Terms of Use

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Welcome to www.recover-aid.org (the "Website"), owned and operated by B & G Management, Inc. ("We" or "Us" or equivalent pronouns). Upon use of the Website for any purpose, including but not limited to viewing the content on the Website, these terms of use (the "Terms of Use") constitute a contract by and between the person or entity browsing this Website ("You" or equivalent pronouns) and Us. Your use of the Website constitutes an agreement to these Terms of Use, Our Privacy Policy and Our Acceptable Use Policy. We do not consent to Your use of the Website unless You have agreed to these Terms of Use, therefore if You do not agree to these Terms of Use, immediately cease any and all use of the Website and make no use of any kind of the Website or any Information (defined below) on the Website in the future. You do not have permission to access this Website unless You agree to these Terms of Use, and You conform Your conduct to the terms and conditions herein.

**Introduction.** Please read the following carefully before using this Website. By accessing this Website, You acknowledge, represent, warrant and covenant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Website and use Information made available on the Website solely for Your own personal use, as more fully described below. You further covenant to comply with all applicable international, country, federal and state laws, rules and regulations with respect to Your use of the Website.

**Overview.** We provide the advocacy of claiming Your (“You” or collectively, “Yours”) funds from an agency (each an “Agency” or collectively, “Agencies”). This service, unless specifically noted on a particular Website page, is a lead generation service. We do not collect fees or other amounts from You for the service We provide in connecting You with the agency, however, We are paid a commission from the proceeds collected from the issuing agency. We may provide You with an ability to comment to review, provide testimonials or ratings. We reserve the right to remove or edit reviews, testimonials, ratings, responses or comments if in our opinion such testimonials, ratings, responses or comments violate our acceptable use policies, violate applicable law, or for any other reason We deem appropriate. We may act as Your agent and hence no statements we may make about You to an agency, or that we may make about an Agency to You, may be used by You (or an Advocator) as a statement of the other party. No statement on the Website is an offer of any kind, and all such statements shall be and are merely solicitations for offers or for additional contact and negotiation. 

**Licensing.** We may be licensed to provide some of the services we offer on this Website, please see our Licenses and Disclosures Section for those services. 

**THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE AND/OR FEDERAL LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.**

**THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY**

**“Pre-approvals” or other type statements of Advocator.** If an Advocator has provided a pre-approval program, such program is subject to all verification rights that You meet all of the criteria or conditions of such pre-approval. The Advocator will be the sole determinant of whether You have met such conditions. On occasion, information on the Website about an Advocator’s pre-approval program may be incorrect or outdated. Regardless of the information on the Website, each Advocator’s pre-approval plan and conditions shall be determined solely and exclusively by such Advocator’s actual plan that it communicates directly with You. 

**No guaranty of a claim.** If the Website matches You with one or more Advocators, there is no guaranty that you will be able to realize a claim. We do not guaranty that You will find an Advocator and conclude a claim of funds. 

**Communications from Advocators.** By submitting Your information You expressly agree to allow Advocators to communicate with You through whatever means they may employ, including but not limited to email, text, phone and mail. You may revoke these permissions using the Website. We will also comply with applicable law, such as the CANSPAM Act. Please note that you may receive calls from Advocators or Us even though your name is on a do-not-call list, and You may be liable for additional charges by telephone and internet providers relating to data / text usage charges.

**Notice.** We may change these Terms of Use and/or Our Privacy Policy at any time by posting revisions to Our Website. Your use and continued usage after such changes are posted constitutes acceptance of each of the revised Terms of Use and/or Privacy Policy. We encourage You to familiarize yourself with both policies. Our Website Privacy Policy may be found at a link for "Privacy Policy" or equivalent on the Website. 

**__INFORMATION WE PROVIDE IS NOT LEGAL, ESTATE & TRUSTS, INSURANCE OR TAX ADVICE.__** IN PROVIDING INFORMATION AND MATERIALS ON THE WEBSITE, WE ARE NOT RENDERING LEGAL ADVICE, INCLUDING BUT NOT LIMITED TO ESTATES AND TRUSTS, INSURANCE OR TAX ADVICE OR OTHER PROFESSIONAL SERVICES OR ADVICE; AND YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED FOR INFORMATION PURPOSES ONLY, AND IS NOT INTENDED TO BE NOR SHOULD YOU CONSIDER ANY INFORMATION THEREIN AS LEGAL ADVICE. PLEASE CONSULT AN ATTORNEY FOR LEGAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED BY US, OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRIBUTORS OR OTHERS APPEARING ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. THE OWNER OF THIS WEBSITE, AND ITS DIRECTORS, OFFICERS AND EMPLOYEES ARE NOT RESPONSIBLE FOR YOUR USE, OR MISUSE, OF THE INFORMATION PROVIDED ON THE WEBSITE.

