Card Surge Terms of Use

Terms of Use Last Updated: November 5th, 2018

 

PLEASE NOTE: SECTION 29 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH CARD SURGE LLC ARE RESOLVED. BY MERE USE OF OUR SITE OR SERVICES YOU AGREE TO BE BOUND BY THE ARBITRATION CLAUSE AND WAIVER CONTAINED IN THESE TERMS OF USE.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. THIS INCLUDES REMEDIES AND RECOURSE CARD SURGE LLC MAY TAKE IN CONJUNCTION WITH YOUR USE OF OUR SITE AND SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF ANY DISPUTE.

 

Welcome to https://cardsurge.com, an online Service offered by Card Surge LLC (“Card Surge LLC,” “We,” “Us,” or “Our”). This web page highlights the Terms of Use by which this Website can be used by you (“Member”, “Buyer”, “Seller”, or “User”), including Website Widgets, E-commerce Platforms and Tools, Feeds, and all other Services or applications managed, controlled, and offered by Card Surge LLC which collectively make up the “Service or Services”.

These Terms of Use (“Terms of Use,” “Terms,” “Terms and Conditions,” “Terms of Service,” “Agreement,” or “Policies”) apply to the use of the Card Surge website located at https://cardsurge.com (“Site” or “Website”) for the purchase and sale of Gift Cards, Electronic Gift Cards (eGift Cards) and related items.

These Services and related tools are governed by the following Terms of Use as applicable to Card Surge LLC. If you transact on cardsurge.com, you shall be subject to the Policies that are applicable to the Website for such transactions and contained herein.

By clicking on “I Agree” on the Website or by mere use of the Website you shall be contracting with Card Surge LLC, and these Terms of Use constitute your binding obligations. By accessing and using this Website you acknowledge that you are in full agreement with the Terms of Use governing the use of Our Website whether you are a Registered Member or not. If you do not agree please do not access or use Our Website or Services.

Card Surge LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms of Use, Card Surge LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and Services for their designated purpose only.

 

 1. OVERVIEW

www.cardsurge.com is for the purchase and selling of “Gift Cards” (plastic), “Electronic Gift Cards” (virtual, E-Gift Codes, E-Gift Cards, Gift Codes), “Greeting Cards” (physical), and “Gift Card Holders” (physical), and other closed loop pre-paid products issued by third-party companies, “Merchants”.

By visiting Our Site and/ or purchasing something from Us, you engage in our “Service” and agree to be bound by the following Terms of Use, including those additional Policies referenced herein and/or available by hyperlink. These Terms of Use apply to all Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using Our Website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the Terms of Use included in this agreement, then you may not access the Website or use any Services.

Any new features or tools which are added to the current Site shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to Our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

2. GENERAL TERMS AND CONDITIONS

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS OF USE IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

This Website is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are always risks involved and We strongly advise you to understand these Terms of Use before joining or using Our Site or Services.

When you use any of the Services provided by Card Surge LLC you will be subject to the rules, guidelines, Policies, Terms and Conditions applicable to such Service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part of this Terms of Use.

If you use cardsurge.com, you shall be responsible for all your activities. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete that Card Surge LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Terms of Use, Card Surge LLC has the right to indefinitely suspend or terminate your order or your Account and refuse to provide you with access to the Website or Services.

Subject to the Terms of Use in this Agreement, Card Surge LLC hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser for using the Website for its designated purpose only. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Card Surge LLC reserves the right to terminate your order and refuse to provide you with access to Our Site if it is brought to Our attention, or if it is discovered that you are under the age of 13 years. Therefore, you represent and warrant that you are at least 13 years old or visiting the Site under the supervision of a legal parent or guardian.

 

3. SERVICE RULES

You agree not to participate in any of the following practices:

1.) Using our service to particpiate in any illegal activity, which includes money laundering, fencing, or any type of gift card fraud is strictly prohibited.

2.) Replicating, conveying, or revealing any part of the Service in any medium, including without constraint by any computerized or non-mechanized "scraping".

3.) Utilizing any robotized framework, including without confinement "robots," "bugs," "offline readers" and so forth, to access the Service in a way that sends more messages to Card Surge LLC servers than a human can sensibly deliver in the same timeframe by utilizing an on-line web program (except that Card Surge LLC grants the operators of public search engines revocable permission to use spiders to copy materials from cardsurge.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); transmitting spam, chain letters, or other unsolicited email.

4.) Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.

5.) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service.

6.) Gathering or collecting any identifiable data, including account names or any other data, from the Service.

7.) Imitating someone else or generally misinterpreting your connection with an individual or an entity, leading extortion or endeavoring to conceal your identity.

8.) Meddling with the best possible working of the Service.

9.) Getting to any Content on the Service through any innovation or means other than those approved by the Service.

10.) Bypassing the measures We may use to avert or limit access to the Service, including without limitations features that prevent or limit utilize or duplicating of any substance or implementing restrictions on the utilization of the Service.

 

 4. YOUR OVERALL CONDUCT

You are solely responsible for your actions through this Site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations where you reside. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.

You must not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.

 

5. USE OF WEBSITE

You agree and confirm that your use of cardsurge.com shall be strictly governed by the following binding principles:

1. Using our service to particpiate in any illegal activity, which includes money laundering, fencing, or any type of gift card fraud is strictly prohibited.

2. You shall not use, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which you the User do not have any rights to, or that involves the transmission of "junk mail," or “chain letters," or unsolicited mass mailing or "spamming"; infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

3. Try to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to account information, bulletins, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.

