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Missing Money Terms of Service
MissingMoney.com Terms of Service
Welcome to MissingMoney.com, a free website. MissingMoney.com and its contents and related services are operated by Xerox State & Local Solutions, Inc. d/b/a Xerox Unclaimed Property Clearinghouse (“UPCH”), a New York corporation.

By accessing and using the Web Site, or otherwise availing yourself of the services and information offered through the Web Site, you the "User" agree to these Terms of Service in effect at the time of each such access or use.


I. OVERVIEW

UPCH is the leading provider of unclaimed property support services to state governments and provinces. The National Association of Unclaimed Property Administrators ("NAUPA") is the trade association of state governmental entities responsible for administering their respective states' unclaimed property programs. At the behest of NAUPA and with the cooperation of the respective states and territories of the United States (collectively, the "States"), UPCH operates this web site, MissingMoney.com (the "Web Site"), as a means of providing via the Internet UPCH's proprietary database (the "National Database"). UPCH is compensating NAUPA in the form of an annual royalty payment, for the exclusive use of their endorsement, name and the logo on the National Database. This Database is searchable by the general public at no charge and integrates unclaimed property information from various states and territories of the United States. The various features and information that a User may access via the Web Site, including formulating and running searches in relation to the National Database and/or other Web Site databases and obtaining information as a result of such searches, are collectively referred to herein as the "Services."

II. TERMS AND CONDITIONS
  1. Web Site Not To Be Used For Commercial Purposes
    This Web Site is intended only for private, non-commercial use by the general public, as well as other third-parties, such as a state or authorized agent of the state / provinces, who from time to time may receive express permission from UPCH pursuant to its agreements with NAUPA and the participating states and provinces. No person or entity who derives, whether directly or indirectly, a commercial or business benefit (including income) by or in relation to the location of unclaimed property for third-parties may use or access this Web Site for such purpose. Persons and entities prohibited from using the Web Site includes but is not limited to "heir finder services," "locator services," private investigators, and other such persons or entities who would seek to use the Web Site to search third-party names with the hope or expectation of receiving a contingency fee, fixed fee, other such payment, and/or other commercial benefit (including goodwill) from or in relation to any third-party in relation to whom unclaimed property or funds were discovered or other such information was revealed. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of the Web Site or the Services except as is expressly allowed herein or by the Web Site instructions, or in writing by UPCH pursuant to its agreement with NAUPA and the participating states and provinces.

  2. Means Of Query Input
    Searches of the National Database and other database(s) made available via the Web Site are carried out by a user's input of search information (the user's "Query") containing data to be compared against the contents of the database(s). The only permissible means of Query input is manual keyboard entry of the Query at the Web Site by the User, except for users who must use some other form of data input due to a physical disability. In formulating Queries or otherwise carrying out searches on this Web Site, under no circumstances may any User utilize robots, spiders, bots, agents, or any other such software or application designed to perform multiple or repeated searches of the Web Site database(s) by circumventing the need for manual entry at the appropriate Web Site screen of the Query.

  3. Membership Information
    You may become a "Member," as explained in the text of the Web Site. You are not, however, authorized to register any person other than yourself as a Member or otherwise enter membership information regarding any person other than yourself. You are allowed, however, to enter Profile information regarding third parties so long as your use and maintenance of such information does not violate these Terms of Service or the legal rights of the third-parties. Furthermore, you also warrant and represent that all Membership information you provide is true, complete, and accurate at the time you provide such information, and that you will update the information from time to time as it may change. You must be over the age of 18 to become a Member.

  4. Accessibility And Availability
    UPCH makes no guarantees regarding the availability of the Web Site or the Services. Furthermore, UPCH reserves the right, within its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit. You agree that UPCH will not be liable to you for any such discontinuance or modification of the Web Site or Services.

    Access to the Web Site, the Services and the Database is password protected. Your provision of the password to any third party constitutes your authorization and consent to that party's access to your Member Profile, information you provide on the Web Site, the Web Site, the Services and the Database and their further transfer of your password to others.

  5. Linking (To & From) The Web Site; Advertisers
    1. Linked-To Sites
      UPCH may provide via the Web Site, links to other World Wide Web sites or resources. Because UPCH has no control over the content of other websites, User acknowledges and agrees that UPCH is not responsible for and in no way guarantees or endorses: (1) the availability of other websites or resources; (2) the accuracy or completeness of any content available at or through the other websites. Accordingly, User acknowledges and agrees that UPCH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any other websites.

    2. Links To MissingMoney.com From Other Sites
      Unless otherwise authorized in writing by UPCH, no User or other third-party is authorized to "deep link" to any web page contained in the Web Site (i.e., no links are permitted under any circumstances from third-party web sites to MissingMoney.com web pages other than the MissingMoney.com home page). Such links are expressly prohibited. Furthermore, no User or third-party may link to the MissingMoney.com home page: (1) as a part of or in relation to any commercial web site, without the express written consent of UPCH; and/or (2) in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party web site as to the true ownership or sponsorship of MissingMoney.com and/or as to the existence or lack thereof of some affiliation or other relationship between MissingMoney.com and the third-party and/or its web site.

