Terms of Service

By using this site and all other sites under its management, you, herein known as "User," agree to all of the following, including our Disclaimer, Return Policy and Privacy Policy. This agreement sets forth rights and obligations as a User of Provider's website and materials.

This is an agreement between US Foreclosure Recovery Inc., Brand Metrics LLC, its officers, and agents, individually, collectively, jointly or severally (hereafter referred to as "Provider"), either via this website or via any other means whatsoever, and hereafter known as "User", and sets forth rights and obligations as a user of the Provider's website and materials.

1. Definitions

• "US Foreclosure Recovery Inc." refers to the entity, its owner(s), parent company(ies), subsidiaries, affiliate entities, independent contractors, employees, and assigns.
• "User" refers to a person who has used the website or its materials and executed this agreement.
• "User Account" refers to an individual's account registered with this website.
• "Parties" refers to US Foreclosure Recovery Inc. and User, each being an individual "Party."
• "Service" means the highly specialized products and services including but not limited to a variety of information, learning materials, procedures, preparation, and branded forms and documents through the Provider's network of properties.

2. Terms and Termination

By transferring payment to the Provider, creating a user account, or use of any materials, the visitor becomes a User. There are various products and services available to the User and prices applicable to certain products and services. The Provider's products, services, and prices are subject to change without notice.

The User's contract with the Provider begins when clicking "I Agree", submitting payment information, and will continue until either:

• The Provider cancels the account due to breach of terms;
• The User gives notice of cancellation in adherence with the Return Policy;
• The User cancels a subscription plan with more than forty-eight (48) hours notice before the next charge;
• The credit card or charge is denied and a new credit card is not provided within seventy-two (72) hours.

2.5 Programs and Services

Provider offers two agent programs. The program purchased by User at enrollment governs the services, deliverables, and commission structure applicable to User's account.

Partnership Program -- $2,895

The Partnership Program includes the following deliverables:

• Dedicated landing page on the main Provider website
• Shared 800 inbound number for lead capture
• Ten (10) or more verified leads delivered per week
• Outreach automation setup and scripts
• Full training program and support access
• Commission structure: 50/50 split on Provider's 30% recovery fee collected on each closed deal

Payment Plan: Five (5) payments of $579 are available. User must complete the payment plan before upgrading to the Owner Operator Program.

Owner Operator Program -- $4,995

The Owner Operator Program includes everything in the Partnership Program, plus the following:

• Full white-label website clone under User's own brand
• Business dashboard with lead and pipeline management
• Wyoming LLC formation
• EIN (Employer Identification Number) procurement
• Business bank account setup assistance
• 45-point compliance build-out
• Press release distribution
• Sub-agent recruitment and management system
• Commission structure: User retains 100% of Provider's 30% recovery fee on each closed deal

Payment Plan: Five (5) payments of $999 are available. A $500 discount applies for Users who already have an existing business entity (LLC or corporation) at the time of enrollment. Documentation of the existing entity is required to receive the discount.

Upgrade Path

Partnership Program users may upgrade to the Owner Operator Program at any time by paying the difference of $2,100. Users on a payment plan must complete all scheduled payments before the upgrade may be processed. No partial upgrade credit is available for payments already made under a payment plan.

2.6 Double Your Money Back Guarantee

Provider's Commitment to Closing

Provider is committed to helping every agent close their first deal. Provider's support team will work directly with User through every step of the closing process, including lead qualification, client outreach, document preparation, claim filing guidance, and follow-up. This is a win-win arrangement -- Provider succeeds when User succeeds. Provider's team will be actively involved in helping User close deals, not simply providing materials and leaving User to figure it out alone.

12-Month Guarantee Period

If after twelve (12) months of active participation, following all training protocols, and documented outreach to the support team for assistance, the agent has not closed a deal, Foreclosure Recovery Inc. will refund double the agent's initial program investment.

To qualify for the guarantee, the agent must:

1. Complete all training modules within sixty (60) days of enrollment;
2. Actively work leads each week as delivered by Provider;
3. Make calls using Provider's phone system, which records all calls, demonstrating a consistent effort to contact leads and obtain signed contingency agreements;
4. Participate in closing assistance offered by Provider's support team;
5. Maintain documented communication with the support team at least once per calendar month;
6. Follow the scripts, processes, and procedures as taught in the training program;
7. Not have violated any terms of this agreement at any point during the guarantee period.