4. Engage in commercial activities and/or sales without Our Prior Written Consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Site. Throughout this Terms of Use, cardsurge.com "Prior Written Consent" means a written communication coming from the Card Surge LLC Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization; 

5. Interferes with another Member's use and enjoyment of cardsurge.com Website or any other individual's enjoyment of Our similar Services.

6. Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.

7. Deceives or misleads the addressee or Members about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

8. Impersonate another person or entity.

9. Expose the Site to files that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, key loggers, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

10. Provide information that is false, inaccurate or misleading.

11. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline.

12. Shall not create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers.

13. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Card Surge LLC reserves the right to bar any such activity.

14. You shall not attempt to gain unauthorized access to any portion or feature of cardsurge.com Website or any other systems or networks connected to cardsurge.com Website or to any of Our servers, computers, networks, or to any of the Services offered on or through cardsurge.com Website, by hacking, password “mining” or any other illegitimate means.

15. You shall not probe, scan or test the vulnerability of cardsurge.com Website or any network connected to cardsurge.com Website nor breach the security or authentication measures on cardsurge.com Website or any network connected to cardsurge.com Website.

16. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to cardsurge.com Website, or any other customer of cardsurge.com, including any cardsurge.com Account not owned by you, to its source, or exploit cardsurge.com Website or any Service or information made available or offered by or through cardsurge.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Our Website.

17. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of cardsurge.com Website or Our systems or networks or any systems or networks connected to cardsurge.com.

18. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

19. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to cardsurge.com on or through the Website or any Service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

20. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Card Surge LLC or others.  You are solely licensable to enable cardsurge.com to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub- (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Card Surge LLC will only use Your Information in accordance with the Terms of Use and Our Privacy Policy.

21. You shall not engage in advertising to, or solicitation of, other Members or Users of cardsurge.com to buy or sell any products or services, including, but not limited to, products related to those being displayed on cardsurge.com or related to cardsurge.com.

22. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via cardsurge.com. It shall be a violation of these Terms of Use to use any information obtained from cardsurge.com to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person outside of cardsurge.com without the Prior Explicit Written Consent of the Card Surge LLC Legal Department.

23. It shall be a violation of these Terms of Use to use any information obtained from cardsurge.com to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person outside of cardsurge.com.

24. You understand that Card Surge LLC has the right, always, to disclose any information (including the identity of the persons providing information or materials on the cardsurge.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, the disclosure of the information about an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate about the investigation and/or resolution of possible crimes, especially those that may involve personal injury or financial loss.

25. You hereby represent and warrant that you have all necessary rights in and to all information you provide and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. Card Surge LLC shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through groups of People, intentionally or unintentionally in Dos/DDoS (Distributed Denial of Services).

 

6. REGISTRATION AND MEMBER ACCOUNTS

There is no fee to become a Registered Member of cardsurge.com and it may be required to get access to certain features of the Service which could include buying or selling Gift Cards or Electronic Gift Cards. We limit access to cardsurge.com and services available to guests and visitors who have not registered a “Member Account”. Some Users will need to sign up with cardsurge.com and create a “Member Account” or “Account”. Card Surge LLC may also adjust or limit the capabilities and offerings available inside a “Member Account” at Our sole discretion for example when We feel a Member Account is being misused in any way.

There are two types of Member Accounts that are offered. All newly opened Card Surge accounts are unverified which means the identity of the individual who has opened the account has not been officially verified by Card Surge. Unverified accounts are limited in the amount of gift cards that can be purchased or sold before Card Surge will ask the Member to verify their identity by sumbitting additional documentation. You will be notified by a seperate email if this verification process is necessary to continue using your Card Surge account.

The second type of Card Surge account is a verified account. This means that you have successfully submitted government issued documentation that proves your identity, and Card Surge has reviewed and approved your submitted documents. These accounts are still subject to purchase and sale limitations but these limitations are typically higher than that of an unverified account. 

You may never utilize another Member's Account. When creating your Member Account, you should give precise, complete, and accurate information. You are exclusively responsible for making sure that your Member Account’s password is kept confidential and we strongly recommend changing your password at least once every 30 days. You should notify Card Surge LLC immediately of any unapproved usage or suspected unapproved usage of your Member Account. Card Surge LLC cannot be held responsible for any actions taken by any unapproved usage of your Member Account. You may control your Member Profile and how you connect with the Service by changing the settings, where accessible.

By giving Card Surge LLC your email addresses you agree to allow us to send you Service-Related Notifications, including any notification required by law, in lieu of correspondence through postal mail. We may likewise use your email to send you different messages, for example, changes to elements of the Service and special offers. If you would prefer not to get such email messages, you may unsubscribe or change your selections on your Account Settings Page or by unsubscribing in the email. Unsubscribing may keep you from receiving email messages with respect only to upgrades, updates, enhancements, or offers.

If you choose to provide Card Surge LLC with a cell phone number, We may offer you the alternative to select for instant message alerts and offers. You can change your instant message settings by utilizing your Account Settings Page. If you agree that you consent to get instant messages, you approve Us to utilize a robotizeddialer or message service to send the messages.

In addition to all other rights available to Card Surge LLC including those set forth in these Terms of Use, Card Surge LLC reserves the right, at its sole discretion, to terminate your Account, refuse Service to you, or cancel any orders.

 

7. PRODUCTS OR SERVICES 

Certain products or Services may be available exclusively online through Our Site. These products or Services may have limited quantities and are subject to return or exchange only per Our Return Policy. We have made every effort to display as accurately as possible the colors, images and prices of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at Our sole discretion.

We reserve the right to discontinue any product at any time.

Any offer for any product or Service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

8. AVAILABILITY, ERRORS AND INACCURACIES

Cardsurge.com’s acknowledgement of an order means that your order request has been received and is being reviewed; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.

