Streamline estate due diligence with a complete financial profile of the assets and liabilities belonging to the deceased
Why you need a Financial Profile
Executors Are Not Capturing All Assets
Inactive bank accounts must be turned over to the Bank of Canada (BOC) after 10 years of inactivity. Many estates are wrapped up within this time causing accounts to be missed. In 2008, the BOC held $350 million which grew 52% over 5 years to $532 million in 2013. By 2022, the balance with the BOC has ballooned by more than 100% to $1.1 billion.
In addition to balances held by the BOC, Alberta, British Columbia, Quebec, and New Brunswick have their own unclaimed property registries that have grown significantly and now have a collective balance of more than $750 million.
RRSP, Pensions, Life Insurance
There are many financial assets that are not currently captured by the BOC or provincial unclaimed property mandates including pensions, life insurance policies, and stocks. Ontario alone is sitting on $3 billion in unclaimed pensions.
Why Are Assets Missed
Families may feel that they have a complete picture of financial assets but the more than $5 billion (and growing) in unclaimed assets shows that more can be done to capture assets belonging to the estate. Many financial statements are now digital-only making it more difficult to find paper records and documents that were prepared during the estate planning process may be out of date.
Why Are Liabilities Missed
Have you ever changed your gym membership, cell phone plan, or internet provider? Keeping up to date with a current set of liabilities can be challenging.
Not completing thorough due diligence for assets and liabilities can introduce significant legal and financial risk to the executor of the estate from beneficiaries, tax authorities, and creditors.
What is a Financial Profile
We contact over a hundred financial institutions including banks, stock transfer agents, pension providers, life insurance companies, and government unclaimed property registries. We round out the profile with data from an Equifax credit report including other names and addresses the deceased may have gone by, a listing of former employers and a comprehensive view of liabilities including revolving credit, mortgages, installment payments, open loans, and any records of bankruptcy or collections. An initial report is delivered within 1 business day and a final report is sent after 20 business days which includes responses from financial institutions.
Ready for a Free Trial?
Law firms get their first financial profile for free. Contact us at firstname.lastname@example.org to get your coupon code.
© 2023 Escheatify Inc. All rights reserved.
Last updated June 1, 2023
This Privacy Notice is designed to help you understand how Escheatify, Inc. (“Escheatify,” “we,” “us,” or “our”) collects, uses, processes, and shares your personal information, and to help you understand and exercise your privacy rights.
1. SCOPE AND UPDATES TO THIS PRIVACY NOTICE
2. PERSONAL INFORMATION WE COLLECT
3. HOW WE USE YOUR PERSONAL INFORMATION
4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
5. YOUR PRIVACY CHOICES AND RIGHTS
6. SECURITY OF YOUR INFORMATION
7. INTERNATIONAL DATA TRANSFERS
8. RETENTION OF PERSONAL INFORMATION
9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
10. CHILDREN’S INFORMATION
11. OTHER PROVISIONS
12. CONTACT US
1. SCOPE AND UPDATES TO THIS PRIVACY NOTICE
Changes to our Privacy Notice. We may revise this Privacy Notice from time to time at our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.
2. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, the information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
Personal Information You Provide to Us Directly
We may collect personal information that you provide to us.
Account Creation. We may collect personal information when you create an account, such as name and email address.
Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.
Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.
Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
Sweepstakes or Contests. We may collect the personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information about sweepstakes and contest winners.
Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.
Personal Information Collected Automatically
We may collect personal information automatically when you use our Services.
Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Our uses of these Technologies fall into the following general categories:
Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;
Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising- or Targeting-Related. We may use first-party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services, or on third-party digital properties.
See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.
Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These technologies allow us to better understand how our Digital Services are used and to continually improve and personalize our Services. Some of our analytics partners include:
Personal Information Collected from Other Sources
Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as a third-party login service, we may collect personal information about you from that third-party application that you have made available via your privacy settings.
Referrals and Sharing Features. Our Services may offer various tools and functionalities that allow you to provide personal information about your friends through our referral service. Our referral services may also allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker)
3. HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
Provide Our Services
We use your information to fulfill our contract with you and provide you with our Services, such as:
Managing your information and accounts;
Providing access to certain areas, functionalities, and features of our Services;
Answering requests for customer or technical support;
Communicating with you about your account, activities on our Services, and policy changes;
Processing your financial information and other payment methods for products or Services purchased;
Processing applications if you apply for a job we post on our Services; and
Allowing you to register for events.
