Legal Information

Revised Date: 4/26/2019

The information provided on this site or in any communication containing a link to this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DAC or its affiliates to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by DAC or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

The following are terms of a legal agreement between you and DAC. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

DAC may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. DAC may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

LICENSE AND SITE ACCESS

DAC grants you a limited license to access and make personal use of this site, subject to the Terms. This site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of DAC. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice.

Disclaimer of Warranty and Limitation of Liability

The information on this site is provided "AS IS". DAC does not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. DAC will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, DAC cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither DAC, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of DAC or of any vendor providing software or services support. In no event will DAC, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if DAC or any other party have been advised of the possibility thereof.

TERMS OF USE

PLEASE SCROLL DOWN AND READ THIS AGREEMENT CAREFULLY ("AGREEMENT"). IT IS IMPORTANT TO UNDERSTAND THAT THIS IS A LEGALLY BINDING CONTRACT BETWEEN DIGITAL ASSURANCE CERTIFICATION ("DAC") AND YOU (THE "USER" OR YOU). AS A USER OR OTHERWISE, YOU AGREE TO ACCESS, VIEW, OR USE THE SERVICES (AS DEFINED BELOW) IN ACCORDANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "I ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. BY CLICKING THE "I ACCEPT" BUTTON YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT. CLICKING ON THE "I ACCEPT" BUTTON IS AN ELECTRONIC SIGNATURE AND A CONFIRMATION BY YOU OF YOUR AUTHORIZATION TO ACCESS THE INFORMATION THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH THIS WEBSITE IS PROVIDED "AS IS" AND YOU AGREE THAT, (i) DAC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEE AND AGENTS, (ii) ANY ISSUER OF BONDS OR OBLIGATED PERSON, (iii) ANY PAYING AGENT OR TRUSTEE AS IDENTIFIED IN THE DOCUMENT, UNDER WHICH BONDS WERE ISSUED, OR (iv) ANY THIRD PARTY PROVIDING INFORMATION ON THIS WEBSITE SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE OR ADVERSE CONSEQUENCES ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF THE INFORMATION OBTAINED THROUGH THIS WEBSITE.

All disclosure documents on the DAC website have been submitted by and posted at the request of Issuers/Obligated Persons. DAC does not monitor the accuracy or completeness of any such disclosure document. DAC's function is solely limited to the mechanical tasks of posting and disseminating documents as they are submitted by Issuers/Obligated Persons.

The information contained in this website has been included for general informational purposes only and no person should make any investment decision in reliance upon the information contained herein. This website and the information contained herein do not constitute an offer to sell or the solicitation of any offer to buy any securities.

Disclosure documents on the DAC website are marked with a Dated Date and speak only as of that Dated Date. Readers are cautioned not to assume that any information has been updated beyond the Dated Date unless a disclosure document expressly states that it constitutes an update of a specific portion of a document. Any duty to provide an update of any document contained on the website is expressly disclaimed by DAC and the Issuer/Obligated Person. No inference should be made that any disclosure document has been updated due to its continued posting on the DAC website.

The disclosure documents contained on the DAC website may make "forward looking statements" by using forward-looking words such as "may," "will," "should," "expects," "believes," "anticipates," "estimates," or others. You are cautioned that forward-looking statements are subject to a variety of uncertainties that could cause actual results to differ from the projected results. Because all factors cannot be predicted that may affect future decisions, actions, events, or financial circumstances, what actually happens may be different from what is included in forward-looking statements.

TRANSACTION INFORMATION

DAC obtains price quotations for municipal securities and related information from the Real-Time Reporting Service, a service of the Municipal Securities Rulemaking Board (the "MSRB"), which receives and processes reports of certain data relating to transactions in municipal securities from brokers, dealers, and municipal securities dealers and distributes to DAC data representing municipal securities transactions (referred to herein as "Transaction Information"). The reports provided by the Real-Time Reporting Service to DAC represent certain inter-dealer and customer trades in municipal securities that have been reported by dealers to the MSRB. The reports do not necessarily reflect all transactions that were effected on the specific trade date noted. There is the possibility of errors in the trade submission process or errors or omissions in other processing of data, or delays in delivery of data reported by dealers or reported by the MSRB. These reports should not be used as the sole basis for pricing or executing transactions in municipal securities. Prices for transactions vary with market conditions and can be affected by trade size and other factors. Neither the MSRB nor its suppliers of data products or other services used to generate the transaction reports warrant or guarantee the accuracy of the data contained in these reports. Transaction Information is to be used for personal and internal business use only. No permission is granted for users to otherwise re-disseminate such Transaction Information to any party.