  6. Privacy Policy
    The Web Site Privacy Policy shall govern the maintenance and use by UPCH of all User-provided information and is hereby incorporated by reference as a part of this Agreement.

  7. Prohibition Against Harmful Transmissions
    you agree that you will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.

  8. Warranties And Limitation Of Liability
    1. UPCH Warranties
      NEITHER UPCH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS, INCLUDING BUT NOT LIMITED TO NAUPA, (A) WARRANT THAT THE WEB SITE-RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE FUNCTIONS AVAILABLE ON THE WEB SITE WILL MEET THE REQUIREMENTS; OR (B) GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED ON THE WEB SITE OR DATABASE. THE SERVICES ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER UPCH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS, INCLUDING BUT NOT LIMITED TO NAUPA, SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE WEB SITE-RELATED SERVICES, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FINALLY, IN ADDITION TO THE FOREGOING DISCLAIMERS, YOU ACKNOWLEDGE THAT THE RAW DATA THAT ULTIMATELY COMPRISES THE WEB SITE DATABASES IS GATHERED FROM STATES AND OTHER THIRD-PARTIES AND ACCORDINGLY THAT NEITHER UPCH NOR NAUPA CAN BE HELD LIABLE TO YOU OR ANY OTHER THIRD-PARTY IN RELATION TO ERRORS OR OMISSIONS APPEARING IN THE DATABASE CONTENTS.

    2. Limitation Of Liability
      NEITHER UPCH NOR NAUPA SHALL HAVE LIABILITY FOR UNAUTHORIZED THIRD-PARTY (AN ENTITY OTHER THAN UPCH OR ITS AUTHORIZED SERVICE PROVIDERS) ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE (INCLUDING USER DATA AND MEMBERSHIP FILES AND INFORMATION) THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. UPCH SHALL HAVE NO LIABILITY WITH RESPECT TO UPCH'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF UPCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF UPCH AND/OR NAUPA TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF ONE-HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

  9. Indemnification
    You agree to indemnify, defend, and hold harmless UPCH and NAUPA, as well as their directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys. fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; and/or (ii) arises out of your negligence, willful misconduct, or other breach of this Agreement and/or (iii) arises out of your posting or submission for posting on the Web Site any content or information; and/or (iv) arises out of your use of the Web Site, the Services or the Database; and/or (v) arises out of use of the Web Site, Services or Database by others using your password. You shall cooperate fully in any defense of such claim. UPCH reserves the right to take exclusive control over the defense of any such claim.

  10. Severability
    In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

  11. Entire Agreement
    This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and UPCH. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.

  12. Choice Of Law
    This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Massachusetts.

  13. Choice Of Venue And Acknowledgment Of Personal Jurisdiction
    Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the State of Massachusetts. You acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

  14. Waiver
    The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

  15. UPCH Marks The following trademarks and service marks, along with other UPCH logos and product and service names are trademarks of UPCH (collectively the "UPCH Marks"). You agree not to display or use in any manner, the UPCH Marks without UPCH's prior written permission.

    UPCH®
    MissingMoney.comSM
    The Great American GivebackSM
    SecureMatchSM
    MissingMoney.com SecureMatchSM

  16. Contact
    Please direct all inquiries and other communications relating to the Web Site and/or the Services to: mm_support@missingmoney.com
    Unclaimed Property Clearinghouse, UPCH
    Attention: MissingMoney.com
    100 Hancock Street, 10th Floor
    Quincy, MA 02171

  17. Prohibited Conduct
    Use of this Web Site or the corresponding Services for any use or reason other than the intended and permissible uses set forth herein and in the text of the Web Site ("Authorized Uses") is expressly prohibited. Any use or access other than an Authorized Use constitutes violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, UPCH may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Web Site if you: (1) breach this Agreement; (2) provide incorrect member information; and/or (3) take actions that UPCH believes may result in legal liability for you, for UPCH, or for other Web Site users.

  18. Right to Change Agreement
    UPCH reserves the right to change this Agreement at any time. Your continued use of the Web Site after any such change is made constitutes acceptance of and agreement to be bound by the terms of the Agreement as modified. Only UPCH can modify the terms and conditions of this Agreement.

  19. Termination
    UPCH reserves the right to terminate this Agreement at any time for any reason whatsoever and to revoke your access to the Web Site, the Services and the Database without prior notice to you.

    IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE. YOU MUST EXIT THE WEB SITE IMMEDIATELY.

    Otherwise, enjoy MissingMoney.com. Good luck!

    Terms Of Service
    Last Material Revision: August 13, 2013.

The appearance of advertising on MissingMoney.com's website in no way implies endorsement or approval by MissingMoney.com or NAUPA of any advertising claims or of the advertiser, its product, or services.