We use your information for various administrative purposes, such as:
Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
Measuring interest and engagement in our Services;
Improving, upgrading, or enhancing our Services;
Developing new products and services;
Ensuring internal quality control and safety;
Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice;
Debugging to identify and repair errors with our Services;
Auditing relating to interactions, transactions, and other compliance activities;
Sharing personal information with third parties as needed to provide the Services;
Enforcing our agreements and policies; and
Carrying out activities that are required to comply with our legal obligations.
Marketing and Advertising our Products and Services
We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
Some of the ways we may market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.
If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.
With Your Consent
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
We also use your personal information for other purposes as requested by you or as permitted by applicable law, including:
De-identified and Aggregated Information. We may use personal information to create de-identified and/or aggregated information, such as demographic information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.
4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
Disclosures to Provide our Services
The categories of third parties with whom we may share your personal information are described below.
Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.
Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
Affiliates. We may share your personal information with our company affiliates for example: for our administrative purposes, IT management, or for them to provide services to you or support and supplement the Services we provide.
Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.
Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
5. YOUR PRIVACY CHOICES AND RIGHTS
Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.
Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Notice).
“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
Please note you must separately opt out in each browser and on each device.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
Access to and Portability of Your Personal Information, including (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine-readable format (also known as the “right of data portability”);
Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
Request Deletion of your personal information;
Request Restriction of or Object to our processing of your personal information; and
Withdraw your Consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.
If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.
6. SECURITY OF YOUR INFORMATION
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you.
7. INTERNATIONAL DATA TRANSFERS
All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the People’s Republic of China, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.
For more information about the safeguards we use for international transfers of your personal information, please “Contact Us” as set forth below.
8. RETENTION OF PERSONAL INFORMATION
We store the personal information we collect as described in this Privacy Notice for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us below.
10. CHILDREN’S INFORMATION
The Services are not directed to children under 13 (or other ages as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable.
11. OTHER PROVISIONS
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
12. CONTACT US
Escheatify is the controller of the personal information we process under this Privacy Notice.
If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at:Escheatify, Inc.
PO BOX 99900 FX 601 163
RPO Major Mackenzie
Richmond Hill, ON, Canada
Last updated June 1, 2023In consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Platform and Access
1.1 Escheatify Platform. Escheatify offers its Web App Platform (the “Platform”) which is described at https://missingwealth.com/. User acknowledges and agrees that the Platform may be upgraded or updated at any time during the Term (as defined in Section 3.1).
1.2 Access. Subject to User’s compliance with the terms and conditions of this Agreement, Escheatify hereby grants User a worldwide, non-exclusive, non-transferable, non-sublicensable: (i) right to use and access the portions of the Platform ordered by User.
2. Responsibilities and Restrictions
2.1 Restrictions. Except as expressly permitted by this Agreement, User will not, and will not permit any third party (including Authorized Users) to, use the Platform in any manner beyond the scope of the rights expressly granted in this Agreement. User will not at any time, directly or indirectly, and will not permit any third party to: (a) modify or create derivative works of the Platform, in whole or in part; (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software component of the Platform, in whole or in part; (c) sell, resell, rent or lease use of the Platform to any other third party, or otherwise allow the Platform to be used for any purpose other than for the benefit of the User in accordance with this Agreement; (d) use the Platform to store, transmit, upload or post any infringing, libelous or otherwise unlawful or tortious material or any data (including any User Content) for which it does not have the necessary consents or rights to store, transmit, upload or post (as applicable) in connection with the Platform; (e) interfere with, or disrupt the integrity or performance of, the Platform, or any data or content contained therein or transmitted thereby; (f) access or search the Platform (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Platform features provided by Escheatify for use expressly for such purposes; (g) use the Platform, Documentation or any other Escheatify’s Confidential Information to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Platform; (h) use the Platform in any way that exceeds any usage limitations as specified in any Documentation; or (i) delete or in any manner alter the copyright, trademark, and other proprietary rights notices appearing on or included in the Platform or the Platform Output as delivered.
2.3 Third-Party Software. The Platform may include, or may provide User with access to, software, source code or other technology licensed to Escheatify from third parties, and which may be owned by such third parties (collectively, “Third-Party Software”). User acknowledges and agrees that Third-Party Software is provided solely on an “AS IS” basis, and that Escheatify does not make any warranties or guarantees regarding Third-Party Software and is not responsible for the operation or failure of, or any errors or bugs in, any Third-Party Software.
2.4 Third-Party Services. Certain features and functionalities within the Platform as Escheatify determines in its sole discretion may allow User and its Authorized Users to interface or interact with, access and/or use compatible third-party services, products, technology and content (collectively, “Third-Party Services”) through the Platform. User hereby acknowledges and agrees that, unless Escheatify expressly agrees in an Order Form between User and Escheatify identifying particular third party services, products, technology or content to be provided by Escheatify to User through the Platform (“Designated Services”): (a) Escheatify is not the provider of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Platform or Third Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto; and (b) User is solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary to use the Third-Party Services in connection with the Platform. User’s and its Authorized Users’ obligations under this Agreement with respect to the Platform (including obligations regarding confidential information and intellectual property rights) will also apply to User’s and its Authorized Users’ access to and use of any Designated Services.
