Quantcast

Terms of Use

Thank you for visiting our site. These Terms and Conditions of Use are applicable to the website operated by Build America Mutual Assurance Company (“BAM” or “Build America Mutual”), located at www.buildamerica.com (the “Site”). 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.

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, AS AMENDED FROM TIME TO TIME.

REGULATORY INFORMATION

Build America Mutual is a New York domiciled financial guaranty insurer. BAM is licensed in all 50 states and the District of Columbia.

As a mutual company, Build America Mutual does not have shareholders. Instead, its policyholders — the municipalities and other governmental entities that issue the debt BAM insures — are often described as sharing in its ownership. This generally means that the issuer of debt insured by Build America Mutual is a member entitled to vote for BAM's board of directors and eligible to share in any dividends that the company may declare. Membership in Build America Mutual continues until all of an issuer’s bonds that are insured by BAM are repaid.

SITE USE

The material contained on this Site (the ”Material“) is provided for informational purposes only and does not constitute (i) an offer to sell or a solicitation to buy any security or any insurance product, (ii) a template or form for use or (iii) or financial, tax, legal, investment or accounting advice. You should not rely on any Material for any purpose, including, without limitation, as the basis for any financial or insurance 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 is exempt from regulation. Please be advised that insurance coverage cannot be bound or changed via submission of (i) any online form/application provided on our website or otherwise or (ii) any email, voice mail or facsimile. No binder, insurance policy change, addition, and/or deletion to insurance coverage goes into effect unless and until confirmed directly in writing by us.

Proprietary Rights to Content

You acknowledge and agree that the entire contents of the Site (including all information, data, software, graphics, text, images, logos, and/or other material) and the design, selection, collection, arrangement and assembly thereof, are proprietary to Build America Mutual and are protected by United States and international intellectual property laws. You are authorized only to use the content on the Site for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, distribute, remove, delete, augment, add to, participate in the transfer of, license or sell any of the material on the Site without the prior written consent of Build America Mutual, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material on the Site are transferred to you, but remain with Build America Mutual or the applicable owner of such content.

TRADEMARKS

The Build America Mutual name and logo, and all related names, logos, product and service names are trademarks of Build America Mutual. They may not be used or displayed without prior written consent.

SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995

The Site may contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. All statements, other than statements of historical facts, included or referenced on the Site which address activities, events or developments which we expect or anticipate will or may occur in the future are forward-looking statements. The words “will,” “believe,” “intend,” “expect,” “anticipate,” “project,” “estimate,” “predict” and similar expressions are also intended to identify forward-looking statements. These forward-looking statements include, among others, statements with respect to Build America Mutual's:

  • business strategy;
  • financial and operating targets or plans;
  • incurred loss and loss adjustment expenses and the adequacy of its loss and loss adjustment expense reserves and related reinsurance;
  • projections of revenues, income (or loss), earnings (or loss), dividends, market share or other financial forecasts;
  • expansion and growth of our business and operations;
  • future capital expenditures; and
  • capital and claims-paying resources.

These statements are based on certain assumptions and analyses made by Build America Mutual in light of its experience and perception of historical trends, current conditions and expected future developments, as well as other factors believed to be appropriate in the circumstances. However, whether actual results and developments will conform to our expectations and predictions is subject to a number of risks and uncertainties that could cause actual results to differ materially from expectations, including:

  • the continued availability of capital and financing;
  • general economic, market or business conditions;
  • business opportunities (or lack thereof) that may be presented to us and pursued;
  • competitive forces, including the conduct of other financial guaranty insurers and reinsurers;
  • changes in domestic or foreign laws or regulations, or their interpretation, applicable to Build America Mutual, its competitors or its customers;
  • an economic downturn or other economic conditions adversely affecting its financial position;
  • recorded loss reserves subsequently proving to have been inadequate;
  • actions taken by rating agencies from time to time, such as financial strength or credit ratings downgrades or placing ratings on negative watch; and
  • other factors, most of which are beyond Build America Mutual's control.

Consequently, all of the forward-looking statements made on the Site are qualified by these cautionary statements, and there can be no assurance that the actual results or developments anticipated by Build America Mutual will be realized or, even if substantially realized, that they will have the expected consequences to, or effects on, Build America Mutual or its business or operations. Build America Mutual assumes no obligation to update publicly any such forward-looking statements, whether as a result of new information, future events or otherwise.

DISCLAIMER OF LIABILITY

Build America Mutual does not assume any liability for the materials, information and opinions provided on, or available through, the Site. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE SITE'S CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BUILD AMERICA MUTUAL NOR ANY PERSON ASSOCIATED WITH BUILD AMERICA MUTUAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABLITY OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER BUILD AMERICA MUTUAL NOR ANYONE ASSOCIATED WITH BUILD AMERICA MUTUAL WARRANTS OR REPRESENTS THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SITE, THE SITE’S CONTENT, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT DEFECTS OR ERRORS WILL BE CORRECTED.
  3. ANY DOWNLOADING OR OTHER RETENTION OF MATERIAL BY YOU THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BUILD AMERICA MUTUAL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF DATA, FILES OR ELECTRONIC COMMUNICATIONS, ERRORS, OMMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT OR SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, WHETHER OR NOT THERE IS NEGLIGENCE BY BUILD AMERICA MUTUAL AND WHETHER OR NOT BUILD AMERICA MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION

You agree to indemnify and hold harmless Build America Mutual and its officers, directors, agents, employees, and others involved in the Site from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use, your use of the Site or any products, services or information obtained from or through the Site, your connection to the Site, or your violation of any rights of another.

LINKS TO THIRD PARTY SITES

The Site may contain links to other websites on the internet. Build America Mutual is not responsible for the content, products, services or practices of any third party websites, including without limitation sites linked to or from the Site, sites framed within the Site or third party advertisements, and does not make representations regarding their quality, content or accuracy. The presence of links from the Site to any third party website does not mean that we approve of, endorse or recommend that website. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any third party website. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.

APPLICABLE LAW

These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed exclusively in the state or federal courts located in New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

INTERNATIONAL USE

We make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

INFORMATION PROVIDED BY YOU

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

CHANGES

Build America Mutual reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions 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 and Conditions of Use will be effective when notice of such change is posted. Your continued use of the Site or of any Material after any changes to these Terms and Conditions of Use are posted will be considered acceptance of those changes. Build America Mutual 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.

GENERAL INFORMATION

These Terms and Conditions of Use, as they may be amended from time to time, constitute the entire agreement and understanding between you and us governing your use of the Site. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect. Neither a course of dealing or conduct between you and Build America Mutual nor any trade practices shall be deemed to modify these Terms and Conditions of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any rights not expressly granted herein are reserved by and for Build America Mutual. We may terminate your access, or suspend any user’s access to all or part of any Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us. Any inquiries concerning these Terms and Conditions of Use should be directed to generalcounsel@buildamerica.com.