Conditions of Service
SafeFind.org ("Web Site") is operated by Fyxujony LLC 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, SafeFind.org provides a proprietary searchable database (the "National Database") of unclaimed properties. NAUPA receives a quarterly royalty payment from Fyxujony LLC 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."
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 Fyxujony LLC consistent with its agreements with NAUPA and the Participants.
Input Methods For Query
User input of search information (the user's "Query") including data to be compared against the contents of the database should be used to conduct searches of the National Database (s). Except for users who must use another form of data input owing to a physical impairment, and Subscribers, the sole authorized method of Query input is manual keyboard entry of the Query at the Web Site by the User. Under no circumstances may any User use robots, spiders, bots, agents, or any other software or application designed to perform multiple or repeated searches of the Web Site database(s) by avoiding the need for manual entry at the appropriate Web Site screen of the Query when formulating Queries or conducting other searches on this Web Site.
You may become a "Subscriber" only through registration with Fyxujony LLC and upon execution of a Subscription Agreement made by and between you and Fyxujony LLC. 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.
Accessibility and Availability
Fyxujony LLC offers no promises about the Web Site's or Services' availability. Furthermore, Fyxujony LLC maintains the right, in its sole discretion, to terminate the Web Site or Services and/or amend the Web Site's contents or terms of service as it deems proper. You agree that Fyxujony LLC will not be responsible to you if the Web Site or Services are discontinued or modified. Fyxujony LLC has the right to terminate your access to the Web Site, the Services, and the Database at any time for any reason.
Linking (To & From) The Web Site Advertisers
Fyxujony LLC may provide connections to other World Wide Web sites or resources through the Web Site. Because Fyxujony LLC has no control over the content of other websites, User acknowledges and agrees that Fyxujony LLC is not responsible for, and makes no representations or warranties regarding: (1) the availability of other websites or resources; (2) the accuracy or completeness of any content available at or through other websites. As a result, User agrees that Fyxujony LLC is not 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 the use of or reliance on the content of such other websites.
Links To SafeFind.org From Other Sites
Unless otherwise authorized in writing by Fyxujony LLC, 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 SafeFind.org web pages other than the SafeFind.org home page). Such links are expressly prohibited. Furthermore, no User or third-party may link to the SafeFind.org home page: (1) as a part of or in relation to any commercial web site, without the express written consent of Fyxujony LLC; 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 SafeFind.org and/or as to the existence or lack thereof of some affiliation or other relationship between SafeFind.org and the third-party and/or its web site.
Prohibition Against Harmful Transmissions
You agree not to send any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) to the Web Site or to any other User 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.
Fyxujony LLC, its underlying service providers, information providers, licensees, employees, officers, directors, assignees, or agents, including but not limited to NAUPA and participants, do not (a) guarantee 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 provided "as is," with no explicit or implied warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a specific purpose, or noninfringement, which are all expressly disclaimed. Neither Fyxujony LLC 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 be liable for any incidental, consequential, indirect, or special damages incurred by you or any other party as a result of the operation or malfunction of the web site-related services, whether or not such parties have been advised of the possibility of such damages. Finally, you acknowledge that the raw data that eventually makes up the web site databases is gathered from participants and other third-parties, and that as a result, neither Fyxujony LLC 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 Fyxujony LLC nor NAUPA nor participants shall have liability for unauthorized third-party (an entity other than Fyxujony LLC 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. Fyxujony LLC shall have no liability with respect to Fyxujony LLC offerings under this agreement or in relation in any way to the web site for consequential, exemplary, special, incidental, or punitive damages even if Fyxujony LLC has been advised of the possibility of such damages. In any event, the liability of Fyxujony LLC 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 promise to indemnify, defend, and hold Fyxujony LLC and NAUPA, as well as its directors, officers, employees, assignees, and agents, harmless from any claim, demand, cause of action, debt, or responsibility, and to defend any action made against them, including reasonable attorneys' fees. Fees, to the extent that the action is based on a claim that: if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; and/or arises out of your negligence, willful misconduct, or other breach of this Agreement; and/or arises out of your posting or submission for posting on the Web Site of any content or information; and/or arises out of your use of the Web Site, the Services, or the Database; and/or arises out of You agree to fully participate in any defense of such a claim. Fyxujony LLC retains the right to assume exclusive control of any such claim's defense.
If any of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained in this Agreement are found to be invalid, this Agreement will be read as if the defective portion had not been introduced. If any invalid language is stricken under this paragraph, the stricken phrase must be broken down into the lowest unit practicable such that the severance results in a legitimate 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 makes forth and comprises the complete agreement between you and Fyxujony LLC regarding the subjects set forth herein. Other than what is stated above, there are no guarantees, terms, conditions, or responsibilities. This Agreement replaces all prior oral or written communications, statements, or agreements between and among the parties.
Choice Of Law
This Agreement, as well as any disputes arising out of, pertaining to, or about the Agreement and/or the subject matter hereof, shall be construed and controlled by Virginia law. Acceptance Of Personal Jurisdiction And Venue Selection Any action at law, suit in equity, or other judicial procedure arising out of, pertaining to, or affecting in any way this Agreement or its subject matter must, if at all, be brought or initiated exclusively in the Commonwealth of Virginia. You recognize that the designated court has personal jurisdiction over you in any such action, and you waive and release any defense you may have to such assertion of jurisdiction now and forever.
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. Fyxujony LLC Marks The following trademarks and service marks, along with other Fyxujony LLC logos and product and service names are trademarks of Fyxujony LLC (collectively the "Fyxujony LLC Marks"). You agree not to display or use in any manner, the Fyxujony LLC Marks without Fyxujony LLC's prior written permission.
Please direct all inquiries and other communications relating to the Web Site and/or the Services to: support@SafeFind.org.
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, Fyxujony LLC 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 Fyxujony LLC believes may result in legal liability for you, for Fyxujony LLC, for NAUPA, for any Participant or for other Web Site users.
Right to Change Agreement
Fyxujony LLC 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 Fyxujony LLC can modify the terms and conditions of this Agreement.
Fyxujony LLC has the right to terminate this Agreement at any time and withdraw your access to the Web Site, Services, and Database without prior notice for any reason.
Prerequisite To Use
You are not permitted to access or use the website if you do not agree to the conditions stated above. You must instantly leave the website.
Otherwise, have a good time with SafeFind.org.
Last Material Change: 23.09.2021