If an item is out of stock, Card Surge LLC may, at its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Card Surge LLC, at its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value to the order placed.

Card Surge LLC makes a conscientious effort to describe and display its products and Services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and We may experience delays in updating information on the Site and in Our advertising on other sites. Thus, We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services.

As part of Our shipping procedures, We verify the availability, price, and balance before an item is shipped. If the item is no longer available or if We determine that there were inaccuracies in Our product information, we will cancel your order, provide a refund, and notify you of such cancellation via email.

Card Surge LLC reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience that this may cause.

 

9. PRICES

The price for an item on cardsurge.com may differ from the price shown in a Member or User’s shopping cart or on other Sites owned and operated by Card Surge LLC and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is made. On rare occasions, an item may be priced incorrectly on the cardsurge.com Web Site.

If the price for any item on the cardsurge.com Site is incorrect and is higher than the price provided at the time of purchase, then, at the sole discretion of Card Surge LLC, Card Surge LLC may either (I) contact the Member for instructions before shipping the item or charging the Member or User for such item; (ii) cancel the order for such item and notify the Member or User of such cancellation and provide a refund; or (iii) ship the item at the incorrect price to the benefit of the Member or User.

Please note that this policy regarding pricing applies only to items sold and shipped by Card Surge LLC on www.cardsurge.com. Any purchases from any third-party sellers (e.g., sellers of products provided via cardsurge.com) may be subject to different policies in the event of an incorrectly priced item.

The Pricing Policy is incorporated into these Terms & Conditions in its entirety.

 

10. GIFT CARDS AND ELECTRONIC GIFT CARDS

The Service may permit you to sell or purchase Gift Cards, Electronic Gift Cards, E-Gift Cards or the like that are issued and redeemable for goods or services by third party merchants ("Gift Cards” (plastic) or “Electronic Gift Cards” (virtual, eGift Cards, Gift Codes). You consent to pay all pertinent assessments and charges imposed by any administrative entity or merchant regarding your utilization of the Service.

If you have any questions about an individual Merchant’s polices or procedures regarding redemption of any Gift Cards or Electronic Gift Cards purchased on Our Site please contact the Merchant directly.

Card Surge LLC does not issue any of the Gift Cards or Electronic Gift Codes sold on Our Site and is not related to any of these Merchants. Card Surge LLC is not responsible for setting any of these Merchant’s rules or policies regarding their Gift Cards or Electronic Gift Cards and their redmption policies.

 

11. BUYING AND REDEEMING GIFT CARDS AND ELECTRONIC GIFT CARDS

Your purchase of any Gift Cards on cardsurge.com are governed by certain terms and conditions established by the issuing Merchant. If you have questions regarding the Merchant’s Gift Card terms and conditions, please contact the issuing Merchant directly or consult the Merchant’s website.

You acknowledge that various merchants may have different rules and policies regarding redeeming the Gift Cards or Electronic Gift Cards that you purchase on our Site, for example some Electronic Gift Cards may only be used on the merchant’s website and not in their actual store location Gift Cards may be subject to various other terms and conditions of a specific Merchant or Gift Card, including various limitations placed on use of the Gift Card or Electronic Gift Card, combination with other offers, redemption and use rules, and whether a Gift Card or Electronic Gift Card can be used online, in store or both. You agree specifically to have read and accepted these terms and conditions when you agree to purchase a gift card or eGift card on Our Site.

Card Surge LLC is not a party to any transaction that you enter with the Merchant because of purchasing a Gift Card or Electronic Gift Card on cardsurge.com. Card Surge LLC is not responsible for the quality of goods or services you receive from any Merchant.

If a Merchant goes out of business or files for bankruptcy before your use any or all of the value of your Gift Card or Electronic Gift Card purchased from Our Site, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card or Electronic Gift Card for the Merchant is with the Merchant exclusively and not Card Surge LLC. As an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for the Merchant. Our Buyer Guarantee does not apply if a Merchant refuses to honor its Gift Cards due to going out of business, into bankruptcy or other similar circumstances.

You recognize and agree that you will pay for any Gift Cards or Electronic Gift Cards that you purchase from our Site with a legitimate credit card (that you are approved to utilize) or by another payment method as the Service may permit. Generally, we'll charge your credit card for an item when the order is placed. However, we may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may influence your available credit line.

You agree that by using Our Site You are solely responsible for understanding and complying with each merchant’s rules and policies regarding redeeming Gift Cards or Electronic Gift Cards. You agree to release Card Surge LLC and its affiliated companies from any damages, monetary loss, or complications you may experience while redeeming or attempting to redeem a Gift Card or Electronic Gift Card that you purchased on our Site.

 

12. CARD SURGE REWARDS

Card Surge Rewards is a program that was created to reward loyal Members for certain purchases that they make on Our Site. The Card Surge Rewards program is subject to the following rules and restrictions:

A. Rewards are applied to a Member's account when they purchase a qualifying Gift Card or eGift Card from Our Site. Some Gift Cards and eGift Cards do not earn any Card Surge Rewards. Please check each individual listing carefully to determine if you will earn Rewards by purchasing that Gift Card or eGift Card.

B. Gift Cards or eGift Cards that will earn Rewards are indicated by the presence of the Card Surge Rewards logo and accompanying text which indicates the amount of Rewards that will be earned by purchasing that Gift Card or eGift Card.

C. Rewards are automatically applied towards the Member's next purchases of any Gift Card or eGift Card listed for sale on cardsurge.com. There is no limit to the amount of rewards that a Member can earn or redeem.