**Copyrights and Limited License.** All words, pictures, content, graphs, charts, data and other matters presented or made available on the Website sourced from Us are Our proprietary property and copyrighted "© 2024 recover-aid.org, a subsidiary of B&G Management, Inc. All rights reserved." (the "Information"). We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal purposes only, and You are specifically not authorized to access, and not authorized to use, any Information on the Website, for any business purpose. All other rights are expressly reserved. For the avoidance of doubt, and including by way of example and not limitation, except to the extent necessary to make use of the Website, You are not authorized to use, and You specifically covenant that that You will not use, the Information on the Website to: (i) provide access to the Information to any third person, or to otherwise distribute, make available, transmit or otherwise disseminate the Information to anyone else or to use the Information on the Website; (ii) download any Information on this Website accept as specifically set forth on the Website (testimonials and registration); (iii) sell the Information downloaded (or copied in another form) for money, exchange or other consideration; (iv) redistribute the Information for free to anyone; (v) make any more than one print copy of the Information for Your personal use; (vi) republish the Information; (vii) make any alterations, additions or other modifications to the Information. 

**No License to Trademarks.** All trademarks, service marks, tradenames or other identifying marks displayed on the Website (the "Marks") are owned by Us and/or Our licensors. Except as applicable law may otherwise provide, or except as agreed to in writing by Us, We do not consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.

**Access By Minors. The Website is not intended for minors, rather the Website is intended for adult users. We cannot prohibit minors from visiting this site. We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You can discover** some of the providers of such parental control technology by searching for "parental control software" using a major search engine, or visiting https://www.consumer.ftc.gov/.

**Misuse of the Website.** You violate these Terms of Use and engage in unauthorized use of Our computer systems when You make any use of the Website that is not in conformity to the limitations and permitted uses above, or that violate Our Acceptable Use Policy set out below, which is incorporated by reference.

**Available Remedies.** Unless content on Our Website specifically states that such information has been validated, We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the Website; nor do We review, edit, censor or warrant the quality or accuracy of Information that You may acquire from the Website. You agree not to sue or make any claim of any kind against Us regarding Information posted or available on the Website. When We become aware of any incorrect Information, harmful activities or if We receive any claim from a third party, in Our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Website or any other action We deem appropriate. We are required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive. We are not responsible for (and You agree not to sue Us in respect of) Information. The sole and exclusive remedy for any claim against Us shall be for Us to repair, replace or remove erroneous or illegal Information. 

**Advertisements.** To the extent Information on the Website includes advertising, promotions or other sales related data, We do not investigate the validity of such information or review the advertising for compliance with applicable laws, rules or regulations. We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You. We do not vouch for, review, validate, accept responsibility for or otherwise undertake any liability arising from, third party advertiser statements, products, services or other actions of third parties. 

**Disclaimers as to Information; Limitations of Liability.**

WE AND OUR USERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE. THE WEBSITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT (OR REMOVE) THE INFORMATION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

**Linking; No Framing.** We permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that We have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though the wordmarks may be used if proper credit is provided on the page). Unless We have specifically agreed to do so in writing pursuant to a written agreement signed by Us, We do not consent to "framing" or displaying any of Our Information in connection with, inside of, in relation to, or otherwise as part of, any other website or other information provider. We reserve the right at any time to terminate this consent, and You agree that immediately upon receipt of such notice, You will terminate all links identified by Us to be terminated. 

**Electronic Communications.** You agree to transact business with Us and Advocators using electronic communications, either via web forms on the Website, or via email or text. Electronic communications will be deemed received by You when Your email/text message system reports that any email/text message We or an Advocator sends You, has been received by Your system, regardless of whether You ever actually open or read such email/text. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email, or text. It is Your responsibility to maintain a valid email / text message address, and We may terminate Your access to the Website at any time that We determine You are in violation of these Terms of Use, or fail to maintain a valid email and text message address. 

**Direct Database Access prohibited.** You may not directly access Our database except via the standard browser/graphic user interface, and You may not directly or indirectly (and You covenant not to directly or indirectly) use any robot, script, or other automated tool to access or use the Website, any Information, or any data or the database. You may manually access or copy the database, Information or Website or any part of thereof, except solely and exclusively in accordance with Your license granted above. The above shall not prohibit any act permitted by law, as by, for example, a bona fide search engine that is automatically indexing the Website for its search engine database (as long as the result of a query to such search engine returns a link back to the Website), and the search engine is not re-presenting the Information in a manner that is or would be competitive to the Website, or using the Information to present in a search query response to a user, links to competing websites. 

**User Content Posted on the Website.** 

To the extent We permit submission of User Content to the Website, You are solely responsible for the photos, profiles (including Your name, image, and likeness), data, content, messages, notes, text, information, music, video, images, advertisements, listings, reviews, ratings, and other content that You upload, publish or display on or through the Website, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Website that You did not create or that You do not have permission to post. You understand and agree that We may, but are not obligated to, review the Website and may delete or remove (without notice) any website content or User Content in Our sole discretion, for any reason or no reason, including User Content that in Our sole judgment violates these Terms of Use or the Acceptable Use Policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at Your sole cost and expense for creating backup copies and replacing any User Content You post or store on the Website or provide Us.