2.5 Acceptable Use. User may not use the Platform: (a) in violation of this Agreement; (b) in a way that infringes on, violates, dilutes or misappropriates the intellectual property rights of any third party or any rights of publicity or privacy; (c) in violation of any law, statute, ordinance or regulation, unfair competition, anti-discrimination and/or false advertising); or (d) to engage in any illegal, offensive, indecent, inappropriate or objectionable conduct or content. User may access the Platform only through the interfaces and protocols provided or authorized by Escheatify. User may not access the Platform through unauthorized means, such as unlicensed software clients.
2.6 User Content. “User Content” means information and materials provided or made accessible to Escheatify by or on behalf of User for the purpose of receiving or using the Platform, including personal data of consumers and other information collected through the Platform. User will: (a) provide Escheatify with the User Content in the form and format requested by Escheatify, or as otherwise required to access and use the Platform; (b) be responsible for all User Content; (c) ensure compliance with all laws, rules, and regulations applicable to its use of the Platform; and (d) obtain all waivers, consents and other rights necessary for Escheatify to use the User Content to provide the Platform to User.
2.7 Suspension, Limitation or Termination. Escheatify is entitled, without liability to User, to immediately suspend, terminate or limit User’s access to any or all part of the Platform at any time in the event: (a) that Escheatify reasonably suspects that the Platform is being used in violation of any applicable law or regulation or in a manner inconsistent with this Agreement or the Documentation; (b) that Escheatify determines that the Platform is being used in an unauthorized or fraudulent manner; (c) that Escheatify determines that the use of the Platform adversely affects Escheatify’s equipment or service to other Users; (d) Escheatify is prohibited by an order of a court or other governmental agency from providing the Platform; or (e) any other event which Escheatify determines, in its sole discretion, may create a risk to the Platform or to any other users of the Platform. Without limitation, Escheatify will have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of User’s right to use the Platform in accordance with this Agreement.
3. Term, Fees and Payment
3.1 Term. The term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement, will continue in effect until the date set forth in the Order Form (the “Term”). The Term may be terminated earlier upon mutual agreement of the parties in writing, or in accordance with the terms of this Agreement.
3.2 Fees and Payment. In consideration for the Escheatify’s provision of the Platform and subject to the terms of this Agreement, User will pay all fees set forth in the Order Form. All payments made under this Agreement to Escheatify will be made in U.S. dollars (unless stated otherwise), and will be non-refundable.
3.3 No Set-Off. Neither party will have any right to set off, discount or otherwise reduce or refuse to pay any amounts due to the other party under this Agreement for any reason.
3.4 Taxes. The fees described in Section 3.2 are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. User agrees to pay such taxes. In the case of any withholding requirements, User will pay any required withholding itself and will not reduce the amount paid to Escheatify on account thereof.
6.1 Confidential Information. “Confidential Information” of a party means all data and information that is submitted to or learned by either party in connection with this Agreement, including information relating to either party’s customers, technology, operations, facilities, products, systems, procedures, practices, research, development, employees, business affairs and financial information. User Content is not Confidential Information, but is rather subject to Section 4 to the extent that it contains Personal Information. Without limiting the foregoing, the following will be deemed Confidential Information of (only) Escheatify: the Platform, Account Data, and the terms and conditions of this Agreement. Neither party may disclose, duplicate, publish, release, transfer or otherwise make available Confidential Information of the other party in any form to, or for the use or benefit of, any person or entity without the other party’s prior written consent, or use such Confidential Information for purposes outside the scope of this Agreement. Each party may disclose the Confidential Information of the other party only to its employees, consultants and agents who need to know such confidential information for the purposes of this Agreement. Each party will advise its employees, consultants and agents of their responsibilities under this Agreement and be responsible for any breach of this Section 6 by its employees, consultants or agents. Confidential Information will not include information that is: (a) part of, or becomes part of, the public domain (other than by disclosure by the receiving party in violation of this Agreement); (b) previously known to the receiving party without an obligation of confidentiality; (c) independently developed by the receiving party outside this Agreement; or (d) rightfully obtained by the receiving party from third parties without an obligation of confidentiality.
