Last Updated: March 15, 2025

Introduction

These Terms of Use (“Terms”) constitute a legally binding agreement between you, either an individual or entity (“Client,” “you,” or “your”) and Surplus Fortune (A Service Company by Outsourcing Networks) (“Company,” “we,” “us,” or “our”). By purchasing a subscription, creating an account, accessing, or using our Platform and the Data contained therein, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not purchase a subscription, create an account, access, or use our Platform or Data.

1. Definitions

• “Data” refers to any information, leads, skip tracing, or materials provided by the Company to the Client through the Platform, whether accessed online or exported via CSV or other download functionality.
• “Platform” refers to the Surplus Fortune web application, including all pages, dashboards, tools, features, and functionalities accessible through a Client’s authenticated account.
• “Export” refers to the CSV download functionality or any other mechanism provided by the Platform that allows Clients to download or extract Data from the Platform.
• “Subscription” refers to the recurring access plan purchased by the Client that grants access to the Platform, its features, and the Data available under the applicable subscription tier.
• “Permitted Purpose” means the Client’s internal business operations for the sole purpose of working leads for their own marketing and business development activities.
• “Confidential Information” means any information disclosed by the Company to the Client that is marked as confidential or would reasonably be understood to be confidential given the nature of the information and circumstances of disclosure.

2. Acceptance of Terms

By selecting the checkbox indicating your agreement to these Terms during the checkout or registration process, by creating an account, or by accessing or using the Platform or Data, you confirm that:

• You have read, understood, and accepted these Terms in their entirety;
• You have the authority to enter into this agreement on behalf of the business entity you represent;
• You consent to receive communications from us electronically; and
• This agreement is legally binding and governs your use of the Platform and Data provided by Surplus Fortune.

3. License & Permitted Use

Subject to payment of applicable Subscription fees and compliance with these Terms, Surplus Fortune grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Data solely for your Permitted Purpose.

3.1 CSV Export and Downloaded Data

The Platform permits Clients to export Data in CSV format for their own Permitted Purpose. All Data exported via CSV or any other download mechanism remains the proprietary property of Surplus Fortune and is subject to the same restrictions as Data accessed within the Platform. Exported Data may only be used by the Client for working leads within their own business operations.

3.2 Restrictions

You expressly agree that you shall not:

• Resell, redistribute, disclose, sublicense, share, lease, license, or transfer the Data, whether accessed via the Platform or exported via CSV, in whole or in part, to any third party;
• Share exported CSV files, screenshots, or any derivative of the Data with any person or entity outside of your own business;
• Use the Data for any unlawful, fraudulent, deceptive, or abusive purposes;
• Use the Data in a manner that violates any applicable privacy laws or regulations, including but not limited to CAN-SPAM, CCPA, GDPR, or similar legislation;
• Modify, decompile, reverse engineer, or create derivative works from the Data;
• Remove, obscure, or alter any proprietary notices or labels on the Data;
• Use the Data to compete with Surplus Fortune or to develop competing products or services;
• Store the Data on unsecured systems or transfer it through unsecured channels;
• Use automated methods, bots, scrapers, or other programmatic tools to access, extract, or download the Data unless explicitly authorized; or
• Share account credentials or allow any unauthorized person to access the Platform using your account.

4. Data Compliance and Quality

4.1 Data Disclaimer

Data is provided “AS IS” and “AS AVAILABLE.” We make no guarantees regarding accuracy, completeness, or fitness for your specific use. Any reliance you place on such Data is strictly at your own risk.

4.2 Coverage Notice

Our data includes surplus information across 41 states. The examples listed on our site reflect available states throughout the year. We do not guarantee constant availability of specific counties or states.

4.3 Security Responsibilities

You agree to:

• Maintain safeguards to protect all Data provided;
• Limit access only to authorized personnel;
• Alert us to any suspected breach or misuse;
• Follow any security best practices we recommend.

5. Payment & Fees

5.1 Payment Processing

Payments are processed securely via Stripe through Liberty Refunding By submitting payment info, you confirm:

• The payment method is valid and authorized;
• You agree to be billed at the posted rate;
• You will cover applicable taxes and fees.

5.2 All Sales Are Final — No Refunds

All Subscription purchases are final and non-refundable. No refunds, credits, or chargebacks will be issued under any circumstances once a Subscription account has been activated and the Client has been granted access to the Platform. By completing your purchase, you acknowledge that you will have immediate access to proprietary Data and tools, and you expressly waive any right to a refund.

Prices are determined at the time of purchase and are subject to change without prior notice.

6. Limitation of Liability

Surplus Fortune is not liable for how you use the Data. You are responsible for ensuring compliance with all local, state, and federal laws. We are not responsible for:

• Fines, penalties, or lawsuits from misuse;
• Violations of DNC or similar telemarketing laws;
• Any legal outcomes from your direct or indirect use of the Data.

To the fullest extent permitted by law, Company shall not be liable for any direct Or indirect, incidental, consequential, or exemplary damages resulting from your use of the data or the Platform. In no event shall our aggregate liability exceed the amount paid by you to Company for the specific data purchase giving rise to the liability.

7. Indemnification

You agree to hold harmless and indemnify Surplus Fortune against any damages, liabilities, or costs arising from your use or misuse of the Data, or your breach of these Terms.

8. Intellectual Property

All Data, documents, lead formats, Attorney Network,  methodologies, and designs remain the sole property of Surplus Fortune. Unauthorized use may result in legal action.

9. Governing Law & Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland. Any disputes shall be resolved in the state or federal courts located in Maryland.

9.2 Mediation and Arbitration

In the event of a dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith mediation. If mediation is unsuccessful, the dispute shall be resolved exclusively through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Maryland and be conducted in English. Each party shall bear its own costs associated with the arbitration, except that the prevailing party may recover reasonable attorneys’ fees and arbitration costs.

By agreeing to these Terms, you waive your right to bring or participate in a class action lawsuit against Surplus Fortune.

10. Contact

For questions or concerns, contact:

support@surplusfortune.com

contact@surplusfortune.com