Disqualification from Guarantee

User will not qualify for a refund under this guarantee if User:

1. Does not complete the training program;
2. Does not seek support from Provider's staff;
3. Does not make calls from Provider's phone system where call recordings demonstrate a consistent effort to obtain signed contingency agreements;
4. Has not demonstrated consistent, documented effort to work leads and close deals throughout the guarantee period.

Provider reserves the sole right to determine whether User has demonstrated sufficient effort based on call recordings, support ticket history, training completion records, and lead activity logs.

The guarantee period begins on the date of full payment, or on the date of the first payment for Users enrolled in a payment plan.

Refund requests under this guarantee must be submitted in writing to claim@usforeclosurerecovery.com with documentation demonstrating compliance with all qualifying criteria listed above. Provider reserves the right to audit submitted documentation before processing any refund.

3. No License to Use Branding

Any content on the Provider's website(s) may constitute the intellectual property of the Provider. Except where expressly authorized, no material on any website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Provider's trademark and logo are proprietary marks of the Provider, and the use of those marks is strictly prohibited.

4. Indemnity

User agrees to protect, defend, indemnify and hold harmless Provider, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of User's conduct.

User agrees to be fully responsible for the success or failure of any of the information, materials, products, and services provided. User assumes all liability for any and all acts done based upon said information, materials, products, and services.

5. No Warranty; Lead Delivery

Provider's websites and services are provided "as is" without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

6. Force Majeure

Provider will not be responsible to User for any delay, damage, or failure caused by or occasioned by a force majeure event including but not limited to: act of God, act of nature, terrorism, insurrection, civil strife, labor strikes, acts of public enemies, federal or state laws, inability to procure materials, or any other causes beyond the control of Provider.

7. Assignment of Rights

Provider may assign its rights under this agreement at any time, without notice to User. User rights arising under this agreement cannot be assigned without Provider's express written consent.

8. Information; Registration; Usernames and Passwords

User will be required to create an account with Provider. User warrants that the information given to Provider is truthful and accurate. User is responsible for maintaining the confidentiality of any password and agrees not to transfer the password or username to any third party.

User agrees not to share any information inside the Member's Area online or with any third party. User is fully responsible for all transactions with, and information conveyed to Provider under User's account.

9. Release/Authorization to Use Photographs

User grants Provider permission to use any and all photographs taken by Provider or its agents, or submitted by User to Provider in any media for any purpose, including advertising, promotion, marketing and packaging. User agrees that this authorization may be assigned by Provider to any other party.

10. Biometric Data Consent

Collection and Use:

We may collect Biometric Data (e.g., voice recordings from calls, profile pictures, or video testimonials). This data may be used to:

• Publish testimonials on our website, social media, or marketing materials
• Train AI models for service improvement, fraud detection, or client support
• Create internal training materials for staff

Retention and Security:

Biometric Data will be stored securely and retained only as long as necessary for the stated purposes. We comply with all applicable state laws, including the Illinois Biometric Information Privacy Act (BIPA) and Texas Biometric Identifier Laws.

11. Prohibited Activity

Provider has the right to terminate this agreement at any time if User engages in any of the following:

• Harmful Acts: Any dishonest or unethical business practice; any violation of the law; infliction of harm to Provider's reputation.
• Spamming: Any communications deemed "spamming" or any other unsolicited solicitations.
• Offensive Communications: Any communication that is sexually explicit, obscene, offensive, profane, hateful, threatening, defamatory, or that violates the intellectual property rights of another.

12. Digital Millennium Copyright Act

If User believes that materials or content available on any Provider website infringes any copyright User owns, User or User's agent may send Provider a notice requesting that Provider remove the materials or content from the Provider website(s).

13. Arbitration, Governing Law, and Attorneys' Fees

Waiver of Class Action Claims: User understands and agrees that User will not have the right to participate in a representative capacity or as a member of any class of claimants. There is no right for any claim to be brought on a class action basis.

Limitations Period: Any claim brought in arbitration must be brought within the time period set forth in any applicable statute of limitations.

14. Changes to Terms

Provider reserves the right to change these terms, in whole or in part, from time to time at Provider's sole and absolute discretion. User's continued use of Provider's services manifests agreement to any subsequent changes to the terms.

