reasonable efforts to resolve any disagreements you may have with the Company, if these efforts fail you agree that all claims, disputes or controversies against the Company arising out of these Terms of Use (“Claims”) are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and the Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association using the contact information noted below.

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your consumer information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and the Company hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

CLASS ACTION WAIVER

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS

This Site and the Materials contained on this Site contain 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 reflect the Company’s current views with respect to 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.

Such statements involve risks and uncertainties that may cause actual results to differ materially from those set forth on this Site or in the Materials. These risks and uncertainties include, but are not limited to those resulting from (1) the Company’s inability to execute its strategies, including its loss mitigation and risk remediation strategies; (2) implementation or non-implementation of any Commonwealth fiscal plan; (3) failure to reach a consensual settlement among creditors; the Commonwealth, the Financial Oversight and Management Board for Puerto Rico, and other stakeholders; (4) future litigation; (5) negative developments that may impact the Company’s liquidity and capital, and therefore its ability to make claim payments on time and in full, including less demand for the Company’s financial guaranty product, or adverse developments with respect to its insured or investment portfolio; (6) changes in applicable laws or regulations, including insurance, bankruptcy and tax laws or other governmental actions; (7) natural or man-made catastrophes; (8) other risks and uncertainties that have not been identified at this time; (9) management’s response to these factors; and (10) other risk factors identified in the Company’s filings with the Securities and Exchange Commission.

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.  The Company 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 the Company makes on related subjects in the Company’s periodic reports filed with the SEC.

Any forward-looking statements made on this Site or in the Materials 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.

DISCLAIMERS

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

THE COMPANY DOES NOT WARRANT THAT THE COMPANY SITE WILL MEET YOUR NEEDS, OR THAT THE SITE WILL BE UNINTERUPTED, TIMELY, SECURE OR ERROR-FREE.  THE COMPANY 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 DESCRIBED ON THE SITE WILL MEET YOUR EXPECTATIONS.

CONTACT US

For questions or concerns relating to these Terms of Use, we can be contacted at: info@RevitalizePuertoRico.com.

PRIVACY POLICY

The Privacy Policy is a binding part of these Terms of Use.

Last Updated: July 17, 2018