Terms of Use & Legal Protocols

Last Updated: November 25, 2025

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE FITZGERALD ADVISORS PLATFORM.

1. Acceptance of Terms

Welcome to Fitzgerald Advisors (the "Website"). The Website is operated by Fitzgerald Debt Exchange, LLC (collectively "Fitzgerald Advisors," "Company," "we," "us," or "our").

By accessing, browsing, or utilizing our services, including the "Debt Catalyst™" valuation engine, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you and Fitzgerald Advisors regarding your use of the Website and the services provided therein.

If you do not agree to these Terms, you are strictly prohibited from accessing the Website and must discontinue use immediately.

2. Nature of Services: Advisory & Venue Only

Fitzgerald Advisors operates as a specialized B2B information portal and private treaty venue for the valuation and divestiture of financial assets. It is explicitly understood that:

We Are Not a Bank or Fiduciary: We act solely as an intermediary and advisor. We do not hold funds on behalf of users, nor do we act as a fiduciary for any buyer or seller unless explicitly established in a separate, written Retainer Agreement.
No Guaranteed Sales: Listing a portfolio or requesting a valuation does not guarantee a sale or a specific price.
Sophisticated Users Only: The services are intended solely for "Accredited Investors," "Qualified Institutional Buyers," and commercial entities capable of evaluating the risks of distressed debt investing. This site is not for consumer use.

3. The "Debt Catalyst™" & Valuation Disclaimer

Our proprietary "Debt Catalyst™" analysis and any "Pre-Market Prices" provided are for informational and strategic planning purposes only.

These valuations do not constitute:

A certified appraisal under USPAP standards.
Legal, tax, or accounting advice.
A guarantee of future performance or collectability of any asset.

You acknowledge that the value of distressed debt, mortgage notes, and MCA portfolios is highly speculative and subject to market volatility. You agree to conduct your own independent due diligence before executing any transaction.

4. User Covenants & Data Integrity

When using the Website or submitting data for analysis, you covenant and represent that:

Authority: You are the legal owner of the assets being valued or sold, or you have express written authority from the owner to market them.
Accuracy: All data provided regarding portfolio stratification, payment history, and chain of title is true, accurate, and complete.
Compliance: You are in full compliance with all applicable laws, including but not limited to the FDCPA, FCRA, GLBA, and relevant state licensing requirements for debt buying/selling.

5. Intellectual Property Rights

The Website, including its code, design, "Fitzgerald Advisors" branding, "The Debt Catalyst" methodology, and all proprietary content (collectively, the "IP"), is the sole property of Fitzgerald Debt Exchange, LLC. You are granted a limited, non-exclusive, non-transferable license to access the Website for its intended business purpose. Any data mining, scraping, or reverse engineering of our valuation models is strictly prohibited.

6. Disclaimers of Warranties

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FITZGERALD ADVISORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE INFORMATION PROVIDED BY SELLERS OR THIRD PARTIES IS ACCURATE, COMPLETE, OR RELIABLE. WE DO NOT GUARANTEE THE COLLECTABILITY OF ANY DEBT SOLD THROUGH OUR ADVISORY SERVICES.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FITZGERALD DEBT EXCHANGE, LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Fitzgerald Advisors and its affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

Your use of and access to the Website;
Your violation of any term of these Terms of Use;
Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
Any claim that your portfolio data caused damage to a third party (e.g., selling debt with broken chain-of-title).

9. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of FLorida, without respect to its conflict of laws principles. Any dispute arising under this Agreement shall be resolved exclusively through binding arbitration in Boyton Beach, strictly on an individual basis (Class Action Waiver).

10. Contact Information

For legal inquiries regarding these Terms, please contact us at:

Fitzgerald Debt Exchange, LLC
Email: compliance@fitzgeraldadvisors.com