15. Limitation of Liability

User expressly understands and agrees that Provider shall not be liable to User for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.

In no event shall Provider's liability to User for any claim exceed the amount of one (1) monthly payment paid by User to Provider for the month preceding the date in which the facts giving rise to a claim against Provider occurred.

16. Disclaimer of Warranties

Use of the service is at User's sole risk. The service is provided on a "case-by-case" and individualized basis. Provider expressly disclaims all warranties of any kind, whether express or implied.

17. No Third-Party Beneficiaries

User agrees that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.

18. Payments Accepted

Provider accepts: Discover, Visa, MasterCard, AMEX, postal money orders, cash, checks, cashier's checks, CashApp, Zelle, Venmo, Chime, or standard money orders.

19. No Resale Allowed

User agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion, aspect, or element of the Product whatsoever.

20. Severability

If any term set forth herein is deemed unenforceable under any applicable law, the remaining terms shall remain in full force and effect.

21. Notices

You must email claim@usforeclosurerecovery.com for any request. The request was not acknowledged if you do not receive confirmation within 48 hours. It is the consumer's responsibility to ensure that all requests are correctly received and acknowledged.

22. Independent Contractor Relationship

User is an independent contractor and is not an employee, partner, joint venturer, or agent of Provider. Nothing in this Agreement creates an employer-employee relationship, partnership, or joint venture between the Parties. User shall have no authority to bind Provider in any manner whatsoever.

User is solely responsible for:

• Determining the manner and means by which services are performed;
• Setting their own work schedule and hours;
• Providing their own workspace, equipment, and supplies (beyond what is included in the program);
• All self-employment taxes, income taxes, Social Security, Medicare, and any other tax obligations arising from income earned through recovery activities;
• Obtaining any required business licenses, permits, or registrations in User's state, county, or municipality of operation;
• Maintaining adequate health, disability, and liability insurance as User deems appropriate.

Provider will not withhold federal or state income tax, Social Security tax, or any other payroll deductions from payments made to User. User will receive an IRS Form 1099-NEC for any payments exceeding $600 in a calendar year, as required by federal law.

23. State Regulatory Compliance

23.1 General Compliance Obligations

User acknowledges and agrees to the following:

• Some states require recovery agents to be licensed, bonded, or registered before conducting surplus funds recovery activities;
• Some states impose maximum fee percentages that recovery agents may charge clients (commonly ranging from 10% to 35% of recovered funds);
• Some states impose mandatory waiting periods after a foreclosure sale before a recovery agent may contact the former property owner;
• Some states require specific disclosures in recovery agreements signed by the former property owner;
• Some states prohibit recovery agents from operating in the state without a physical presence or registered agent;
• Federal, state, and local regulations may change at any time, and User is responsible for monitoring and adapting to regulatory changes.

Provider's training materials include general guidance on state-specific regulations as of the date of publication. However, Provider does not guarantee the accuracy, completeness, or currency of regulatory information. User should consult with a licensed attorney in User's jurisdiction before commencing recovery activities.

23.2 States with Specific Recovery Agent Statutes

The following is a non-exhaustive summary of states known to have specific statutes or regulations governing surplus funds recovery agents. This list is for informational purposes only and does not constitute legal advice:

