TERMS OF USE

These terms of use (“Terms of Use”) are a legal agreement between you, on the one hand, and Assured Investment Management LLC and its subsidiaries and affiliates (collectively, “Assured Investment Management,” “we,” “us,” “our”), on the other hand.  These Terms of Use specify the terms under which you may access and use our website located at http://assuredinvestmentmanagement.com (the “Site”) By using the Site or accessing any information, content, data, or materials contained on the Site (collectively, “Materials”), you agree you have read, understood, and agree to be legally bound by the terms and conditions set forth in these Terms of Use and our Privacy Policy, which is hereby incorporated by reference. If you do not agree to (or cannot comply with) all of the terms of these Terms of Use, you may not access or use the Site or Materials.

In addition to the Site, Assured Investment Management provides investors who have signed up with Assured Investment Management (“Investors”) access to the investor portal, subject to the terms and conditions of that certain subscription agreement between each Investor and Assured Investment Management.

 

Limited License:

Subject to the terms and conditions set forth in these Terms of Use, Assured Investment Management grants you a non-exclusive, non-transferable, non-sublicensable, limited right to access, use, download, and display the Site and the Materials therein for your personal, non-commercial use, except as otherwise expressly provided herein.

The foregoing grant is not a transfer of title in the Materials or 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, assign, license, sublicense, or transfer the Materials without our prior consent.

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 the Site and to prevent any unauthorized copying of the Materials.  Assured Investment Management does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

 

Informational Purposes Only, Not Professional Advice:

The Materials contained on the 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 the Site for any purpose, including without limitation, as the basis for any financial decision.  Not all of the products or services described in the 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.

 

Acceptable Use:

By accessing and/or using the Site and Materials, you hereby agree that:

  • You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose;
  • You will not access or use the Site to collect any market research for a competing business;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site;
  • You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site;
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, directly or indirectly, except for Internet search engines and non-commercial public archives that comply with our robots.txt file;
  • You will not use any automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
  • You will not frame portions of the Site within another website; and
  • You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.

If you find something on the Site that violates this Acceptable Use section, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice.

 

Changes; Termination:

Assured Investment Management 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.

Assured Investment Management may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Assured Investment Management 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 Investment Management 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.

 

Information Provided by You:

Assured Investment Management does not want you to, and you should not, send any confidential or proprietary information to Assured Investment Management via the Site or by e-mail.  Unless we expressly state otherwise, you agree that any information or materials that you or individuals acting on your behalf provide to Assured Investment Management will not be considered confidential or proprietary and you hereby acknowledge that no safeguards will be taken by Assured Investment Management to protect unsolicited information submitted by you.  By providing any such information or materials to Assured Investment Management, you grant to Assured Investment Management 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 Investment Management is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Assured Investment Management. You further recognize that Assured Investment Management does not want you to, and you warrant that you shall not, provide any information or materials to Assured Investment Management that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

 

Third-Party Sites:

The Site may contain links to websites operated by other entities. The content of such third-party websites is developed and provided by others.  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 Investment Management 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 Assured Investment Management, or the 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 Investment Management or any of its subsidiaries.

 

Limitation of Liability:

In no event shall Assured Investment Management, or any of its subsidiaries or their respective officers, directors, shareholders, employees, agents, representatives or licensors, be liable hereunder, under any theory of liability whatsoever 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 Assured Investment Management has been advised of the possibility of such damages)) arising out of (a) your use of, or inability to access and use, 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.  In connection with any action in contract, tort, product liability, statute or otherwise, any direct damages that you may suffer as a result of your use of the Site or Materials shall be limited to fifty United States dollars ($50.00).

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 Investment Management’s aggregate liability will be limited to the extent permitted by the laws of that jurisdiction.

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 third-party is solely responsible for such information, services or products, and you hereby release Assured Investment Management, its subsidiaries and their respective 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 Assured Investment Management, its subsidiaries, and their respective officers, directors, shareholders, employees, agents, representatives and licensors, from any claim, cost, expense, judgment or other loss relating to: (i) your misuse of the Site or Materials, (ii) your violation of the terms and conditions of these Terms of Use, or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.  Each such party indemnified hereunder shall have the right to enforce this indemnification on its own behalf. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

Trademark Information:

The trademarks, service marks, and logos of Assured Investment Management (“Assured Investment Management Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Assured Investment Management.  Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Assured Investment Management Trademarks, the “Trademarks”).  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of the Assured Investment Management Trademarks inures to our benefit.

 

Other Proprietary Rights:

You acknowledge and agree that the Site and any Materials contained on the Site, are owned by, licensed to, or are otherwise used under permission by Assured Investment Management or our licensors 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.

If you violate any part of these Terms of Use, your permission to access and/or use the Materials and the Site automatically terminates and you must immediately destroy any copies you have made of the Materials.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors.  None of the Materials may be retransmitted without our express, written consent for each and every instance.

 

International Users and Choice of Law:

The Site is controlled, operated and administered by Assured Investment Management through its affiliates from its affiliates’ offices within the United States of America.  Assured Investment Management makes no representation that Materials at the 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 the Site from a location outside of the United States, you are responsible for compliance with all local laws.  These 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 these Terms of Use, and you consent to personal jurisdiction in such forum.

