Terms of Service
These terms govern your use of our website and engagement of our unclaimed funds recovery services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and Hawaii Unclaimed Funds Recovery ("Company," "we," "us," or "our"). These Terms govern your access to and use of our website at hawaiiunclaimedfunds.com (the "Site") and the unclaimed property recovery services we offer.
Please read these Terms carefully. By accessing the Site or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site or our services.
1. Services Description
1.1 Nature of Services
Hawaii Unclaimed Funds Recovery is a finder service that assists individuals and businesses in identifying and recovering unclaimed property held by the State of Hawaii pursuant to Hawaii Revised Statutes Chapter 523A. We research the state's unclaimed property database, prepare claim documentation, and submit claims on behalf of clients.
1.2 Free State Alternative
The State of Hawaii provides a free service for owners to search and claim unclaimed property directly through its online portal at dollars.ehawaii.gov. You are not required to use our services to claim your property. Our services are optional and offered for your convenience.
1.3 No Attorney-Client Relationship
Our services do not constitute legal advice and do not create an attorney-client relationship. We are a finder service, not a law firm. For complex legal matters related to unclaimed property, you should consult a licensed Hawaii attorney.
2. Finder Agreements
2.1 Compliance with HRS Β§523A-25
All finder agreements between the Company and clients are governed by and comply fully with Hawaii Revised Statutes Β§523A-25. This statute provides important consumer protections, including:
- Required written form for all finder agreements
- Maximum fee limitations as specified by statute
- Required disclosure of the identity, nature, and value of unclaimed property
- Cancellation rights during the period specified in your agreement
- Prohibition of agreements that pay fees before property is recovered
2.2 Contingency Fee
Our fee for recovery services is 20% of the amount successfully recovered from the State of Hawaii. This fee is contingency-based and is due only after:
- The State of Hawaii approves your claim; and
- The State of Hawaii issues a disbursement notice confirming payment to you
If your claim is unsuccessful, you owe us nothing. We will never charge you an upfront fee, search fee, consultation fee, or any other fee prior to a successful recovery.
2.3 Payment of Funds
The State of Hawaii issues all payments directly to you, the rightful property owner. We do not receive, handle, hold, or in any way control or access your funds at any point. Our fee is a separate transaction you initiate after receiving your state-issued disbursement notice.
3. Website Use
3.1 Permitted Use
You may use our Site for lawful purposes only. You agree not to use the Site to:
- Violate any applicable laws or regulations
- Transmit any harmful, fraudulent, or misleading information
- Attempt to gain unauthorized access to any part of the Site or our systems
- Interfere with or disrupt the Site's functionality
- Collect personal information about other users without their consent
- Use automated scraping, crawling, or harvesting tools without our permission
3.2 Accuracy of Information
The information on this Site is provided for general informational purposes only. While we strive to keep content current and accurate, we make no guarantees about the completeness, accuracy, or current applicability of any information on the Site. Nothing on this Site constitutes legal, financial, or tax advice.
3.3 Third-Party Links
Our Site contains links to third-party websites, including the State of Hawaii's official website. These links are provided for your convenience. We have no control over third-party sites and assume no responsibility for their content, privacy practices, or accuracy.
4. Intellectual Property
All content on this Site β including text, graphics, logos, images, and software β is owned by or licensed to Hawaii Unclaimed Funds Recovery and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our express written permission.
5. Privacy
Your use of the Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you consent to the data practices described in our Privacy Policy.
6. Disclaimers and Limitations of Liability
6.1 No Guarantee of Results
We cannot guarantee the successful recovery of any unclaimed property. The State of Hawaii retains sole authority to approve or deny claims. We make no representation that any claim will be approved or that any particular amount will be recovered.
6.2 Disclaimer of Warranties
THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
6.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAWAII UNCLAIMED FUNDS RECOVERY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability to you for any claim arising from or related to these Terms or our services shall not exceed the greater of (a) the fees you paid to us in connection with the specific matter giving rise to the claim, or (b) $100.
6.4 State Law Compliance
Nothing in this Section shall limit any rights you have under Hawaii Revised Statutes Β§523A-25 or other applicable Hawaii consumer protection laws. To the extent that any limitation in these Terms conflicts with your statutory rights under Hawaii law, Hawaii law shall control.
7. Indemnification
You agree to indemnify, defend, and hold harmless Hawaii Unclaimed Funds Recovery, its officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site or services; (b) your violation of these Terms; (c) your provision of false, inaccurate, or misleading information; or (d) your violation of any applicable laws or regulations.
8. Termination
We reserve the right to terminate or suspend your access to the Site or our services at any time, with or without cause, with or without notice. Upon termination, any obligations that have accrued prior to termination shall survive.
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions.
9.2 Jurisdiction
Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Honolulu, Hawaii, and you consent to personal jurisdiction in such courts.
9.3 Dispute Resolution
Before initiating any legal action, you agree to contact us in writing and provide a reasonable opportunity (not less than 30 days) to resolve the dispute informally.
10. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page with an updated "Last Updated" date. Your continued use of the Site or services after any changes constitutes your acceptance of the new Terms.
11. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
12. Entire Agreement
These Terms, together with our Privacy Policy and any separate Finder Agreement you execute with us, constitute the entire agreement between you and Hawaii Unclaimed Funds Recovery with respect to the subject matter hereof and supersede all prior agreements and understandings.
13. Contact Information
Questions about these Terms should be directed to:
- Email: legal@hawaiiunclaimedfunds.com
- Mail: Hawaii Unclaimed Funds Recovery, Honolulu, Hawaii