• Alabama: Recovery agents may charge up to 35% of the surplus amount. No mandatory waiting period. No specific licensing requirement for recovery agents.
• Arizona: Surplus funds held by the Superior Court. Recovery agreements must be in writing. No specific cap on fees, but courts may review reasonableness.
• California: Civil Code Section 2924j governs surplus distribution. Agents must comply with Business and Professions Code provisions. Some counties impose local requirements.
• Colorado: No specific surplus recovery agent statute. Standard contract law applies. User must comply with the Colorado Consumer Protection Act.
• Florida: Florida Statute 45.033 governs surplus funds claims. Recovery agents must comply with the Florida Deceptive and Unfair Trade Practices Act. Fee agreements must be in writing and signed by the claimant.
• Georgia: O.C.G.A. Section 9-13-160 et seq. governs excess funds from judicial sales. No mandatory agent licensing. Written agreements required.
• Illinois: 735 ILCS 5/12-144.5 places a 25% cap on fees that recovery agents may charge. Contracts must include specific statutory disclosures. Violations may result in voiding the contract and requiring fee refunds.
• Indiana: Indiana Code 32-29-8 governs surplus claims. Written assignment agreements required. Standard contract law applies to fee structures.
• Maryland: Tax-Property Article 14-844 governs surplus funds. The state imposes specific notice requirements and procedural steps.
• Michigan: MCL 600.3252 governs redemption and surplus. No specific recovery agent licensing. Standard contract and consumer protection laws apply.
• New Jersey: N.J.S.A. 2A:50-64 governs surplus distribution. The Fair Foreclosure Act imposes specific requirements. No specific recovery agent licensing requirement.
• New York: RPAPL Article 13 governs foreclosure surplus. Courts closely scrutinize fee agreements. Agents should exercise caution regarding fee percentages.
• North Carolina: N.C.G.S. 1-339.71 governs surplus. No specific recovery agent regulation beyond standard business licensing.
• Ohio: ORC 2329.44 governs distribution of surplus. No specific recovery agent licensing. Written agreements are strongly recommended.
• Oregon: ORS 18.950 governs surplus funds from execution sales. Standard contract and consumer protection laws apply.
• Pennsylvania: 42 Pa.C.S. Section 8103 governs surplus after sheriff's sales. No specific recovery agent regulation.
• South Carolina: SC Code 15-39-720 governs surplus. The state has seen increased regulatory attention on recovery agents.
• Tennessee: TCA 35-5-111 governs surplus. No specific recovery agent licensing requirement. Written agreements required.
• Texas: Texas Property Code Chapter 34 governs excess proceeds. Texas imposes restrictions on contacting property owners in certain timeframes. Written fee agreements required.
• Virginia: VA Code 8.01-490 governs surplus. No specific recovery agent licensing. Consumer Protection Act applies.
• Washington: RCW 61.12 governs surplus funds. Standard contract law applies. No specific recovery agent licensing.

States not listed above may still have applicable regulations. User is responsible for researching all states in which User intends to operate. This summary is current as of the effective date of these terms and may not reflect subsequent legislative changes.

23.3 Fee Limitations and Disclosure

User agrees to:

• Never charge a fee exceeding the maximum percentage permitted by the applicable state statute;
• Clearly disclose all fees, costs, and charges in writing to the client before any agreement is signed;
• Provide clients with a written agreement that includes the total fee or fee percentage, the scope of services, and a description of the recovery process;
• Not collect any fee until the surplus funds have been disbursed or the recovery is complete, unless expressly permitted by applicable state law;
• Not require any upfront payment from clients for recovery services;
• Maintain copies of all client agreements for a minimum of seven (7) years.

23.4 Contact Restrictions and Waiting Periods

Some states impose mandatory waiting periods between the date of foreclosure and the date on which a recovery agent may contact the former property owner. User agrees to comply with all applicable waiting periods. Where no state statute specifies a waiting period, Provider recommends waiting a minimum of thirty (30) days after the foreclosure sale before initiating contact.

All communications with prospective clients must be truthful, non-deceptive, and in compliance with all applicable federal and state consumer protection laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. Section 45) and state analogs.

24. Ethical and Professional Conduct

User agrees to conduct all business activities in an ethical, professional, and lawful manner. Specifically, User agrees to:

• Never misrepresent themselves as an attorney, government official, court officer, or employee of any government agency;
• Never use deceptive, misleading, or high-pressure tactics to obtain client agreements;
• Always clearly identify themselves as a private recovery agent when communicating with prospective clients;
• Never guarantee specific recovery amounts or timelines to prospective or current clients;
• Treat all clients, prospective clients, and third parties with dignity and respect;
• Never engage in any form of discrimination based on race, color, national origin, religion, sex, familial status, disability, age, sexual orientation, gender identity, or any other protected class under federal, state, or local law;
• Comply with all applicable fair housing laws, equal opportunity laws, and anti-discrimination statutes;
• Never knowingly file a fraudulent, false, or misleading claim with any government agency, court, or financial institution;
• Report any suspected fraud, abuse, or misconduct to Provider immediately;
• Not engage in the unauthorized practice of law, which includes giving legal advice, drafting legal documents not provided by Provider, or appearing as legal counsel in any proceeding.