 

Cautionary Statement Regarding Forward Looking Statements:

The Site and the Materials contained on the Site may 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 give Assured Investment Management’s expectations or forecasts of 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.

Any or all of Assured Investment Management’s forward looking statements on the Site or in the Materials are based on current expectations at the time the statement was published on the Site and the then current economic environment and may turn out to be incorrect.  Assured Investment Management’s actual results may vary materially.  Among factors that could cause actual results to differ materially are:  (1) the development, course and duration of the COVID-19 pandemic and the governmental and private actions taken in response, and the global consequences of the pandemic and such actions, including their impact on the other factors listed herein; (2) changes in the world’s credit markets, segments thereof, interest rates, credit spreads or general economic conditions; developments in the world’s financial and capital markets that adversely affect insured obligors’ repayment rates, Assured Investment Management’s insurance loss or recovery experience, investments of Assured Investment Management or assets it manages; (3) reduction in the amount of available insurance opportunities and/or in the demand for Assured Investment Management’s insurance; (4) the loss of investors in Assured Investment Management’s asset management strategies or the failure to attract new investors to Assured Investment Management’s asset management business;  (5) the possibility that budget or pension shortfalls or other factors will result in credit losses or impairments on obligations of state, territorial and local governments and their related authorities and public corporations that Assured Investment Management insures or reinsures; (6) insured losses in excess of those expected by Assured Investment Management or the failure of Assured Investment Management to realize loss recoveries that are assumed in its expected loss estimates for insurance exposures; (7) increased competition, including from new entrants into the financial guaranty industry; (8) poor performance of Assured Investment Management’s asset management strategies compared to the performance of the asset management strategies of Assured Investment Management’s competitors; (9) the possibility that investments made by Assured Investment Management for its investment portfolio, including alternative investments and investments it manages, do not result in the benefits anticipated or subject Assured Investment Management to reduced liquidity at a time it requires liquidity or to unanticipated consequences; (10) the impact of market volatility on the mark-to-market of Assured Investment Management’s assets and liabilities subject to mark-to-market, including certain of its investments, most of its contracts written in credit default swap (CDS) form, and variable interest entities (VIEs) as well as on the mark-to-market of assets Assured Investment Management manages; (11) rating agency action, including a ratings downgrade, a change in outlook, the placement of ratings on watch for downgrade, or a change in rating criteria, at any time, of Assured Investment Management, and/or of any securities Assured Investment Management has issued, and/or of transactions that Assured Investment Management has insured; (12) the inability of Assured Investment Management to access external sources of capital on acceptable terms; (13) changes in applicable accounting policies or practices; (14) changes in applicable laws or regulations, including insurance, bankruptcy and tax laws, or other governmental actions; (15) the failure of Assured Guaranty Ltd. (“Assured Guaranty”) to successfully integrate the business of Assured Capital Management and its associated entities; (16) the possibility that acquisitions made by Assured Guaranty, including its acquisition of Assured Capital Management, do not result in the benefits anticipated or subject Assured Investment Management to unanticipated consequences; (17) difficulties with the execution of Assured Investment Management’s business strategy; (18) loss of key personnel; (19) the effects of mergers, acquisitions and divestitures; (20) natural or man-made catastrophes or pandemics; (21) other risk factors identified in Assured Investment Management’s filings with the United States Securities and Exchange Commission (“SEC”); (22) other risks and uncertainties that have not been identified at this time; and (23) management’s response to these factors.

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 the Site and in the Materials.  Assured Investment Management 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 Assured Investment Management makes on related subjects in Assured Investment Management’s periodic reports filed with the SEC.

If one or more of these or other risks or uncertainties materialize, or if Assured Investment Management’s underlying assumptions prove to be incorrect, actual results may vary materially from what Assured Investment Management projected.  Any forward looking statements on the Site or in the Materials reflect Assured Investment Management’s views at the time this statement was published on the Site with respect to future events and are subject to these and other risks, uncertainties and assumptions relating to its operations, results of operations, growth strategy and liquidity.

For these statements, Assured Investment Management claims the protection of the safe harbor for forward looking statements contained in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended.  Any forward-looking statements made on the Site or in the Materials reflect Assured Investment Management’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:

Assured Investment Management 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.

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

ASSURED INVESTMENT MANAGEMENT DOES NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  ASSURED INVESTMENT MANAGEMENT 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 PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Some jurisdictions do not allow for the exclusion of CERTAIN warranties. THEREFORE, SOME OF THE above exclusions ON WARRANTIES IN THIS SECTION may not apply to you.

 

Restrictions:

The Site is available only for individuals aged 13 years or older.  If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it.  If you are under the age of 13, you may use the Site only with the consent of your parent or guardian.

 

Miscellaneous:

Nothing contained in these 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.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. 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.  Except as expressly agreed by us and you in writing, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

Last Updated: September 22, 2020

Copyright 2020 Assured Investment Management LLC.  All rights reserved.