D. Any remaining Rewards that are not automatically applied towards the Member's purchase will remain in their Card Surge Rewards account and will be automatically applied towards the Member's next purchase until all Rewards that were earned have been utilized by the Member who earned them.

E. Card Surge Rewards have no cash value and are only indicated in terms of currency (USD) to clarify their applicable value when redeemed towards a purchase on cardsurge.com.

F. Card Surge Rewards may not be sold or transferred to another party or Member and can only be redeemed by the Member that earned the Rewards. Card Surge Rewards are void for any other purpose.

G. Rewards may be removed by Card Surge LLC from a Member's Rewards Account if it is determined by Card Surge that the Rewards were earned by a Member who committed fraud or attempted to committ fraud using Our Site. 

H. If a Member's Card Surge Account is suspended or terminated by Card Surge for any reason all Card Surge Rewards associated with that Member's Card Surge Account will be considered forfeited and are not valid.

I. Card Surge Rewards do not expire and will remain in the Member's Rewards account until they are redeemed. Members may check their Rewards balance at any time by logging into their Card Surge Account dashboard and clicking on Card Surge Rewards.

 

Card Surge reserves the right to change or modify the Card Surge Rewards program at any time for any reason at Our sole discretion. Rewards cannot be used by any Member for any other purpose other than outlined in these Terms of Use. Any misuse of abuse of the Card Surge Rewards program may result in a loss or forfeiture of any Rewards previously earned or permanent suspension or termination of your Card Surge account. For any other questions regarding the Card Surge Rewards program please contract Member support.

 

13. SELLING GIFT CARDS AND ELECTRONIC GIFT CARDS TO CARD SURGE

When you offer the sale of a Gift Card or Electronic Gift Card to Card Surge LLC by means of the Service, responsibility for the Gift Card and any interest in that Gift Card is quickly and legally transferred to Card Surge LLC. You agree that you won't recover any amount of the Gift Card after it has been transferred to Card Surge LLC regardless of the amount of time that has passed since the sale or transaction.

The Seller represents and warrants regarding any Gift Card or Electronic Gift Card offered for sale on the Service, the following:

1.) The Gift Card has value; ii) the Gift Card is redeemable for the credit or balance that you state through the Service.

2.) That you have not at all held an approach to reclaim the balance in the wake of offering the card for sale.

3.) The Gift Card and any interest in that is completely and legally transferable to Card Surge LLC in the way outlined by this Agreement, without disregarding any authority or right; v) you are the sole, legitimate proprietor of the Gift Card and all interests thereto.

4.) The Gift Card is not subject to any liens, commitments, or encumbrances of a third party; and vii) you must follow every single other prerequisite to finish the Gift Card sale, including, without confinement shipping directions, as required by the Service.

You further agree and understand that you will be charged a substitution fee if the Gift Card or Electronic Gift Card later ends up being invalid, has a zero balance, suddenly changes to a zero balance, or any balance other than what you stated at the time of the sale as decided by Card Surge LLC's sensible caution and that this fee.

The substitution fee will be equivalent to the balance that you reported at the time of the transaction in addition to an extra $10.00 service charge for processing. At Card Surge LLC’s sole discretion, we may suspend or terminate your account based on a Member or User attempting to use or using a Gift Card or Electronic Gift Card after it has already been sold to Card Surge LLC regardless of the amount of time that has passed since the sale or transaction. Accounts that are suspended may remain suspended indefinitely and you may not be allowed to access or use Our Service or Sites at any time in the future.

To prevent fraud and other types of illegal activity, We only purchase closed loop (to a specific merchant) Gift Cards or Electronic Gift Cards with a balance of between $10.00 USD and $200.00 USD with a maximum sale amount of $200.00 USD per sell order.

We cannot purchase open loop Gift Cards or Electronic Gift Cards such as Visa, MasterCard, Discover, or American Express gift cards that can be used at any merchant. We cannot purchase Gift Cards in any other currency other than US currency. Card Surge LLC reserves the right to refuse to purchase a Gift Card or Electronic Gift Code for any reason or for no reason.

If Card Surge LLC refuses to purchase a Gift Card or Electronic Gift Card for any reason, the Gift Card will be returned to the User or Member and Card Surge LLC will not hold any approach to the Gift Card or Electronic Gift Card for which the sale was refused.

Card Surge LLC is not responsible for any mistakes that are made while entering Gift Card data and we strongly encourage all Users to verify all data before submitting it to our Site for processing.

 

14. PAYMENTS FOR SELLERS

You may be able to utilize other third-party payment processors to receive payments for items you sell on cardsurge.com. These companies are not affiliated with Card Surge LLC in any way and Card Surge LLC has no control or authority over any third-party payment processor. Any payment made through a third-party payment service shall be considered as a separate and unrelated transaction between the Member or User and the third-party payment processor to complete the payment for the transaction which took place on cardsurge.com. In these situations, Card Surge LLC, shall be considered as an uninvolved party to the processing of the payment.

Card Surge LLC cannot be held responsible for any monetary damages or other damages that may result from using a third-party payment service and cannot guarantee that any individual payment processor will provide a certain payment. Third-party payment processors will have their own terms and conditions and privacy policies they follow and you should familiarize yourself with these policies before electing to use any third-party payment service.

By electing to use a third-party payment service to pay for an order on cardsurge.com or receive payment for any item or service sold on Our Site you agree to immediately and irrevocably release Card Surge LLC from all liability regarding the payment and all other damages that may occur as result and agree that it shall be Card Surge LLC’s sole responsibility to make sure that the payment has been issued to the third-party payment processor.

