Terms of Service
MissingMoney.com (“Web Site”) is operated by Avenu Insights & Analytics (Avenu) pursuant to an agreement with the National Association of Unclaimed Property Administrators (NAUPA) and the participation of states, territories and provinces (“Participants”). 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.
At the behest of NAUPA and with the cooperation of the respective Participants, MissingMoney.com provides a proprietary searchable database (the "National Database") of unclaimed properties. NAUPA receives a quarterly royalty payment from Avenu for the exclusive use of its endorsement, name and logo on the National Database. This Database is searchable by members of the general public at no charge and integrates unclaimed property information from the various Participants. 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
Search Results Not to be Sold or Resold
This Web Site is intended only for private use by the general public, their authorized agents, Participants and authorized Subscribers. No person or entity intending to sell or resell data acquired from the National Database may use or access this Web Site for such purpose. By accessing the Web Site you agree not to exploit for sale or resale any portion of the Web Site or the Services except as may be expressly allowed herein or in writing by Avenu consistent with its agreements with NAUPA and the Participants.
Means Of Query Input
Searches of the National Database shall be 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 employ some other form of data input due to a physical disability, and by Subscribers. 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.
You may become a "Subscriber" only through registration with Avenu and upon execution of a Subscription Agreement made by and between you and Avenu. Subscribers may not sell or resell information acquired from the Web Site. Subscribers must warrant and represent that all Subscription information provided is true, complete, and accurate at the time provided, and that you will update the information from time to time as it may change.
Availability and Access
Avenu makes no guarantees regarding the availability of the Web Site or the Services. Furthermore, Avenu 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 Avenu will not be liable to you for any such discontinuance or modification of the Web Site or Services. Your access to the Web Site, the Services and the Database is at the sole discretion of Avenu and may be discontinued at any time for any reason.
Linking (To & From) The Web Site Advertisers
Avenu may provide via the Web Site, links to other World Wide Web sites or resources. Because Avenu has no control over the content of other websites, User acknowledges and agrees that Avenu 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 Avenu shall not be responsible or liable in any way, 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.
Links To MissingMoney.com From Other Sites
Unless otherwise authorized in writing by Avenu, 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 Avenu; 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.
- Linked-To Sites
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.
NEITHER AVENU NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS, INCLUDING BUT NOT LIMITED TO NAUPA AND PARTICIPANTS, (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 AVENU NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS, INCLUDING BUT NOT LIMITED TO NAUPA AND PARTICIPANTS, 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 PARTICIPANTS AND OTHER THIRD-PARTIES AND ACCORDINGLY THAT NEITHER AVENU NOR NAUPA CAN BE HELD LIABLE TO YOU OR ANY OTHER THIRD-PARTY IN RELATION TO ERRORS OR OMISSIONS APPEARING IN THE DATABASE CONTENTS.
Limitation Of Liability
NEITHER AVENU NOR NAUPA NOR PARTICIPANTS SHALL HAVE LIABILITY FOR UNAUTHORIZED THIRD-PARTY (AN ENTITY OTHER THAN AVENU OR ITS AUTHORIZED SERVICE PROVIDERS) ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE (INCLUDING USER DATA AND SUBSCRIPTION FILES AND INFORMATION) THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. AVENU SHALL HAVE NO LIABILITY WITH RESPECT TO AVENUE'S OFFERINGS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AVENU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF AVENU AND/OR NAUPA AND/OR PARTICIPANT 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.
You agree to indemnify, defend, and hold harmless Avenu 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. Avenu reserves the right to take exclusive control over the defense of any such claim.
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.).
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and Avenu. 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.
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 Commonwealth of Virginia.
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 Commonwealth of Virginia. 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.
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.
The following trademarks and service marks, along with other Avenu logos and product and service names are trademarks of Avenu (collectively the "Avenu Marks"). You agree not to display or use in any manner, the Avenu Marks without Avenu's prior written permission.
The Great American GivebackSM
Please direct all inquiries and other communications relating to the Web Site and/or the Services to: firstname.lastname@example.org
Avenu Insights & Analytics
100 Hancock Street, 10th Floor
Quincy, MA 02171
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, Avenu 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 Avenu believes may result in legal liability for you, for Avenu, for NAUPA, for any Participant or for other Web Site users.
Right to Change Agreement
Avenu 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 Avenu can modify the terms and conditions of this Agreement.
Avenu 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: April 19, 2019