25. Client Fund Handling and Fiduciary Duties

When User receives, handles, or has custody of any funds belonging to or intended for a client, User agrees to:

• Deposit all client funds into a separate, dedicated bank account that is not commingled with User's personal or business operating funds;
• Disburse client funds within five (5) business days of receipt, unless otherwise required by applicable state law or the terms of the client agreement;
• Maintain accurate, detailed records of all client funds received, held, and disbursed;
• Provide the client with a written accounting of all funds received, fees deducted, and amounts disbursed upon completion of the recovery;
• Never use client funds for any purpose other than as directed by the client agreement;
• Comply with all applicable state laws governing the handling of funds held for the benefit of others, including any trust account or escrow requirements.

26. Confidentiality and Data Protection

26.1 Confidential Information

User acknowledges that, through participation in Provider's programs, User may receive or have access to confidential and proprietary information, including but not limited to: business strategies, training materials, client lists, lead data, pricing structures, software systems, automation workflows, marketing strategies, vendor relationships, and trade secrets (collectively, "Confidential Information").

User agrees to:

• Hold all Confidential Information in strict confidence;
• Not disclose Confidential Information to any third party without Provider's prior written consent;
• Use Confidential Information solely for the purpose of operating User's recovery business as contemplated by this Agreement;
• Return or destroy all Confidential Information upon termination of this Agreement;
• This confidentiality obligation survives termination of this Agreement indefinitely.

26.2 Client Data and Privacy

User acknowledges that recovery activities involve the collection, processing, and storage of sensitive personal information belonging to clients and prospective clients, including but not limited to: names, addresses, Social Security numbers, property records, financial information, and court records.

User agrees to:

• Comply with all applicable federal, state, and local privacy and data protection laws, including but not limited to:
  • The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA);
  • The Virginia Consumer Data Protection Act (VCDPA);
  • The Colorado Privacy Act (CPA);
  • The Connecticut Data Privacy Act (CTDPA);
  • The Utah Consumer Privacy Act (UCPA);
  • The Texas Data Privacy and Security Act (TDPSA);
  • The Oregon Consumer Privacy Act (OCPA);
  • The Montana Consumer Data Privacy Act (MCDPA);
  • The Illinois Personal Information Protection Act (PIPA);
  • Any other state or federal privacy law enacted after the effective date of this Agreement;
• Implement reasonable administrative, technical, and physical safeguards to protect client data from unauthorized access, disclosure, alteration, or destruction;
• Notify Provider within twenty-four (24) hours of discovering any data breach or unauthorized access to client information;
• Not sell, rent, or trade client personal information to any third party;
• Properly dispose of client data when it is no longer needed for the purpose for which it was collected.

27. Telephone and Electronic Communications Compliance

27.1 Telephone Consumer Protection Act (TCPA)

User agrees to comply with the Telephone Consumer Protection Act (47 U.S.C. Section 227) and all implementing regulations by the Federal Communications Commission (FCC), including but not limited to:

• Obtaining prior express written consent before making any auto-dialed or pre-recorded calls or text messages to any telephone number;
• Maintaining an internal do-not-call list and honoring all do-not-call requests within thirty (30) days;
• Complying with the National Do Not Call Registry;
• Identifying the caller by name and providing contact information at the beginning of each call;
• Not making telemarketing calls before 8:00 AM or after 9:00 PM in the recipient's local time zone;
• Maintaining records of consent for a minimum of five (5) years.

User acknowledges that violations of the TCPA may result in statutory damages of $500 to $1,500 per violation and that User shall be solely responsible for any TCPA liability arising from User's communications.

27.2 CAN-SPAM Act Compliance

User agrees to comply with the CAN-SPAM Act (15 U.S.C. Section 7701 et seq.) for all commercial email communications, including:

• Using accurate header information and subject lines;
• Identifying each message as an advertisement where required;
• Including a valid physical postal address in every commercial email;
• Providing a clear and conspicuous opt-out mechanism;
• Honoring opt-out requests within ten (10) business days;
• Not using deceptive subject lines or misleading header information.

27.3 Ringless Voicemail and SMS

User acknowledges that the legal status of ringless voicemail (RVM) technology varies by jurisdiction and may be subject to TCPA regulation. User agrees to obtain proper consent before utilizing any RVM, SMS, or automated communication technology. User assumes all risk and liability for User's use of these technologies.