When You post User Content to the Website, You authorize and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) make derivative works from and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove Your User Content from the Website at any time. If You choose to remove Your User Content, the license granted above will automatically expire (but not as to any person we may have granted a sublicense, such as a Purchaser), however You acknowledge that We may retain archived copies of Your User Content. 

We do not assert any ownership over Your User Content; rather, as between Us and You, subject to the rights granted to Us in these Terms of Use, You retain full ownership of all of Your User Content and any intellectual property rights or other proprietary rights associated with Your User Content. 

**Copyright Complaints.** We respect the intellectual property rights of others and We prohibit users from uploading, posting or otherwise transmitting on the Website or service any materials that violate another party's intellectual property rights. When We receive proper notification of alleged copyright infringement, We promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If You believe that any material on the Website infringes upon any copyright which You own or control, You may send a written notification of such infringement to Our Designated Agent at B&G Management, Inc.: David Janiczek, located at 2820 Audubon Village Drive, Suite 224, Audubon, Pennsylvania 19403; info@recover-aid.org. 

**Repeat Infringer Policy.** In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, users who are deemed to be repeat infringers. We may also at Our sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

**Termination.** We may terminate and delete any content or information that You have posted on the Website and/or prohibit You from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason, or no reason, at any time in Our sole discretion, with or without notice.

**Submissions.** You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights in, including all intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, all Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

**Indemnity.** You agree to defend, indemnify, and hold harmless Us, Our affiliates, and Our respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to the Website, (ii) Your use of any of Our Information or Our Marks, (iii) Your use of the Website, (iv) Your conduct in connection with the Website or with other users of the Website or with Purchasers, (v) Your breach of the terms of these Terms of Use, the Acceptable Use Policy, or the Privacy Policy, or (vi) Your violation of any applicable international, country, federal or state laws, rules, regulations and orders. 

**Governing Law; Choice of Forum.** These Terms of Use and Your use of the Website shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its conflicts of laws principles. You consent and submit to the sole and exclusive jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or federal courts of the Commonwealth of Pennsylvania.

**ARBITRATION.** Except for any claim by Us that You have violated Our intellectual property rights, or otherwise seeking an injunction or other equitable relief (which You expressly agree may be brought by Us In a state or federal court in the Commonwealth of Pennsylvania to which You expressly consent to such jurisdiction over Your person and venue in such court), all claims or controversies between Us and You, whether arising out of or relating to the use of the Website, to the goods or services provided by Us, or to any acts or omissions for which you may contend We are liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") dated September 15, 2005. The arbitration shall be conducted via electronic means as much as possible, including use of video conferencing and other remote technology; if a live hearing is held, it shall be held at a location convenient to the arbitrator to reduce arbitration fees. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the arbitrator shall be selected randomly by the AAA from its list of approved arbitrators. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US (EXCEPT AS STATED ABOVE RELATING TO EQUITABLE CLAIMS BY US) WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Our goods, facilities and services, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Us, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Montgomery county, Pennsylvania. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees, in the discretion of the arbitrator (or judge if applicable).

Questions or comments regarding these Terms of Use should be directed to Us care of info@recover-aid.org.

**ACCEPTABLE USE POLICY**

ACCEPTABLE USE OF WEBSITE. You agree as follows in respect of the acceptable and unacceptable uses of the Website (as defined in the Terms of Use). You will not and agree not to:

a. use or attempt to use the Website for any illegal, abusive or unethical activities as determined by Us in Our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, violation of a right of publicity, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.

b. send unsolicited bulk electronic mail messages, whether via email or text or other electronic service ("junk mail" or "spam"). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if You assert that Your activities are authorized by applicable law, You shall provide an opinion of reputable counsel establishing a basis upon which Your actions are taken. Malicious or threatening electronic communications is also prohibited. Normally We will assume that You are in compliance with this provision, however, if an upstream provider blacklists Our IP range or mail/text server as a result of activities We trace to You, We will presume that You are in violation of this provision.

c. breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.

d. impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an electronic communication or TCP/IP header, or misrepresent authorization to act on behalf of others or Us. All messages and packets transmitted via the Internet Service should correctly identify the sender and source; You may not alter the attribution of origin in electronic communications messages or postings. 

e. undermine the security or integrity of computing systems or networks or gain unauthorized access or control over Our computers or any other person's computers. 

f. permit another person to use Your resources or the Website to conduct any of the matters You are prohibited from doing. 

g. distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.

h. take any action that would cause Us to violate any terms of an upstream service provider's acceptable use policy or applicable law.

The above list of acceptable and unacceptable uses of the Website is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in Our sole discretion to determine whether any particular conduct is an acceptable use of the Website. In cases where We determine You engaged in conduct that You reasonably believed did not violate this policy in good faith, We will provide You electronic notice of Our determination that such conduct is not an acceptable use, and provided You cease such conduct not later than 24 hours after such notice, You will not be considered to be in breach of these Terms of Use.