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Legal

Terms of Use

Effective Date: January 1, 2025. These Terms of Use govern your access to and use of the National Excess Proceeds Exchange website. Please read them carefully before using this site.

1. Acceptance of Terms

By accessing or using the National Excess Proceeds Exchange website (the "Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Site.

National Excess Proceeds Exchange ("NEPEX," "we," "us," or "our") reserves the right to modify these Terms at any time. Changes become effective upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

2. Eligibility

The Site is intended for use by individuals who are at least 18 years of age. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Site on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

3. Site Content and Educational Purpose

The Site provides educational information about excess proceeds, surplus funds, tax sale overages, foreclosure surplus, and related topics. All content on the Site — including articles, guides, checklists, frequently asked questions, state and county resources, and all other materials — is provided for general informational and educational purposes only.

The Site does not provide legal advice, financial advice, tax advice, or professional services of any kind. No content on the Site should be relied upon as a substitute for professional advice tailored to your specific circumstances. You should consult qualified professionals, including attorneys licensed in the relevant jurisdiction, before taking any action based on information found on the Site.

While we strive to provide accurate and current information, we make no representation or warranty regarding the accuracy, completeness, reliability, or currency of any content on the Site. Laws, regulations, court rules, and county procedures change frequently and vary significantly by jurisdiction.

4. Not Legal Advice; No Attorney-Client Relationship

National Excess Proceeds Exchange is not a law firm. NEPEX does not practice law, does not provide legal advice, and is not authorized or licensed to provide legal services in any jurisdiction. Nothing on the Site constitutes legal advice, and no information on the Site should be relied upon as legal advice.

Your use of the Site, submission of information through any form, participation in any educational review, and any communication with NEPEX — whether by email, phone, text message, or any other means — does not create an attorney-client relationship between you and NEPEX or between you and any entity or individual affiliated with NEPEX. Information you share with NEPEX is not protected by attorney-client privilege or the work product doctrine.

5. Not a Government Agency

NEPEX is a private organization. It is not a government agency, is not affiliated with any government agency or entity, and does not represent any government body. NEPEX is not the custodian, holder, or administrator of any excess proceeds, surplus funds, or unclaimed property. NEPEX cannot disburse, release, or authorize the release of any funds, and NEPEX does not have access to government-held funds on behalf of any individual.

6. No Guarantee of Recovery

NEPEX does not guarantee, promise, or predict that any individual or entity will recover excess proceeds, surplus funds, or any other funds. The existence of possible funds does not mean that funds can or will be recovered. Recovery depends on numerous factors including applicable statutes, court rules, deadlines, documentation requirements, the completeness of records, the existence of competing claims, and the decisions of courts, government agencies, and other parties.

Nothing on the Site, and no communication from NEPEX, should be interpreted as a promise, guarantee, or prediction that funds will be recovered, that a claim will be successful, or that any particular outcome will be achieved.

7. Intellectual Property Rights

All content on the Site, including text, articles, guides, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and arrangement of the Site, is the property of National Excess Proceeds Exchange or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The names "National Excess Proceeds Exchange" and "NEPEX" and all associated logos, taglines, and design marks are trademarks of National Excess Proceeds Exchange. You may not use these marks without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal, non-commercial use. You may print or download reasonable portions of the Site's content for your personal educational use, provided that you retain all copyright and proprietary notices. Any other use — including reproduction, modification, distribution, republication, display, or creation of derivative works — is prohibited without our prior written consent.

8. User Conduct

You agree not to use the Site in any way that:

  • Violates any applicable federal, state, local, or international law or regulation
  • Infringes upon or violates our intellectual property rights or the intellectual property rights of others
  • Is fraudulent, deceptive, or misleading
  • Transmits any viruses, malware, or other harmful code
  • Attempts to gain unauthorized access to any portion of the Site, the server on which the Site is hosted, or any server, computer, or database connected to the Site
  • Interferes with or disrupts the operation of the Site or the servers or networks used to make the Site available
  • Collects or harvests information about other users of the Site without their consent
  • Impersonates any person or entity or falsely states or misrepresents your affiliation with any person or entity

We reserve the right to terminate or restrict your access to the Site, without notice, for any conduct that we, in our sole discretion, determine to be in violation of these Terms or otherwise harmful to the Site, our users, or our interests.

9. User Submissions and Communications

By submitting information through any form on the Site, sending us email, calling us, texting us, or otherwise communicating with us, you grant us the right to use, store, and process the information you provide for the purposes described in our Privacy Policy and in connection with our educational and referral services.

You represent and warrant that any information you provide to us is accurate, complete, and not misleading, and that you have the right to provide such information. You understand that we are under no obligation to respond to any inquiry or submission, and that submitting information does not create any relationship between you and NEPEX beyond that of a website visitor communicating with a private educational organization.

10. Third-Party Links and Professional Referrals

The Site may contain links to third-party websites, resources, and services that are not owned, operated, or controlled by NEPEX. These links are provided for your convenience and educational reference only. NEPEX does not endorse, and is not responsible for, the content, accuracy, privacy practices, or availability of any third-party website.

In some cases, NEPEX may coordinate referrals between consumers and qualified professionals, including attorneys, title professionals, and probate specialists. NEPEX does not employ, supervise, or control the work of any referred professional. NEPEX makes no representation regarding the qualifications, competence, or suitability of any professional, and does not guarantee any outcome from a professional engagement. Any engagement between you and a referred professional is solely between you and that professional.

11. Disclaimer of Warranties

The Site Is Provided "As Is" And "As Available."

To the fullest extent permitted by applicable law, NEPEX disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NEPEX does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. NEPEX does not warrant that the content on the Site is accurate, complete, reliable, current, or applicable to any specific situation or jurisdiction.

You acknowledge that your use of the Site is at your sole risk. NEPEX is not responsible for any errors or omissions in the content of the Site or for any damages arising from your reliance on such content.

12. Limitation of Liability

To the fullest extent permitted by applicable law, National Excess Proceeds Exchange, its officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for any damages of any kind — including direct, indirect, incidental, consequential, special, exemplary, or punitive damages — arising out of or in connection with your use of or inability to use the Site, your reliance on any content on the Site, or any communications or interactions between you and NEPEX, even if NEPEX has been advised of the possibility of such damages.

This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory. If you are dissatisfied with any portion of the Site or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, NEPEX's liability is limited to the greatest extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless National Excess Proceeds Exchange, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, your violation of any third-party rights, or your submission of information through the Site.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice-of-law or conflict-of-law principles. Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction and venue of such courts.

Notwithstanding the foregoing, NEPEX may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or other interests.

15. Dispute Resolution

Before initiating any formal legal proceeding, you agree to contact us and attempt to resolve any dispute informally. If a dispute cannot be resolved informally within 60 days, either party may pursue available legal remedies.

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as a plaintiff or class member in any class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

17. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure by NEPEX to assert a right or enforce a provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms, together with our Privacy Policy, SMS/Text Consent Policy, Disclaimer, and any other policies or notices posted on the Site, constitute the entire agreement between you and National Excess Proceeds Exchange with respect to your use of the Site and supersede all prior and contemporaneous communications, whether written or oral, relating to the subject matter of these Terms.

19. Contact Information

If you have questions about these Terms of Use, please contact us:

National Excess Proceeds Exchange is not a law firm, does not provide legal advice, and is not a government agency. Information provided on this website is educational only. Nothing on this site creates an attorney-client relationship. National Excess Proceeds Exchange is a brand operated by Acquire, Inc.