Terms of Service

These Terms & Conditions (the “Terms”) govern the relationship between F&G Asset Recovery LLC (hereinafter, “FGAR,” “us,” or “we”) and you, regarding your use of the propertyfn.com website (“Site”).

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE WEBSITE. BY [CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY] ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE WEBSITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE SECTION 8 BELOW FOR THESE TERMS.

[If you are using the Site on behalf of another person or entity (the “Principal User”), then you personally represent and warrant to us that the Principal User has authorized you to act on the Principal User’s behalf and to obligate the Principal User to be bound by these Terms and you hereby agree to these Terms in the name of and on behalf of the Principal User. Except in the prior sentence, as used in these Terms (and the Privacy Policy and any other policies), “you” refers to the Principal User on behalf of whom the Site is used].

1. Basic Rules and Rights We Are Granting
   1. License Grant for Website. Subject to your agreement and continuing compliance with these Terms and any other relevant FGAR policies, FGAR grants you a non-exclusive, non-transferable, revocable limited right and license to access and use the Site. You agree not to reverse engineer, decompile or otherwise attempt to view the source code for the Site and not to make any copies or engage in distribution of the Site.
   2. Use of the Site: The following restrictions apply to the use of the Site:
      1. You shall not engage in any act that FGAR deems to be in conflict with the spirit or intent of the Site, including but not limited to circumventing or manipulating these Terms;
      2. You may not use the Site in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
      3. You shall not use the Site to engage in any illegal conduct;
      4. You shall not reproduce, distribute or publicly display any content you access through the Site unless such content is clearly marked as “public” and you have been given the right to view such content; and
      5. You shall not do anything with any content you access through the Site that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions.
   3. Information and Management. You may choose to provide FGAR with certain personal information for yourself or for the individual acting on your behalf, which may include (but is not limited to) personal information such as name, birth date and email address (collectively, “Personal Information”). Personal Information will be held and used in accordance with the Privacy Policy. You agree that you will supply accurate and complete Personal Information to FGAR, and that you will update such information when and as it changes.
   4. License and Account Limitations and Prohibitions.
      1. General Effects of Violations. Any use of the Site in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1, and may subject you to liability for violations of law.
      2. [Payment Policy; Other Policies. Our Payment Policy applies to all payments made to FGAR through the Site. The Payment Policy can be accessed at propertyfn.com/pricing and is incorporated herein by reference. You acknowledge that FGAR has in place other policies, that supplement or in addition to these Terms, regarding use of the Site available at propertyfn.com and that you agree to abide by such policies and that such policies are in addition to any obligations you have under these Terms and are incorporated herein by reference.]
      3. Activity Prohibitions Regarding Use of Account. You agree that you will not, under any circumstances do or assist in any of the following activities:
         1. Modify or cause to be modified any files or content that are used to maintain the Site, without the express prior written consent of FGAR;
         2. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Site (each a “Server”) or (2) the use or enjoyment of the Site by any other person;
         3. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, or other attempts to disrupt the Site or any other person’s use or enjoyment of the Site;
         4. Gain, or attempt to gain, unauthorized access to the Site or the Servers or networks used to support the Site (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Site);
         5. Harass, abuse, harm, bully, intimidate or advocate, threaten or incite harassment, bullying, intimidation, abuse or harm of another person or group of persons, including FGAR employees or representatives;
         6. Interfere or attempt to interfere with the proper functioning of the Site or connect to or use the Site in any way not expressly permitted by these Terms;
         7. Intercept, examine or otherwise observe any proprietary communications protocol used by a Server or the Site, whether through the use of a network analyzer, packet sniffer or other device;
         8. Make any automated use of the Site or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
         9. Bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology or device to send content or messages, scrape, spider or crawl the Site, or harvest or manipulate data from, through, or relating to the Site;
         10. Use, facilitate, create or maintain any unauthorized connection to the Site, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Site or (2) any connection using programs, tools or software not expressly approved in writing by FGAR; and
         11. Upload or transmit (or attempt to upload or to transmit), without FGAR’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
   5. Suspension and Termination:
      1. FAILURE TO COMPLY. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY YOUR ACCESS TO THE SITE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS, YOUR RIGHTS TO USE THE SITE ARE EXPIRED OR BECOME TERMINATED OR YOUR USE OF THE SITE IS RELATED TO ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SITE. FGAR SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION OF YOUR ACCESS TO THE SITE.
