Terms Of Service

 Effective Date: 10/01/2024

Welcome to Data Trak, LLC DBA SurplusTrak  ("Company," "SurplusTrak," "we," "our," or "us"). By accessing or using the SurplusTrak website, services, consultations, communications, forms, or related content (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

1.  By opting in to receive SMS communications from Data Trak, LLC , DBA "SurplusTrak", you agree to receive text messages related to surplus funds recovery services, unclaimed property recovery, consultation follow-ups, claim status updates, documentation requests, customer support communications, and other information related to your inquiry or active claim. If you provide separate express consent, you may also receive occasional promotional messages regarding asset recovery services, educational content, service updates, and special offers. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time or HELP for assistance. 
2. You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
3. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to info@surplustrak.com
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
6. For privacy-related inquiries, please refer to our privacy policy: https://surplustrak.com/privacy-policy

1. SERVICES PROVIDED

SurplusTrak is an asset recovery company that assists individuals in identifying, researching, documenting, and pursuing claims for surplus funds, excess proceeds, unclaimed property, foreclosure overages, tax sale surpluses, and other recoverable assets that may be held by courts, counties, trustees, governmental agencies, financial institutions, or other entities.

SurplusTrak may work directly with attorneys, title companies, court systems, government agencies, and third-party service providers in connection with client claims.

2. NO LEGAL ADVICE

The information provided on this website is for informational purposes only and does not constitute legal, tax, financial, or investment advice.

Unless expressly stated in a separate written agreement, SurplusTrak is not a law firm and does not provide legal representation. Any legal services are provided solely by independently licensed attorneys engaged separately or through authorized arrangements.

You should consult your own attorney regarding your specific legal rights and obligations.

3. NO GUARANTEE OF RECOVERY

While SurplusTrak strives to maximize the likelihood of successful recovery, we cannot guarantee:

• That surplus funds exist;
• That a claim will be approved;
• That a court or governmental agency will release funds;
• The amount of any recovery;
• The timeframe for recovery; or
• The ultimate success of any claim.

Past performance is not indicative of future results.

4. CLIENT RESPONSIBILITIES

You agree to:

• Provide accurate and truthful information;
• Cooperate with reasonable requests for documentation;
• Promptly notify us of changes in your contact information;
• Execute required authorizations and claim documents when requested;
• Refrain from providing false, misleading, or fraudulent information.

Failure to cooperate may delay or prevent the successful recovery of funds.

5. FEES AND COMPENSATION

Unless otherwise specified in a written agreement, SurplusTrak provides services on a contingency-fee basis.

No fees are earned unless funds are successfully recovered on your behalf.

Compensation terms, fee percentages, costs, and payment procedures will be outlined in a separate written agreement signed by the client.

6. THIRD-PARTY SERVICES

We may engage third parties, including:

• Attorneys;
• Notaries;
• Investigators;
• Title companies;
• Process servers;
• Government agencies; and
• Other professional service providers.

SurplusTrak is not responsible for the acts, omissions, delays, or decisions of independent third parties.

7. ELECTRONIC COMMUNICATIONS

By submitting your information through our website, forms, email, telephone, or text messaging systems, you consent to receive communications from SurplusTrak regarding your claim, consultation, or services.

Communications may include:

• Email;
• Telephone calls;
• Voicemail messages;
• SMS/Text messages;
• Electronic documents and disclosures.

Consent is not a condition of purchasing services.

8. SMS AND TEXT MESSAGE CONSENT

By providing your mobile number, you expressly consent to receive informational and transactional text messages regarding your claim and account.

You must be at least 18 years of age, or the age of majority in your jurisdiction if higher, to opt in to and receive SMS/text messages from SurplusTrak. By providing your mobile number, you represent and warrant that you meet this age requirement.

Message frequency may vary. Standard message and data rates may apply. You may opt out at any time by replying STOP, or get help at any time by replying HELP.

Carriers are not liable for delayed or undelivered messages. SurplusTrak is not responsible for any delays or failures in the receipt of text messages, as message delivery is subject to effective transmission from your network operator and depends on factors outside our control.

9. INTELLECTUAL PROPERTY

All content on this website, including text, graphics, logos, designs, software, images, videos, and materials, is the property of SurplusTrak or its licensors and is protected by applicable intellectual property laws.

No content may be copied, reproduced, distributed, modified, or used without prior written permission.

10. PROHIBITED USES

You agree not to:

• Use the website for unlawful purposes;
• Attempt unauthorized access to systems or data;
• Interfere with website functionality;
• Submit fraudulent information;
• Impersonate another person or entity.

11. DISCLAIMERS

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

SURPLUSTRAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURPLUSTRAK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE USE OF THE WEBSITE OR SERVICES.

IN NO EVENT SHALL SURPLUSTRAK'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID TO SURPLUSTRAK BY THE CLIENT.

13. INDEMNIFICATION

You agree to indemnify and hold harmless SurplusTrak, its owners, officers, employees, contractors, affiliates, attorneys, and agents from any claims, damages, liabilities, losses, costs, or expenses arising from:

• Your violation of these Terms;
• Your misuse of the Services;
• Your submission of false information; or
• Your violation of any law or third-party rights.

14. PRIVACY

Your use of the website is also governed by our Privacy Policy, which is incorporated herein by reference.

15. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

16. DISPUTE RESOLUTION

Any dispute arising from these Terms or the Services shall first be submitted to informal negotiation.

If unresolved, the parties agree to submit disputes to binding arbitration in Broward County, Florida, except where prohibited by law.

17. MODIFICATIONS

SurplusTrak reserves the right to modify these Terms at any time. Updated Terms will be posted on this website with a revised effective date.

Continued use of the Services constitutes acceptance of the revised Terms.

18. CONTACT INFORMATION

SurplusTrak
Address: 30 N. Gould Street Sheridan, Wyoming 82801
Phone: (818) 474-2777
Email: info@SurplusTrak.com
Website: SurplusTrak.com