28. FTC Compliance and Advertising Standards

User agrees to comply with all Federal Trade Commission (FTC) regulations, guidelines, and enforcement precedents, including:

• The FTC Act prohibition on unfair or deceptive acts or practices (15 U.S.C. Section 45);
• The FTC Endorsement Guides (16 C.F.R. Part 255) for any testimonials or endorsements used in marketing;
• The FTC Business Opportunity Rule (16 C.F.R. Part 437) to the extent applicable;
• All income claims, earnings representations, and success stories must be truthful, substantiated, and include appropriate disclaimers;
• User must not make any guarantees of income, earnings, or financial results in any advertising, marketing, or communications with prospective clients or sub-agents;
• All marketing materials used by User that were not provided by Provider must be submitted to Provider for review and approval before use.

29. Insurance and Bonding

Provider strongly recommends that User obtain the following insurance coverage before commencing recovery activities:

• Errors and Omissions (E&O) Insurance: To protect against claims of professional negligence, misrepresentation, or failure to perform;
• General Liability Insurance: To protect against claims of bodily injury or property damage arising from business activities;
• Cyber Liability Insurance: To protect against data breach, privacy violations, and cybersecurity incidents;
• Surety Bond: Where required by state law for recovery agents or where recommended by Provider.

Some states require recovery agents to maintain a surety bond or specific insurance coverage as a condition of operating. User is responsible for determining and obtaining any insurance or bonding required by applicable law. Provider shall not be liable for any loss, claim, or damage arising from User's failure to maintain adequate insurance coverage.

30. Non-Competition and Non-Solicitation

30.1 Non-Solicitation

During the term of this Agreement and for a period of twelve (12) months following termination, User agrees not to:

• Directly or indirectly solicit, recruit, or hire any employee, independent contractor, or agent of Provider;
• Encourage any other User or agent of Provider to terminate their relationship with Provider;
• Interfere with Provider's relationships with its vendors, suppliers, or business partners.

30.2 Non-Circumvention

User agrees not to circumvent, avoid, bypass, or obviate Provider, directly or indirectly, to avoid payment of commissions, fees, or other obligations owed to Provider under this Agreement. User specifically agrees not to use information or contacts obtained through Provider's program to conduct surplus funds recovery business outside the scope of this Agreement without Provider's written consent.

31. Sub-Agent Provisions (Owner Operator Program Only)

Owner Operator Program Users who recruit and manage sub-agents acknowledge and agree to the following:

• User is solely responsible for ensuring that all sub-agents comply with these Terms of Service, all applicable laws, and all ethical standards;
• User must execute a written agreement with each sub-agent that contains provisions substantially similar to those contained in this Agreement;
• User is liable for the acts and omissions of User's sub-agents to the extent permitted by applicable law;
• User must provide adequate training, supervision, and oversight of all sub-agents;
• User must not make any income guarantees or misleading representations to sub-agents;
• User must accurately report all sub-agent commission payments and issue appropriate tax forms (1099-NEC) as required by federal and state law;
• Provider reserves the right to terminate any sub-agent who violates these Terms or applicable law, regardless of User's consent.

32. Intellectual Property and White-Label License

32.1 Provider's Intellectual Property

All content, materials, software, trademarks, logos, training programs, legal document templates, marketing materials, automation systems, website designs, and other intellectual property provided by Provider remain the sole and exclusive property of Provider, its licensors, or their respective owners.

32.2 White-Label License (Owner Operator Only)

Provider grants Owner Operator Program Users a limited, non-exclusive, non-transferable, revocable license to use Provider's white-label website template and associated materials under User's own brand name, subject to the following conditions:

• The license is valid only during the term of this Agreement;
• User may not sublicense, sell, or transfer the white-label website or any associated materials to any third party;
• User must not modify the underlying code, structure, or functionality of the white-label website without Provider's written consent;
• User must not remove or alter any copyright notices, attribution statements, or proprietary markings embedded in the website or materials;
• Upon termination of this Agreement, User must cease all use of the white-label website and associated materials within thirty (30) days;
• Provider reserves the right to revoke this license at any time for cause, including but not limited to violation of these Terms.