If a Member or User elects to receive payment by check the Member or User is solely responsible for the security of the check once it has been received. Card Surge LLC may charge a replacement fee for lost or stolen checks to recover bank fees and processing fees associated with replacing lost or stolen checks. This fee may range from $30.00 to $50.00 or more depending upon the specific situation.

To report a lost or stolen check please email us immediately at support@cardsurge.com

Any Account that is involved in or suspected of being involved in any type of check fraud will be permanently suspended. Card Surge LLC may use legal actions to attempt to recover any monetary or other damages associated with any User or Member who commits any type of check fraud.

If the Seller refuses to complete the transaction after the sell order has already been placed it shall be the official policy of Card Surge LLC to cancel the transaction and not provide any payment. Sellers that show a pattern of refusing to complete sell orders once they have been placed may have their cardsurge.com account limited or permanently suspended at Our sole discretion.

 

15. GIFT CARD ABONDONMENT POLICY

Occasionally, We receive Gift Cards in the mail that do not have any identifying information included with them.

It is the Member or User’s sole responsibility to make sure that when shipping any Gift Card to Our processing center they include the printed order form that is provided to them at the time they complete their order. This form contains all the necessary information that We need to be able to successfully process and identify the order. If the Member or User is unable to print the form for any reason they may choose to simply write the order number and their full name, telephone number, email address, and other personally identifiable information legibly on a piece of paper and include the information when mailing the Gift Cards to Us.

Failure to include clear and legible identifying information with your Gift Cards may result in delayed processing of your order or your Gift Cards being unidentifiable and considered as “Abandoned”.

In cases where we receive Gift Cards without any identifying information or information that is not legible We will use every reasonable effort to attempt to identify the owner of the Gift Card or Gift Cards. If We are not able to identify the owner of the Gift Card, then the Gift Card or Gift Cards shall be considered by Us as "Abandoned" and shall be subject to this Policy.

We will not use or attempt to use the Gift Card or Gift Cards as we have no legal right to them and the Abandoned Gift Card or Gift Cards shall be destroyed and disposed of after a 90 day hold period.

 

16. ORDER CONFIRMATION

Our order confirmation does not signify Our acceptance of an order, nor does it constitute confirmation of Our offer to purchase. At any time after receipt of an order, We may accept, decline, limit quantities, or place other limits or holds on any order for any reason.

We may impose these limits on a per-person, per-household, per-order, or any other basis. If We reject, limit, or otherwise modify a order, We will attempt to notify the Member or User using the e-mail address provided to Us. If We cancel an order or part of an order that We have already charged for, We will refund the full amount or the canceled portion of the order.

 

17. HOLDS

To protect and keep Card Surge LLC safe from risk of liability from actions by Sellers or Buyers, Card Surge LLC may hold access to funds or merchandise regarding certain factors, including, but not limited to, selling history, Seller performance, returns, riskiness of the listing, transaction value, or the filing of a Buyer Protection Claim. This may result in further restrictions being placed upon your Card Surge account.

 

18. SHIPPING

Shipping cost is specified at the time the order is placed. Shipping methods may be changed for any order at the sole discretion of Card Surge LLC. For example, combining multiple orders from the same Member to reduce shipping costs and improve efficiency.

You agree that Card Surge LLC is not responsible for any lost, damaged, stolen, or compromised mail and that it is your obligation to guarantee that any plastic Gift Cards are shipped to your correct physical address.

You also acknowledge that all orders sent to you from Card Surge are able to be delivered to a secure location for which only You have access to.

In addition you are solely responsible for any plastic gift cards you send to Card Surge arriving securely at Card Surge LLC’s processing center.

 

19. BUYER PROTECTION

In the event, you purchase any Gift Cards or Electronic Gift Cards, Card Surge LLC makes certain constrained guarantees ("Buyer Protection") with respect to your transaction, as depicted on the Buyer Protection page and thus fused by reference.

You recognize and agree that Buyer Protection is liable to this Agreement and any extra Terms and Conditions that might be portrayed on the Service. Please see the Buyer Protection page of Our Site for specific details regarding this program.

ALL CLAIMS BASED ON BUYER PROTECTION MUST BE SUBMITTED BY FILLING OUT AND SUBMITTING THE BUYER PROTECTION CLAIM FORM WITHIN A PERIOD OF ONE HUNDRED (100) DAYS STARTING FROM THE DATE YOU ORIGINALLY PURCHASED THE DISCOUNT GIFT CARD THAT IS SUBJECT TO THE CLAIM. FOR CARD SURGE DIRECT GIFT CARDS THE BUYER PROTECTION PERIOD IS 1 YEAR FROM THE PURCHASE DATE. NO USER OR MEMBER MAY EITHER DIRECTLY OR INDIRECTLY, BE ELIGIBLE TO USE BUYER PROTECTION FOR TRANSACTIONS GOING ABOVE AN AMOUNT OF ONE THOUSAND DOLLARS ($1000.00) DURING THEIR LIFETIME. THIS LIMIT MAY BE CHANGED OR EXTENDED AT THE SOLE DISCRETION OF CARD SURGE.

ALL MEMBERS AGREE THAT ANY GIFT CARD DEEMED NECESSARY BY CARD SURGE MUST BE RETURNED BY MAIL BEFORE A REFUND WILL BE PROCESSED. CARD SURGE HOLDS THE RIGHT UNDER THESE TERMS OF USE TO LIMIT, STOP, EXTEND, OR DISCONTINUE BUYER PROTECTION OR REFUSE ANY REFUND BASED ON OUR SOLE DISCRETION, INCLUDING WITHOUT LIMITATION IF WE COME TO A REASONABLE AMOUNT OF SUSPICION THAT YOU HAVE INVOLVED YOURSELF IN FRAUD OR OTHER UNLAWFUL PRACTICES.