DAC does not make warranties of any kind, express, implied, or statutory (including without limitation, timeliness, truthfulness, sequence, completeness, accuracy, or freedom from interruption) regarding the Transaction Information or its suitability for any particular purpose, and any express or implied warranties of merchantability or fitness for a particular purpose or use, or any implied warranty arising from trade usage, course of dealing, or course of performance, with respect to the Transaction Information or results to be obtained are expressly disclaimed. Neither DAC nor any of its affiliates, directors, officers, or employees shall be liable for or have any responsibility of any kind for any inaccuracies, omissions, errors or other defects in the content of, or delay or untimeliness of, such Transaction Information, for any action taken in reliance thereon, or for any damages, losses or costs of any kind (including without limitation direct, indirect, special, punitive, or exemplary loss or damage, consequential and incidental damages, litigation costs, and attorney's fees and disbursements) arising from, occasioned by, or otherwise incurred in connection with the use, collection, compilation, transcription, transmittal, communication, or delivery of such Transaction Information, or resulting from any failure or interruption of the display of such Transaction Information by DAC, or resulting from the act or omission of any other party involved in making the Transaction Information available, or from any other cause relating to your access to, inability to access, or use of DAC's website or such Transaction Information, whether or not the circumstances giving rise to such cause may have been within DAC's control, except as may otherwise be provided by the federal securities laws. Such Transaction Information is provided on an "as is" basis and the use thereof is at the user's sole risk.

The Transaction Information provided by the MSRB includes CUSIP standard numbers and, in some cases, CUSIP standard securities descriptions, which are provided to the MSRB by the CUSIP Service Bureau and taken from the CUSIP Database, a database created and maintained by the CUSIP Service Bureau under the authority of the American Bankers Association (the "ABA"). The ABA and the CUSIP Service Bureau assert that CUSIP Numbers and CUSIP standard securities descriptions are the intellectual property of the ABA and the CUSIP Service Bureau, and you may not use CUSIP Numbers or CUSIP standard securities descriptions obtained from the Transaction Information provided on this site for any purpose other than identifying municipal securities issues in connection with your use of such Transaction Information.

Compliance Review Services Terms of Use

DAC will perform the procedures detailed in the Continuing Disclosure Compliance Review Services Agreement, or Continuing Disclosure Compliance Review Agreement (each a "CDA") and will prepare an online report of the results (the "Findings") for an issuer or "obligated person" ("Reviewed Party") as requested by the issuer or its agent (Requesting Party).

The use of this Site to access DAC's compliance review Findings and other documents are governed by the terms stated in the party's CDA, as well as these Terms of Use.

  1. Limitations: The requesting party understands that should it be fined or otherwise incur damages as a result of its reliance on the Findings, and the Findings contain a material error, the liability of DAC for such error shall be limited to the amount paid by the requesting party for such Findings.

    THE FINDINGS PRESENTED BY DAC FOR A REVIEWED PARTY ARE FOR THE EXCLUSIVE USE OF, AND MAY BE RELIED UPON EXCLUSIVELY BY, THE PARTY WHICH HAS ENGAGED DAC FOR COMPLIANCE REVIEW SERVICES OF A REVIEWED PARTY. THE PARTY ENGAGING DAC MAY ALLOW ACCESS TO THE FINDINGS TO PARTY'S COUNSEL OR MEMBERS OF PARTY'S WORKING GROUP ON AN OFFERING FOR WHICH THE PARTY IS THE PARTICIPATING UNDERWRITER, PROVIDED HOWEVER, THAT SUCH OTHER PERSONS MAY NOT RELY UPON OR OTHERWISE USE SUCH FINDINGS WITHOUT SEPARATELY ENGAGING DAC. UNDER NO CIRCUMSTANCE MAY PARTY SHARE THE FINDINGS OR ANY DOCUMENT CONTAINED ON THIS SITE WITH ANY DAC COMPETITOR.

  2. Confidentiality and Intellectual Property:

    • Information contained herein, is the exclusive intellectual property of Digital Assurance Certification, LLC. All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. This Site, its content, layout and design are the exclusive property of Digital Assurance Certification, LLC or its licensors and, except as expressly provided herein, Digital Assurance Certification, LLC does not grant any express or implied right in any such materials to you. In particular and without limitation, Digital Assurance Certification, LLC owns the copyright in the Site as a collective work and/or compilation, and any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the content of the Site. In addition, and without limitation, all documents or information prepared or summarized by DAC on this Site are confidential and proprietary trade secrets belonging to DAC and your access to and use of any such information is limited to these Terms of Use and the terms contained in the CDA.
    • All information contained herein is confidential and proprietary and by accepting these terms of use the holder of the username and password warrants and represents that they will not share any such information with any third party unless authorized by Digital Assurance Certification, LLC.