Terms

This website (the “Site”) is provided by Equitas Global Financial Guarantee Ltd. (“EGFG”) and may be used by you only in strict compliance with these Terms and Conditions. Please read all of these Terms and Conditions carefully before each time you access the Site, since they may have been revised since your last use. By using the Site, including, but not limited to, accessing any information, content, data, hyperlinks or other materials contained on the Site (the “Materials”), you signify that you have accepted and agreed to abide by these Terms and Conditions.

EGFG reserves the right, in its sole discretion, to change, modify or revise all or any portion of these Terms and Conditions, in whole or in part, at any time, without notice. Any change, modification or revision will be effective upon posting to the Site, and your continued use of the Site thereafter will signify your acceptance of such change, modification or revision.

LIMITED LICENSE:
Subject to these Terms and Conditions and your compliance therewith, EGFG grants you a non-exclusive, non-transferable, limited right to access, use, view and download the Materials for your personal, non-commercial use, except as otherwise expressly provided herein. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

This authorization is not a transfer of title in the Materials or any copies of the Materials and is subject to the following restrictions: (a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; (b) you may not modify the Materials in any way or prepare derivative works of the Materials for any purpose; (c) you may not reproduce, publicly display, perform, distribute or otherwise use the Materials for any public or commercial purpose; and (d) 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.

EGFG may terminate the authorization, rights and license given above, in its sole discretion at any time and for any or no reason. Upon such termination, you agree to immediately destroy copies of any and all Materials, in electronic or any other form, then in your possession or under your control.

OWNERSHIP AND OTHER PROPRIETARY RIGHTS.
You acknowledge and agree that the Site and all Materials are owned by, licensed to, or otherwise used under permission by, EGFG and are subject to protection by Bermuda 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. You agree to comply with all such laws worldwide in your use of the Site and the Materials. EGFG does not grant any express or implied rights under any patents, trademarks, copyrights, trade secrets or other such rights or assets.

INFORMATIONAL PURPOSES ONLY:
The Materials contained on the Site are for informational purposes only and do not constitute (i) an offer to sell or a solicitation to buy any security or any insurance product or (ii) financial, tax, legal, investment, accounting or other advice. You should not rely on any of the Materials available on the Site for any purpose, including as the basis for any financial decision. EGFG may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any Materials or features of the Site, at any time. EGFG may also impose limits on certain features and services or restrict your access to all or any portion of the Site without notice or liability.

FORWARD LOOKING STATEMENTS:
The Site contains statements related to possible future events (“forward-looking statements”). Forward-looking statements often address expectations and beliefs as to future performance, results and business plans. You should not place undue reliance on forward-looking statements because they speak only as of the date they are made and are necessarily subject to risks and uncertainties that could cause actual results and performance to differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements are based upon EGFG management’s current expectations and beliefs concerning future events. EGFG undertakes no obligation to update or revise any forward-looking statement, whether as a result of new information, future developments or otherwise, except as required by law.

DISCLAIMER OF WARRANTIES: THE SITE AND THE MATERIALS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “WHEN AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EGFG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE OR ANY MATERIALS. EGFG DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS, ANY REPRESENTATION OR WARRANTY THAT: (A) THE USE OF THE SITE WILL BE TIMELY; UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS, OMISSIONS OR DEFECTS WILL BE CORRECTED, AND (E) YOUR USE OF THE SITE, OR THE SITE OR THE SERVERS(S) THAT MAKE THE SITE AVAILABLE, ARE FREE OF “WORMS,” “TROJAN HORSES,” VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGFG EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO ANY GOODS, SERVICES OR MATERIALS THAT MAY BE PROVIDED THROUGH OR UNDER THE SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY WITH RESPECT TO THE SITE OR THE MATERIALS. EGFG EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE THE SITE OR ANY OF THE MATERIALS.

LIMITATION OF LIABILITY:
In no event shall EGFG or any of its affiliates or subsidiaries, or any of its or their officers, directors, shareholders, employees, agents or representatives be liable, 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 or otherwise (whether in an action in contract, tort, product liability, statute or otherwise, and even if EGFG has been advised of the possibility of such damages) arising out of (a) your use of the Site or the 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 or arising out of or relating to your failure to comply with these Terms and Conditions, (b) your inability to use the Site or the Materials for whatever reason, including, but not limited to, communications failure or any other failure with or delay of 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 services referred to or obtained 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 (g) any other matter relating to the Site or 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 EGFG’s aggregate liability will be limited to the extent permitted by the laws of that jurisdiction. In no event shall the total liability of EGFG 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 the 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 EGFG, its affiliates and subsidiaries, and all of its and their officers, directors, shareholders, employees, agents and representatives, 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.

INDEMNIFICATION:
You agree to indemnify and hold harmless EGFG, its affiliates and subsidiaries, and all of its and their officers, directors, shareholders, employees, agents and representatives, from any claims, actions, demands, liabilities, costs, expenses, judgments or other losses relating to your use of the Site, including, without limitation, any action you take which is in violation of these Terms and Conditions.

THIRD PARTY WEBSITES:
As a convenience to you, EGFG may provide, on the Site, links to websites operated by other entities. If you decide to visit any linked website, 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. EGFG makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that EGFG or any of its affiliates 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 such links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of EGFG or any of its affiliates.

INFORMATION PROVIDED BY YOU:
Should you or individuals acting on your behalf provide any information to EGFG via the Site, you agree that such information will not be considered confidential or proprietary for any purpose, and you hereby acknowledge and agree that no safeguards will be taken by EGFG to protect such information.

PRIVACY POLICY:
EGFG’s Privacy Policy is located on the Site and is a binding part of these Terms and Conditions.

INTERNATIONAL USERS:
The Site is controlled, operated and administered by EGFG from its offices within Bermuda. EGFG makes no representation that materials on the Site are appropriate or available for use in locations outside of Bermuda 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 Bermuda’s export laws and regulations. If you access the Site from a location outside of Bermuda, you do so at your own risk.

GOVERNING LAW:
These Terms and Conditions shall be governed by the laws of Bermuda, without giving effect to its conflict of law provisions. You agree that the appropriate court in Bermuda will have exclusive jurisdiction to resolve all disputes arising under these Terms and Conditions, and you consent to personal jurisdiction in such forum.

LIMITATION OF REMEDIES:
Any cause of action you may have with respect to your use of the Site, or the Materials must be commenced within one (1) year after the claim or cause of action arises.

MISCELLANEOUS:
These Terms and Conditions constitute the entire agreement between EGFG and you with respect to your use of the Site. 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 Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.