BUYER PROTECTION APPLIES ONLY TO PURCHASES MADE ONLINE AT WWW.CARDSURGE.COM, PURCHASES MADE AT RETAIL LOCATIONS OR THOURGH OTHER SALES CHANNELS ARE NOT INCLUDED IN THIS BUYER PROTECTION PROGRAM.

 

20. REFUND POLICY

All payments made to Card Surge for the purchase of Gift Cards or Electronic Gift Cards are eligible for refund if any of the below conditions are met for which Card Surge LLC would hold no responsibility as this was unforeseen;

a.) There was a problem with the Gift Card or Electronic Gift Card purchased, as deemed solely by Card Surge LLC.

b.) The Gift Cards or Electronic Gift Cards were not delivered within a period of 30 days after the date of purchase.

c.) Any issue as outlined in the Buyer Protection Program section.

NO REFUND SHALL BE AVAILABLE IN THE EVENT OF THE FOLLOWING CONDITIONS: 

a.) When a request is initiated after the 100-day mark for discount gift cards, and after 1 year for Card Surge Direct gift cards.

b.) The Gift Card or Electronic Gift Card was sold to a different person or company.

c.) The Gift Card or Electronic Gift Card was stolen or missing which would be no fault of Card Surge LLC.

d.) The Buyer did not follow the laid down procedures for refunds such as shipping Gift Cards back to Us.

e.) Items clearly marked for no refund.

If you return a Gift Card, you warrant regarding any Gift Card or Electronic Gift Card you return through or on the Service, the following:

1.) The Gift Card has the same exact condition and balance as when you received it from Card Surge LLC; ii) the Gift Card has not been utilized.

2.) The Gift Card is and should be legitimate, to the best of your knowledge; iv) the Gift Card is redeemable for the measure of credit or balance that you state through the Service.

3.) You have not at all held an approach to reclaim the Gift Card subsequent to transferring the Gift Card back to Card Surge LLC; vi) the Gift Card or Electronic Gift Card and any interest in it is completely and legally transferable to Card Surge LLC in the way outlined by this Agreement, and is legally binding.

4.) You are the sole, legal proprietor of the Gift Card or Electronic Gift Card and all interests thereto; viii) the Gift Card or Electronic Gift Card is not subject to any liens, commitments, or encumbrances of an outside party.

5.) You must follow every other necessity to finish the refund, including, without confinement shipping guidelines, as required by the Service.

All request for refunds must be communicated to us within the time frame specified in the original listing and the decision to refund is granted based on Our Refund Policy and the Buyer Protection Policy, the initial method of purchase shall be employed to receive the refund, unless otherwise agreed upon.

 

21. RIGHT TO CONTACT YOU; RECORDING PHONE CALLS

Card Surge LLC or its agents may reach you utilizing autodialed or prerecorded calls and instant messages, at any phone number that you have given Us, to:

1.) Contact you regarding your Account.

2.) Investigate issues or problems with your Account.

3.) Resolve a dispute or investigate a dispute.

4.) Collection of debts or money owed to Card Surge LLC.

5.) Poll your opinions through surveys or questionnaires.

6.) As otherwise important to service your Account or enforce this Agreement, our Policies, applicable law, or any other Agreement we may have with you. Card Surge LLC may also contact you using autodialed or prerecorded calls and text messages for marketing reasons (e.g., offers and promotions).

If you choose not to respond within a reasonable amount of time to any requested communications from Card Surge LLC either by telephone or email you authorize Card Surge LLC to act on your behalf and take any action that it deems necessary to resolve the outstanding issue. By choosing not to respond within a reasonable amount of time you are releasing Card Surge LLC from all liability regarding the situation that initiated Our attempt to contact you or arising from it.

As described in Our Privacy Policy, Card Surge LLC may take other mobile numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, using your Card Surge Account Settings.

Card Surge LLC may share your telephone number with its authorized service providers. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Card Surge LLC to carry out the purposes we have identified above.

Card Surge LLC may, without further notice or warning and at its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Card Surge LLC or its agents for quality control and training purposes, or for its own protection.

 

22. MEMBER CONTENT

A few parts of the Service may permit Members to post remarks, questions, and other data, "Member Content". You are exclusively responsible for the Member Content that you transfer, distribute, show, link to or generally make accessible (hereinafter, "Post") on the Service, and you concur that We are just going about as a latent channel for your online dispersion and production of the Member Content. You comprehend that regardless of whether such Member Content is distributed, Card Surge LLC does not ensure or guarantee any privacy for any Member Content.

It is prohibited to post Member Content that:

1.) May make a danger of mischief, misfortune, physical or mental damage, passionate misery, demise, inability, deformation, or physical or emotional sickness to you, to some other individual, or to any creature.

2.) May make a danger of some other misfortune or harm to any individual or property.

3.) Tries to damage or expose children by presenting them to wrong substance, requesting for identifiable details or something else.

4.) May constitute or add to a wrongdoing or tort.

5.) Contains any data or substance that We decide to be unlawful, unsafe, injurious, racially or ethnically hostile, defamatory, encroaching, intrusive of individual protection or reputation rights, irritating, embarrassing to other individuals (openly or otherwise), offensive, undermining, profane, or generally shocking.

6.) Contains any data or substance that is illicit (counting, without impediment, the divulgence of insider data under security law or of another party's prized secrets); (vii) contains any data or substance that you don't have a privilege to make accessible under any law or under legally binding or guardian connections.

7.) Contains any data or substance that you know is not right and current.