      2. IP INFRINGEMENT
         1. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE ACCESS TO THE SITE OR PORTIONS THEREOF AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SITE IF WE BELIEVE THAT SUCH USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING FGAR’S INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
      3. Right to Cease Hosting SITE. FGAR reserves the right to stop enabling use of the Site or part of the Site at any time if FGAR believes that the continued use of the Site or part of the Site will or may cause harm to FGAR or you or may result in any violation of applicable law by either FGAR or you. If FGAR elects to stop enabling or supporting the Site or part of the Site, the license granted hereunder to you to use the Site or a part thereof will automatically terminate.
   6. Intellectual Property Ownership in the Site. The Site, and all of its related components and contents, (including without limitation, any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by FGAR or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.
2. Your Content and Consent to Monitoring
   1. Posted Content. “Posted Content” means any communications, videos, images, sounds, and all the material, text, drawings, writings, data, and information that you upload, post, publish or transmit on or through the Site. We may take actions based upon Posted Content including instructions provided within Posted Content but we may also take actions to verify with you that such instructions were truly your intent or to clarify such instructions. You acknowledge that we may reach out to you at any time regarding any Posted Content before we take action and that you will not assume that any actions were taken by us based upon any Posted Content unless you receive confirmation that such actions are being taken by us.
   2. Template Content. We may provide you with templates, pre-populated communications, or other content through the Site (“Template Content”) that you may use or modify as part of using our Site to produce Posted Content. You acknowledge that your use of any Template Content does not relieve you of any responsibilities or obligations under this Agreement and that your rights in Posted Content are by license only and limited to the rights to reproduce and modify such Template Content in order to create your own Posted Content.
   3. Obligations Regarding Content. By transmitting or submitting any Posted Content while using the Site, you affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information, rights of publicity, or intellectual property is comprised in the Posted Content; (c) along with the exercise of the rights by FGAR granted in Section 2.4, will not result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code. You further represent and warrant that you have all rights necessary to transmit Posted Content to FGAR and to grant the rights in Posted Content granted to FGAR under these Terms.
   4. Licenses to Posted Content. You hereby grant FGAR a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof. For clarification, FGAR will not create derivative works of Posted Content in order to sell or distribute such derivative works on a stand-alone basis and any public display or distribution of your Posted Content to a third party will only be done in a manner consistent with the Privacy Policy or as part of providing advertising and marketing materials for the Site. FGAR will only exercise the rights granted in this Section 2.4 to offer or to facilitate the offering of the Site. To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content and expressly grant us permission to use your name and likeness in connection with advertising and marketing materials for the Site.
   5. Content Screening.
      1. Consent to Monitoring. By entering into these Terms, you hereby provide your irrevocable consent to our monitoring and recording of your use of the Site. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any information, including without limitation chat, text or voice communications.
      2. Options Regarding Content. FGAR may reject, refuse to post or delete any content you submit for use or processing by or through the Site for any or no reason, including, but not limited to for the reason, in the sole judgment of FGAR, that such content or the posting of any particular content violates these Terms or may violate applicable law.
      3. Seeking to Take Down Infringing Content. It is FGAR’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). If anyone believes any materials accessible on or from Site infringes their copyright, that person may request removal of those materials (or access to them) from the Site by submitting written notification that meets the current requirements of the DMCA to our copyright agent designated below.
      4. Termination for Infringement. FGAR reserves the right to terminate without notice any user’s access to the Site if that user is determined by FGAR to be a “repeat infringer.” In addition, FGAR accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
      5. Copyright Designated Agent. All notice under the DMCA may be submitted to the following address:
         F&G Asset Recovery LLC 23344 Alta Oaks Drive Wildomar, CA, 92595 Attn: [Copyright Designated Agent]
3. [Information Available Through the Site. Public Information. FGAR aggregates publicly available information, including from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources (“Public Information”). This Public Information may be made available to you through the Site.]