6.2 Exclusions/Remedies. The obligations in this Section do not restrict any disclosure by either party pursuant to any applicable law, or by order of any court or government agency (provided that the disclosing party will give prompt notice to the non-disclosing party of such order so that the non-disclosing party may seek a protective order or other appropriate remedy). In the event of a breach of this Section or other compromise of Confidential Information of which a party is or should be aware (whether or not resulting from a breach), such party will immediately notify the other party in writing detailing all information known to such party about the compromise, the Confidential Information affected, and the steps taken by such party to prevent the recurrence of such breach and to mitigate the risk to the other party.
7. Representations and Warranties
7.1 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ESCHEATIFY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ESCHEATIFY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PLATFORM (INCLUDING THE PLATFORM OUTPUT) IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY WHATSOEVER. ESCHEATIFY DOES NOT WARRANT THAT THE PLATFORM WILL BE CONTINUOUSLY AVAILABLE, ERROR-FREE OR SECURE, OR THAT ALL DEFECTS IN THE PLATFORM WILL BE CORRECTED. ESCHEATIFY WILL NOT BE LIABLE IN ANY WAY RELATED TO NON-ESCHEATIFY APPLICATIONS. ESCHEATIFY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS. WITHOUT LIMITING THE FOREGOING, USER ACKNOWLEDGES AND AGREES THAT ESCHEATIFY DOES NOT PROVIDE ANY FRAUD DETECTION SERVICES UNDER THIS AGREEMENT AND THAT ESCHEATIFY DOES NOT WARRANT THAT USE OF THE PLATFORM WILL UNCOVER ALL ASSETS BELONGING TO THE DECEASED. ESCHEATIFY’S ONLY OBLIGATIONS WITH RESPECT TO THE PLATFORM ARE EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ESCHEATIFY BE LIABLE FOR ANY LOST DATA, LOSS OF REVENUE DUE TO THE ESTATE, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ESCHEATIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ESCHEATIFY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, AMOUNTS PAID BY USER TO ESCHEATIFY IN THE 12-MONTH PERIOD PRECEDING THE INITIAL CLAIM GIVING RISE TO LIABILITY HEREUNDER.
9. General Provisions
9.1 Force Majeure. Neither party will be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder (except for failure to timely pay) if such delay or default is caused by conditions beyond its reasonable control including acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), acts of terrorism, wars or insurrections.
9.2 Export Control. User will not export or re-export, either directly or indirectly, any technical data, software, process, product, service, or system obtained from Escheatify, without first complying with the United States and all other applicable government laws and regulations governing the export, re-export, and import of those items.
9.3 Miscellaneous. Neither party may assign, delegate, or otherwise transfer its rights or obligations under this Agreement in whole or in part, except that either party may assign this Agreement in connection with a merger, acquisition, sale of a majority of its equity, sale of substantially all of its assets to which this Agreement relates, or a similar transaction. Escheatify may also freely engage subcontractors, such as third-party hosting providers. This Agreement will be binding upon and will inure to the benefit of the parties and their permitted successors and assigns. This Agreement constitutes the entire agreement, and supersedes any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of this Agreement, all of which are hereby merged into this Agreement. Without limitation, the terms of any other document, course of dealing, or course of trade will not modify this Agreement, except as expressly provided in this Agreement or as the parties may agree in writing. No amendment to this Agreement or waiver of any provision hereof will be valid or binding unless reduced to writing and duly executed by the party or parties to be bound thereby. Failure to promptly enforce a provision of this Agreement will not be construed as a waiver of such provision. Nothing contained in this Agreement will be deemed to create, or be construed as creating, a joint venture or partnership between the parties. Neither party is, by virtue of this Agreement or otherwise, authorized as an agent or legal representative of the other party. Except as otherwise set forth in this Agreement, neither party is restricted from doing business with any other person, entity or organization by virtue of this Agreement. Neither party to this Agreement is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf or in the name of the other party, or to bind such other party in any manner. Nothing contained in this Agreement will be deemed to create any third-party beneficiary right upon any third party whatsoever. Each of the parties acknowledges that it has had the opportunity to have this Agreement reviewed or not by independent legal counsel of its choice. If any one or more of the provisions of this Agreement should be ruled wholly or partly invalid or unenforceable, then the provisions held invalid or unenforceable will be deemed amended, and the court or other government body is authorized to reform the provision(s) to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein. The headings to Sections of this Agreement are for convenience or reference only and do not form a part of this Agreement and will not in any way affect its interpretation. Neither party will be afforded or denied preference in the construction of this Agreement, whether by virtue of being the drafter or otherwise. For purposes of this Agreement, the words and phrases “include,” “includes”, “including” and “such as” are deemed to be followed by the words “without limitation”. This Agreement may be executed in counterparts, each of which will constitute the same instrument. Facsimile or electronic signatures will be given the same effect and weight as originals.