You agree that any Member Content does not and will not disregard any third-party rights of any sort, including without restriction any Intellectual Property Rights (as characterized beneath), privileges of privacy and publicity and protection. Card Surge LLC saves the right, however is not committed, to dismiss and/or expel any Member Content that Card Surge LLC accepts, in its sole caution, disregards these arrangements.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Site. Such Member Content will become the property of cardsurge.com and you grant cardsurge.com the worldwide, perpetual and transferable rights in such Member Content. Cardsurge.com shall be entitled to, consistent with our Privacy Policy, use the Member Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Member Content you provide.

Card Surge LLC assumes no liability and expect no obligation for any Member Content that you or whatever other User or outside party Posts or sends over the Service. You comprehend and agree that any misfortune or harm of any sort that happens as an aftereffect of the utilization of any Member Content is your strict responsibility.

You comprehend and recognize that you might be presented to Member Content that is wrong, hostile, profane, frightful, or improper for children, and you agree that Card Surge LLC should not be at risk for any harms or damages both monetary and otherwise you claim to suffer as an aftereffect of such Member Content.

You agree that any Member Content You Post may be used by cardsurge.com, consistent with our Privacy Policy and rules of conduct on this Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

 

23. CLIENT CONTENT LICENSE GRANT

By posting any Member Content on the Service, you explicitly allow to Card Surge LLC an eminence free, sub licensable, transferable, ceaseless, permanent, non-selective, overall permit to utilize, imitate, adjust, circulate, openly perform, freely show, make subordinate works of and generally use all Member Content and your name, voice, and/or similarity as contained in your Member Content, in entire or to a limited extent, and in any structure, media or innovation, whether now known or in the future created, for use regarding the Service. You also grant every Member and User of the Service a non-exclusive access to your Member Content through the Service, and to utilize, duplicate, convey, show and perform such Member Content as allowed through the usefulness of the Service and under this Agreement.

The above licenses conceded by you in your Member Content end inside a monetarily sensible time after you evacuate or erase your Member Content from the Service. The above licenses allowed by you in Member Content for which the Service does not give you a way to erase or expel are ceaseless and irreversible.

 

24. END USER LICENSE GRANT

Subject to the Terms of this Agreement, Card Surge LLC thus grants you a non-exclusive, limited, non-transferable, non-sub licensable, unreservedly revocable permit to access and utilize the Service for your own use only. Card Surge LLC reserves all rights not explicitly allowed herein. This permit ends instantly upon any account suspension or other end via Card Surge LLC, which Card Surge LLC may enact at any time for any reason or for no reason.

 

25. DMCA NOTICE

Since We regard artist and substance proprietor rights, it is Card Surge LLC's policy to react to affirmed encroachment notice that conforms to the Digital Millennium Copyright Act of 1998 ("DMCA").

If you trust that your copyrighted work has been replicated in a way that constitutes copyright encroachment and is available by means of the Service, please tell Card Surge LLC's Legal Department as set forth in the DMCA.

For your objection to be substantial under the DMCA, you should provide the following information in writing:

1.) An electronic or physical signature of an individual approved to follow up in the interest of the copyright proprietor.

2.) ID of the copyrighted work that you assert has been encroached.

3.) ID of the material that is asserted to encroach and where it is located on the Service.

4.) Information sensibly adequate to allow Card Surge LLC to reach you, for example, your location, phone number, and, email address

5.) A statement that you have a good conviction that the utilization of the material in the way used is not approved by the copyright proprietor, its operator, or law.

6.) A statement, made under penalty of perjury, that the above data is exact, and that you are the copyright proprietor or are approved to follow up for the benefit of the proprietor.

The above data must be submitted to the following DMCA Agent:

  

Attn: DMCA NOTICE AGENT
Card Surge LLC Legal Department
965 Main Street South Suite 104
Sauk Centre, MN 56378-1769

  

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ALL ATTORNEYS' FEES.

As per the DMCA and other relevant law, Card Surge LLC has embraced an arrangement of ending, in fitting conditions and at Card Surge LLC's sole discretion, individuals who are deemed to be repeated infringers. Card Surge LLC may likewise at its sole caution limit access to the Service and/or end the listings of any Users or Members who encroach any licensed intellectual property rights of others, regardless of whether there is any repeat encroachment.

Please take note that this system is only to notify Card Surge LLC and its subsidiaries that your copyrighted material has been encroached. The previous necessities are planned to consent to Card Surge LLC's rights and commitments under the DMCA, including 17 U.S.C. §512(c), however, don't constitute legitimate advice. It might be prudent to contact a lawyer with respect to your rights and commitments under the DMCA and other pertinent laws.

 

26. WEBSITE CONTENTS

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on cardsurge.com is owned, controlled or licensed by or to Card Surge LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of cardsurge.com and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Express Prior Written Consent of the Card Surge LLC Legal Department.

You may use information on cardsurge.com, products and services purposely made available by cardsurge.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

For the purposes of this Agreement, "Licensed Innovation Rights" implies every single patent right, copyright rights, cover work rights, moral rights, privileges of reputation, trademark, trade dress and administration mark rights, goodwill, trade secrets rights and other protected innovation rights as may now exist or in the future appear, and all applications accordingly and registration, restorations and expansions thereof, under the laws of any state, nation, region or another purview.

 

27. INDEMNITY AND RELEASE

A) You agree to indemnify, defend and hold Card Surge LLC, its agents, suppliers, licensees, content providers, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of these Terms of Use and/or any use by you of the Services, the Website, or any element or component thereof.

B) Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use and/or any use by you of the Website and/or any Content you upload or transmit through the Website or Services.

 

28. ASSIGNMENT

This Terms and Conditions, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by Card Surge LLC solely without restriction.

