These Terms & Conditions & User Agreement (also herein, “Terms and Conditions”, “terms and conditions”, “Agreement” or “agreement”) set forth how "FDP Asset Recovery", (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “, that also here and elsewhere may be referred to as “visitor”, “client” or“customer”), agree to respect each other and each other’s property while and after you are using our website, pages and other information published FDP Asset Recovery. The term “you” also includes, as applicable, any company, group or organization you may represent, which also is bound hereby, jointly and severally with you as an individual, with your attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions.
READ THESE TERMS CAREFULLY BEFORE USING THE CONTENT AVAILABLE AT THE WEBSITE OR OTHERWISE ACCESSING THE WEBSITE. BY ACCESSING THIS WEBSITE OR USING THE AVAILABLE CONTENT, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AN AUTHORIZED USER AND YOU MAY NOT ACCESS THIS WEBSITE.
WE RESERVE THE RIGHT TO MODIFY, ADD TO OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON BY POSTING A NEW VERSION OF THESE TERMS AT THE WEBSITE. YOU SHOULD REVIEW THESE TERMS PERIODICALLY FOR CHANGES. THE NEW VERSION OF THESE TERMS WILL BE EFFECTIVE ON THE DATE WE POST THE NEW VERSION, WHICH WILL BE SET FORTH AT THE TOP OF THE PAGE. BY ACCESSING THIS WEBSITE OR USING THE AVAILABLE CONTENT AFTER THE EFFECTIVE DATE, YOU AGREE TO THE NEW VERSION OF THESE TERMS.
This Website is offered and available to users who are 18 years of age or older and are U.S. residents. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet our eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Unless otherwise specified, all materials and content appearing on this site and otherwise used in Company’s business, without limitation including the text, site design, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2001-2021. ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site or for placing an order through this site and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.
Our company name, the company names of our affiliates, FDP Asset Recovery and all other trade names, trademarks, service marks, product and service names, slogans, designs and logos (collectively, the “Marks”) displayed on this Website are proprietary to our affiliates, our licensors or to us. Nothing contained on this Website is to be construed as a grant, by implication, estoppel, or otherwise, of any license or right to use any of the Marks without our prior written permission. All other trademarks, service marks, product and service names, slogans, designs and logos on this Website are the intellectual property of their respective owners.
Nothing available at this Website constitutes investment advice, tax or accounting advice, legal or regulatory advice or an offer to sell or a solicitation of an offer to buy any security. Nothing available at this Website constitutes a recommendation of any particular investment strategy or as to the suitability of any transaction, security or other financial product or service.
All information and other content presented at or available through this Website is made available solely for your convenience and for general educational purposes. Any reliance you place on such information is strictly at your own risk and any decisions you make based on such information or other content are your sole responsibility. FDP Asset Recovery makes no representations that the information or other content available at this Website is appropriate for use in all locations. The individuals and entities that access this Website are responsible for compliance with applicable local laws and regulations.
All information and other content available on this Website are presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your Web browser to ensure you are receiving the most recent version.
You should not rely upon any information and other content available at or through this Website as a forecast or as investment research. Although the information and other content available at this Website are based upon information that we consider reliable and that we try to keep current (although we have no obligation to do so), we cannot guarantee that it is accurate, current, complete, or otherwise useful and you should not rely upon the information and other content as such. We expressly disclaim all liability for errors and omissions in the information and other content on this Website and for the use or interpretation by others of information published at this Website. Opinions expressed on this Website may change as market conditions vary.
Except as otherwise stated in these Terms or as expressly authorized by us in writing, you may not:
Use this Website or any available content in violation of applicable law or regulation;
Use this Website in any manner that could disable, damage or overburden the Website, our servers or any of the networks connected to our servers, or as determined by us, in a way that may harm FDP Asset Recovery or expose FDP Asset Recovery to liability;
Use this Website in any manner that would interfere with another person's use of the Website;
Include any of the Marks or any variation of them as a meta-tag or hidden textual element;
Use any robot, spider or other automatic device, or any manual process or means to search, monitor or copy this Website or the information and other content on, generated by or obtained from this Website, whether through links or otherwise, without FDP Asset Recovery's prior written permission;
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempt to interfere with the proper working of the Website; or Use this Website, the information and other content in any manner that could create impression of affiliation, sponsorship or endorsement by FDP Asset Recovery Group.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONE OF FDP ASSET RECOVERY AND ANY PERSON ASSOCIATED WITH WEALTH MANAGEMENT GROUP MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NONE OF FDP ASSET RECOVERY AND ANY PERSON ASSOCIATED WITH FDP ASSET RECOVERY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FDP ASSET RECOVERY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
FDP ASSET RECOVERY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (INCLUDING TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,) OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE AND EVEN IF FDP ASSET RECOVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This agreement shall be construed under the laws of the State of Massachusetts without regard to conflicts of law principles.
SEVERABILITY & INTERPRETATION
Whenever possible, each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
No waiver by FDP Asset Recovery of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time. Any failure by us to assert a right or provision under these Terms will not constitute a waiver of such right or provision
ARBITRATION & RELIEF IN EQUITY
All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration in the State of Massachusetts, USA or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit the Company from seeking to uphold and defend its rights and privileges contained in the terms of this Agreement or any other applicable agreement with its Users, Members or Affiliates, by requesting injunctive relief, administrative relief or any relief in equity, including, without limitation, remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means.
User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death, and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s content and information and from user’s breach of any of the terms contained in this agreement.
This agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. You understand and agree that your accessing and using the information on this website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.
These Terms constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
LAST UPDATED APRIL 2, 2021
END OF TERMS & CONDITIONS & USER AGREEMENT
FDP Asset Recovery cannot guarantee future financial results. Client experiences may vary and working with FDP Asset Recovery is not a guarantee of future financial results.