32.3 Legal Document Templates

The legal document templates included in Provider's programs are proprietary works created for use in surplus funds recovery operations. User is granted a limited license to use these templates solely for the purpose of conducting recovery business. User acknowledges that these templates do not constitute legal advice and that User should consult with a licensed attorney before using any document in a jurisdiction where User has not verified its applicability.

33. Record Keeping and Reporting

User agrees to maintain complete and accurate records of all business activities, including but not limited to:

• All client agreements, correspondence, and communications;
• All claims filed, pending, completed, and denied;
• All funds received, held, and disbursed on behalf of clients;
• All fee agreements and commission payments;
• All marketing and advertising materials used;
• All sub-agent agreements and payments (Owner Operator Program);
• All tax-related documents and filings.

Records must be maintained for a minimum of seven (7) years from the date of creation or the date of the last action related to the record, whichever is later. Provider reserves the right to audit User's records upon thirty (30) days written notice to verify compliance with this Agreement.

34. Tax Obligations

User is solely responsible for all tax obligations arising from User's participation in Provider's programs and User's recovery business activities, including but not limited to:

• Federal income tax;
• State and local income tax;
• Self-employment tax (Social Security and Medicare);
• Estimated quarterly tax payments;
• Sales and use tax, where applicable;
• Business privilege tax, gross receipts tax, or franchise tax, as applicable in User's state;
• Any other tax imposed by federal, state, or local authorities.

Provider does not provide tax advice. User should consult with a qualified tax professional regarding User's specific tax obligations. Provider disclaims all liability for any tax penalties, interest, or assessments arising from User's failure to properly report or pay taxes.

35. Dispute Resolution Between User and Clients

Provider is not a party to any agreement between User and User's clients. In the event of a dispute between User and a client:

• User is solely responsible for resolving the dispute in accordance with applicable law;
• User must not involve Provider in any client dispute unless Provider's direct participation is required by law or court order;
• User shall indemnify and hold harmless Provider from any claims, costs, or damages arising from disputes between User and User's clients;
• If a client dispute results in regulatory action, investigation, or litigation that affects Provider or Provider's reputation, Provider reserves the right to immediately terminate User's account and this Agreement.

36. Anti-Money Laundering (AML) Compliance

User acknowledges that surplus funds recovery activities may implicate federal and state anti-money laundering laws, including the Bank Secrecy Act (31 U.S.C. Section 5311 et seq.) and the USA PATRIOT Act. User agrees to:

• Verify the identity of all clients before entering into any recovery agreement (Know Your Customer / KYC procedures);
• Not knowingly assist any person in laundering money, hiding assets, or evading tax obligations;
• Report any suspicious activity to the appropriate authorities as required by law;
• Maintain records sufficient to demonstrate compliance with AML obligations;
• Not process, handle, or accept funds from any person or entity on the Specially Designated Nationals (SDN) list maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

37. Probate, Heir, and Estate Considerations

User acknowledges that many surplus funds claims involve deceased former property owners, multiple heirs, disputed estates, or properties subject to probate proceedings. User agrees to:

• Not represent themselves as qualified to provide legal advice regarding probate, estate, or inheritance matters;
• Refer clients to a licensed attorney when a claim involves contested estates, unknown heirs, or complex probate issues;
• Verify the legal standing of any person claiming entitlement to surplus funds before filing a claim on their behalf;
• Not file claims on behalf of individuals who lack legal authority to receive the funds;
• Exercise due diligence in identifying all potential claimants and heirs to avoid disputes and liability;
• Maintain detailed records of all heir identification, verification, and communication activities.

38. Lead Generation and Owner Operator Self-Sourcing

38.1 Provider-Delivered Leads

Provider delivers verified leads to Users as described in Section 2.5. Provider makes commercially reasonable efforts to deliver the stated volume of leads. Lead volume and quality may vary based on market conditions, geographic area, and seasonal factors. Provider does not guarantee that any individual lead will result in a closed deal, and not all leads will be viable recovery opportunities.

38.2 Self-Sourced Leads (Owner Operator Program)

Owner Operator Program Users are trained in and encouraged to develop their own lead generation capabilities, including but not limited to:

• Researching state court records and public filings to identify surplus funds cases;
• Building direct mail, email, and outbound calling campaigns;
• Developing referral networks with attorneys, real estate professionals, and community organizations;
• Using the automation systems provided by Provider to scale outreach efforts;
• Operating independent marketing campaigns under User's own brand.