A. Representing Law: You concur that: (I) the Service shall be based exclusively in Minnesota; and (ii) the Service should be considered a passive one that does not cause personal jurisdiction over Card Surge LLC, either specific or general, in a jurisdiction other than Minnesota. This Agreement shall be governed by the inward substantive laws of the State of Minnesota, without respect to its conflict of laws and standards. The use of the United Nations Convention on Contracts for the International Sale of Goods is explicitly rejected.

Any case or debate amongst you and Card Surge LLC that emerges in entirety or to some extent from the Service in all cases shall be first subject to Binding Arbitration as put forward in these Terms. If Binding Arbitration is deemed as not allowed for any reason the outcome of the dispute will be chosen solely by a court of equipped jurisdiction situated in the State of Minnesota.

B. Notice Procedures: Card Surge LLC may give notices, whether such notices are required by law or are for showcasing different business-related purposes (e.g., because any substantive changes to this Agreement), to you by means of email notification, composed or printed copy notice, or through obvious posting of such notice on our Site, as dictated via Card Surge LLC in Our sole tact. Card Surge LLC maintains whatever authority is needed to decide the structure and method for giving warnings to our Members or Users that you may quit certain method for notice as depicted in this Agreement. Card Surge LLC is not in charge of any automatic filtering you or your network provider may apply to email notices we send to the email address you give us.

We advise that you add notifications@cardsurge.com and support@cardsurge.com to your email address book to guarantee you receive email from us. Questions about these warnings may to be sent to:

  

Card Surge LLC Legal Department
965 Main Street South Suite 104
Sauk Centre, MN 56378-1769
 

C. Whole Agreement/Severability: This Agreement, together with any changes and any records referenced in this, will constitute the whole agreement amongst you and Card Surge LLC concerning the Service. If any arrangement of this Agreement is regarded as invalid by a court of capable jurisdiction, the deficiency of such arrangement will not influence the legitimacy of the rest of the arrangements of this Agreement, which will remain in full effect and impact. No organization, association, joint endeavor, or vocation is made as an aftereffect of this Agreement and no power of any sort is granted to tie Card Surge LLC in any respect whatsoever.

D. No Waiver: No waiver of any Term of Use might be considered a further or proceeding with waiver of such Term or some other Term, and Card Surge LLC's inability to assert any right or arrangement under this Agreement should not constitute a waiver of such right or arrangement. All waivers and changes to this Agreement must be in a written work signed by both parties expressly by its terms modifies or waives a provision of this Agreement.

 

29. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARD SURGE LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE VALUE OF YOUR TOTAL GIFT CARD TRANSACTIONS VIA THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NONE, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND CARD SURGE LLC'S REASONABLE CONTROL.

 

30. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF

IN THE EVENT OF ANY DISPUTE CARD SURGE LLC AND THE MEMBER OR USER OF THE SERVICE AGREE TO SUBMIT THE DISPUTE, IN ALL CASES, FIRST TO BINDING ARBITRATION USING THE AMERICAN ARBITRATION ASSOCIATION’S RULES AND GUIDELINES.

IF BINDING ARBITRATION IS NOT ALLOWED YOU AND CARD SURGE LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, UNLESS BOTH YOU AND CARD SURGE LLC AGREE OTHERWISE.

IN THE EVENT OF ARBITRATION THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS CLAIMS.

If any court decides that applicable law precludes enforcement of any of the above paragraph's limitations as to a claim for relief, then that claim (and only that claim) must be severed from the Arbitration and may be brought in court, subject to your and Card Surge LLC's right to appeal the court's decision. All other claims will be arbitrated.

 

31. ARBITRATION PROCEDURES

Arbitration is more informal than a lawsuit in court. Arbitration utilizes a neutral arbitrator rather than a judge or jury, and court review of an arbitration award is very limited. Nevertheless, an arbitrator can award the same damages and relief on an individual basis that a court can award to a person. An arbitrator has the responsibilities to apply the terms of the Terms and Conditions as a court would.

All issues and legal matters are for the arbitrator to decide and come to a resolution, except that legal issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to resolute and decide.

The Arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

An individual who chooses to seek Arbitration must first send to the second party, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to Card Surge LLC should be sent to Card Surge LLC’s Legal Department using the address listed below. Card Surge LLC will send any Notice to you to the physical address We have on file associated with your Card Surge LLC Account; it is your responsibility to keep your physical address updated. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Card Surge LLC are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Card Surge LLC may initiate Arbitration proceedings. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the Arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Card Surge LLC’s Legal Department using the address below. In the event Card Surge LLC Initiates Arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your cardsurge.com Account. Any settlement offer made by You or Card Surge LLC shall not be disclosed to the arbitrator.

The Arbitration hearing shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or Card Surge LLC may elect to have the Arbitration conducted by telephone or based solely on written submissions, which election shall be binding on You and Card Surge LLC subject to the arbitrator's discretion to require a hearing, if the circumstances warrant. In cases where a hearing is held, You and/or Card Surge LLC may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior Arbitrations involving the same cardsurge.com User to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

32. COSTS OF ARBITRATION

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate.

 

33. SEVERABILITY

Except for any of the provisions of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

 

34. OUR CONTACT INFORMATION

Please send any Terms of Use questions (including all inquiries unrelated to copyright infringement, please see above DMCA Section) regarding this Site to legal@cardsurge.com or to our post office address:

  

Card Surge LLC Legal Department
965 Main Street South Suite 104
Sauk Centre, MN 56378-1769

   

All other inquiries may be emailed to support@cardsurge.com or sent to this address:

 

Card Surge Member Services
965 Main Street South Suite 104
Sauk Centre, MN 56378-1769
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