4. Accounts; Notices; Deletion of Content.
   1. [Accounts. You must register for an account in order to use the Site. You agree to submit accurate identification and contact information when registering for an account. You are responsible for maintaining the confidentiality of your login and password information and we are not responsible for nay unauthorized access to your account.]
   2. Third Party Notices. We may be required to provide you with certain notices and content in connection with your use of the Site. You agree that we may provide you with such notices and content by either emailing you such notices to the email address that we have on file for you or by providing you with a link to a website where such notices and content will be posted.
5. Third Party Advertising. Third Party Advertisements. You understand that the Site may feature advertisements from FGAR or third parties. The Privacy Policy addresses our disclosure of information for third party advertising. Links to Third Party Sites and Dealings with Advertisers. FGAR may provide links on the Site to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit. Any charges or obligations you incur in your dealings with these third parties are your responsibility. FGAR makes no representation or warranty regarding any content, goods, or websites provided by any third party even if linked from our Site, and we will not be liable for any claim relating to any third party content, goods, or websites. The linked sites are not under the control of FGAR and may collect data or solicit personal information from you. FGAR is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by FGAR of these linked sites.
6. Updates to the Site. You understand that the Site undergoes frequent changes. FGAR may require that you accept updates to the Site in order to continue using the Site. You acknowledge and agree that FGAR may update the Site without notifying you.
7. Disclaimer; Limitations; Waivers on Liability; Indemnification.
   1. Disclaimer of Warranties.
      1. SITE PROVIDED “AS IS”. YOU EXPRESSLY AGREE THAT USE OF THE SITE [AND PUBLIC INFORMATION] IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND FGAR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). NO GUARANTEES ARE MADE REGARDING WHO MAY VIEW ANY CONTENT YOU POST OR HOW OTHERS WILL EVALUATE YOU OR ANY CONTENT YOU POST.
      2. NO WARRANTY OF ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, NEITHER FGAR NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “FGAR PARTIES”) WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
      3. NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT. FGAR DOES NOT GUARANTEE THAT ANY INDIVIDUAL WILL ALWAYS BE PREVENTED FROM VIEWING INFORMATION OR CONTENT THAT THE SITE INTENDED TO NOT BE AVAILABLE TO SUCH INDIVIDUAL. FGAR DOES NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED ON THE SITE WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. FGAR DOES NOT WARRANT THAT THE SITE WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY FGAR OR THROUGH THE SITE.
   2. Limitations; Waivers of Liability.
      1. DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE FGAR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFITS, BUSINESS, BUSINESS INFORMATION, DATA OR GOODWILL, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION, DATA, PRODUCT OR SERVICE PROVIDED THROUGH THE SITE.
      2. NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE FGAR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FGAR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SITE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
      3. DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
      4. Indemnification. You agree to defend, indemnify, save, and hold the FGAR Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein. FGAR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FGAR and you agree to cooperate with FGAR defense of these claims. FGAR will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of the Site.
8. Dispute Resolution.
   1. General. If a dispute arises between you and FGAR, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FGAR agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Site (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Other than those matters listed in Section 8.2, you and FGAR agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 8, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
   2. Exclusions from Arbitration. YOU AND FGAR AGREE THAT ANY CLAIM FILED BY YOU OR BY FGAR IN SMALL CLAIMS COURT OR BY FGAR RELATED TO PROTECTION OF FGAR’S OR ANY FGAR LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 8. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY FGAR IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO FGAR TERMS ADMINISTRATOR, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH FGAR THROUGH ARBITRATION.
   3. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND FGAR SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. Initiation of Arbitration Proceeding; Selection of Arbitrator. If you or FGAR elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it with the American Arbitration Association (“AAA”). The terms of this Section 8 will govern in the event they conflict with the arbitration rules identified below.