User retains 100% of the recovery fee on self-sourced leads (Owner Operator Program) or splits the fee per the Partnership Program commission structure, as applicable.

39. Bankruptcy and Insolvency

If User files for bankruptcy, makes an assignment for the benefit of creditors, or becomes the subject of any insolvency proceeding, Provider reserves the right to immediately terminate this Agreement and User's access to all Provider services, materials, and systems. Any outstanding obligations owed by User to Provider shall survive termination and remain enforceable to the extent permitted by applicable bankruptcy law.

40. Compliance with Court Orders and Legal Process

User agrees to comply with all court orders, subpoenas, and other legal process related to User's recovery business activities. User must immediately notify Provider of any court order, subpoena, regulatory inquiry, or legal proceeding that relates to or may affect Provider, Provider's services, or Provider's other Users.

41. Representations and Warranties by User

User represents and warrants that:

• User is at least eighteen (18) years of age and has the legal capacity to enter into this Agreement;
• All information provided by User to Provider during enrollment and throughout the term of this Agreement is truthful, accurate, and complete;
• User has not been convicted of any felony or crime involving fraud, dishonesty, or financial misconduct;
• User is not currently the subject of any regulatory investigation, enforcement action, or legal proceeding that would impair User's ability to perform under this Agreement;
• User has not been previously debarred, suspended, or declared ineligible to participate in any government program;
• User will comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of User's recovery business activities.

42. Suspension and Termination by Provider

In addition to the termination provisions in Section 2, Provider reserves the right to immediately suspend or terminate User's account and access to all services, without refund, if Provider determines in its sole discretion that:

• User has violated any provision of this Agreement;
• User has engaged in any illegal, fraudulent, or unethical conduct;
• User's actions have caused or may cause harm to Provider, Provider's reputation, or other Users;
• User has received a complaint from a client, regulatory body, or law enforcement agency;
• User has mishandled client funds;
• User has made false or misleading income claims or representations;
• User has engaged in unauthorized practice of law;
• User has violated any applicable TCPA, CAN-SPAM, or consumer protection law;
• User has filed for bankruptcy or become insolvent.

Provider will make reasonable efforts to notify User of suspension or termination, but reserves the right to act without prior notice in cases involving fraud, legal violations, or imminent harm.

43. Effects of Termination

Upon termination of this Agreement for any reason:

• User must immediately cease all use of Provider's name, trademarks, logos, materials, and systems;
• User must return or destroy all Confidential Information in User's possession;
• Owner Operator Program Users must cease use of the white-label website within thirty (30) days;
• All outstanding payment obligations remain due and payable;
• User's obligation to complete any pending client recovery matters survives termination -- User must either complete the recovery or arrange for another qualified agent to assume the case with the client's written consent;
• Sections 4 (Indemnity), 15 (Limitation of Liability), 22 (Independent Contractor), 25 (Client Fund Handling), 26 (Confidentiality), 30 (Non-Solicitation), and 36 (AML Compliance) survive termination indefinitely.

44. Entire Agreement

This Agreement, together with the Earnings Disclaimer, Privacy Policy, and any program-specific addenda, constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof. No modification or amendment of this Agreement shall be binding unless in writing and signed by both Parties.

45. Waiver

The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce that provision or any other provision in the future. Any waiver must be in writing and signed by the waiving Party to be effective.

46. Headings

The headings used in this Agreement are for convenience only and shall not affect the interpretation of any provision.

47. Electronic Signatures and Records

The Parties agree that this Agreement and any related documents may be executed electronically and that electronic signatures shall have the same legal force and effect as original signatures, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. Section 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in the applicable state.

48. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. To the extent that any dispute is not subject to the arbitration provisions in Section 13, the Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Sheridan County, Wyoming.

49. Acknowledgment of Risk

User acknowledges that they have had the opportunity to review this Agreement, seek independent legal counsel, and ask questions before agreeing to these Terms. User's agreement to these Terms is voluntary and informed.

By using our Services, you acknowledge that you have read, understood, and agree to these Terms in their entirety, including all 49 sections and subsections contained herein.

← Back to Home