   4. Arbitration Procedures. Because the website provided to you by FGAR concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to, and negotiated in good faith with, FGAR as described above, and if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to FGAR or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
   5. Location of Arbitration. You or FGAR may initiate arbitration in either the United States or the county in which you reside. If you initiate arbitration in the county of your residence, FGAR may transfer the arbitration to the United States provided that FGAR agrees to pay any additional fees or costs you incur as a result of the change in location, as determined by the arbitrator.
   6. Severability. If any clause within this Section 8 (other than the Class Action Waiver clause of Section 8.4) is found to be illegal or unenforceable, that clause will be severed from this Section 8 and the remainder of this Section 8 will be given full force and effect. If the Class Action Waiver (Section 8.4) clause is found to be illegal or unenforceable, this entire Section 8, except for this Section 8.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND FGAR EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
9. General Provisions
   1. Updates to the Terms and Privacy Policy.
   2. Right to Update. FGAR reserves the right, at our discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended Terms or Privacy Policy through the Site and/or by emailing you a copy of such updated Terms and/or Privacy Policy to the email address we have for you in our records. You may also be given additional notice, such as an email message, of any changes. You will be deemed to have accepted such changes by continuing to use the Site. Except as otherwise stated, all amended terms shall automatically be effective thirty (30) calendar days after they are initially posted. FGAR may also revise other policies, codes or rules at any time and the new versions will be available for viewing at propertyfn.com/terms-of-service or through the Site. No amendment to the Terms or Privacy Policy shall apply to any dispute of which FGAR had actual notice before the date of the amendment.
   3. Seeking Consent. If FGAR revises these Terms or its Privacy Policy and seeks your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy Policy before accessing the Site again, then notwithstanding anything to the contrary, FGAR reserves the right to terminate use of the Site. For purposes of this Section 8.1(b), revised Terms include any supplemental terms as referenced in Section 9.4. Disagreement With Terms. If at any time you do not agree to any provision of the then-current version of our Terms, the Privacy Policy or any other FGAR policy, rule or code of conduct relating to your use of the Site, your right to use the Site will immediately terminate, and you must immediately stop using the Site.
   4. Conflict. To the extent these Terms or the Privacy Policy conflict with any other FGAR terms, policy, rule, or code of conduct, the provisions of these Terms and the Privacy Policy will prevail.
   5. Severability. If any provision of these Terms or the Privacy Policy is found invalid, illegal, or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity, illegality, or unenforceability without affecting the validity, legality, or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
   6. Assignment. FGAR may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without the prior written consent of FGAR; any purported assignment or delegation in violation of this Section 9.3 is void.
   7. Supplemental Policies. FGAR may publish additional policies related to specific websites such as forums, contests, loyalty programs and other features. You acknowledge that we may email such additional policies to you at the email address you have provided us for use in conjunction with the Site and that you will regularly check such email. Your use, if any, of such Sites is subject to such specific policies and these Terms.
   8. Entire Agreement. These Terms, together with any supplemental policies, the Privacy Policy, and any other documents expressly incorporated by reference herein, contain the entire agreement between FGAR and you with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
   9. No Waiver. The failure of FGAR to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of FGAR’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by FGAR of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by FGAR shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of FGAR.
   10. Notices. We may notify you via postings viewable through the Site and via email or any other communications means through contact information you provide to us. All notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to the address in this Section 9.7. Any notices that you provide without compliance with this Section 9.7 shall have no legal effect.
       F&G Asset Recovery LLC 23344 Alta Oaks Drive Wildomar, CA, 92595 Attn: [Notices Administrator]
   11. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to FGAR are of a unique and irreplaceable nature, the loss of which shall irreparably harm FGAR and which cannot be replaced by monetary damages alone, so that FGAR shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or any content or other material used or displayed through the Site.
   12. Force Majeure. FGAR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FGAR, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FGAR’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.
   13. Interpretation. As used herein, the word “including” or any variation thereof means (unless the context of its usage otherwise requires) “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
   14. Choice of Law. The Terms and Privacy Policy shall be governed by the laws of the Florida notwithstanding its conflicts of law provisions.