We strongly advise you to add "[email protected]" and "[email protected]" to your email address book or safe senders list to ensure that you will receive email communications from Card Surge. Junk or Spam email filters may accidentally remove emails sent from Card Surge.
Card Surge is for the purchase and trading of “Gift Cards” (Plastic Gift Cards), “Electronic Gift Cards” (eGift Cards", "E-Gift Codes", "E-Gift Cards", "Gift Codes", "Gift Card Codes"), Physical Products ("Item", "Product", "Merchandise") Crypto eGift Cards, Crypto Vouchers and other pre-paid products which may be issued by third-party companies, known as “Merchants” or "Brands".
E.) 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 18 years. Therefore, you represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a legal parent or guardian with permission to do so.
3. PROHIBITED OR UNLAWFUL USES
A.) Make a collection or use of any product listings, descriptions, prices or images.
B.) Download, copy or transmit any Content for the benefit of any other merchant.
C.) Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided or publicly available browsers.
D.) Frame, mirror or use framing techniques on any part of the Site without Card Surge LLC’s express prior written consent.
F.) Use any meta tags or any other hidden text utilizing the Card Surge name.
G.) Misrepresent the identity of a User, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity about the Site, or express or imply that We endorse any statement you make.
H.) Conduct fraudulent or illegal activities on the Site.
I.) Violate or attempt to violate the security of the Site, including, without limitation:
1.) accessing data not intended for you or logging onto a server or an Account that you are not authorized to access; 2.) trying to change the behavior of the Site; 3.) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; 4.) attempting to interfere with Service to any User, host or network, including, without limitation, via means of submitting malware to the Site, overloading, ("flooding," "spamming," "mail bombing" or "crashing") 5.) forging any header or any part of the header information in any email or posting; or 6.) forging communications on behalf of the Site (impersonating Card Surge) or impersonating another User.
J.) Send unsolicited or unauthorized email on behalf of Card Surge, including advertising.
K.) Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site, or any activity being conducted on the Site.
L.) Use the Site to defame, abuse, harass, stalk, threaten or violate the legal rights of others, including others’ privacy rights or that of Card Surge LLC and managing parties.
M.) Harvest or collect personally identifiable information about Users of the Site.
N.) Use the Site to advertise or offer to sell or buy any goods or services without Card Surge’s express prior written consent.
O.) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
4. YOUR OVERALL CONDUCT
A.) You are solely responsible for your actions through this Site. You must ensure that your participation in the trading or purchase of Plastic Gift Cards or eGift Cards does not violate any applicable laws or regulations where you reside. By this we mean that you must check that you are entitled to purchase or trade Plastic Gift Cards or eGift Cards and that you are not prohibited from doing so by any law or regulation.
B.) 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 including against Card Surge LLC or managing parties.
5. USE OF THE CARD SURGE WEBSITE
You agree and confirm that your use of https://www.cardsurge.com shall be strictly governed by the following legally binding principles:
A.) Using our service to participate in any illegal activity, which includes money laundering, fencing, or any type of Gift Card fraud is strictly prohibited.
B.) 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];
C.) 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 or Members.
E.) Interferes with another Member's use and enjoyment of Card Surge Website or any other individual's enjoyment of Our similar Services.
F.) 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.
G.) 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.
H.) Impersonate another person or entity.
I.) 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.
J.) Provide information that is false, inaccurate or misleading.
K.) 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.
L.) Shall not create liability for Us or cause Us to lose (in whole or in part) the services of our ISP's or other suppliers.
M.) 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.
N.) You shall not attempt to gain unauthorized access to any portion or feature of the Card Surge Website or any other systems or networks connected to Card Surge Website or to any of Our servers, computers, networks, or to any of the Services offered on or through the Card Surge Website, by hacking, password “mining” or any other illegitimate means.
O.) You shall not probe, scan or test the vulnerability of the Card Surge Website or any network connected to the Website nor breach the security or authentication measures on Card Surge Website or any network connected to it.
P.) You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Card Surge Website, or any other customer of Card Surge, including any Card Surge Account not owned by you, to its source, or exploit the Card Surge Website or any Service or information made available or offered by or through the 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. This includes any merchant or comapny who may try to use Card Surge to investigate misconduct, fraud, or illegal activity on behalf of their company.
Q.) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Card Surge Website or Our systems or networks or any systems or networks connected.
R.) 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.
S.) You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Card Surge.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.
V.) You understand that Card Surge LLC has the right, always and especially in cases where a User has engaged themselves in fraud or illegal activity, to disclose any information (including the identity of the persons providing information or materials on the Card Surge 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 regarding the investigation and/or resolution of possible crimes, especially those that may involve personal injury or financial loss to Card Surge LLC or any other party involved.
W.) 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. U.S. GOVERNMENT ACTORS OR FOREIGN GOVERNMENT ENTITY USERS
7. CARD SURGE ACCOUNT REGISTRATION AND MEMBER ACCOUNTS
A.) There is no fee to become a registered Member of Card Surge and it may be required to get access to certain features of the Service. We may limit access to the Card Surge Website and services available to guests and visitors who have not registered a “Member Account”. Some Users will need to sign up with and create a “Member Account”, "Card Surge 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 Card Surge Account is being misused in any way.
B.) There are two types of Card Surge Accounts. All newly opened Card Surge Accounts are Unverified which means that the identity of the individual who has opened the Card Surge Account hasn't been officially verified by Card Surge LLC.
1.) Unverified Card Surge Accounts are newly opened accounts and they are limited in the amount of Products, Plastic Gift Cards, eGift Cards, and Crypto Gift Cards that can be purchased or traded before Card Surge will ask the Member to verify their identity by sumbitting additional documentation. You will be notified by email if Card Surge requests your identity information.
2.) The second type of Card Surge Account is a Verified Account. This means that you have successfully submitted documentation that proves your identity and Card Surge has reviewed and approved your submitted documents. These Card Surge Accounts are still subject to purchase and trade limits, but these limitations are typically higher than that of an Unverified Card Surge Account.
C.) You may never utilize another Member's Card Surge Account. When creating your Card Surge Account, you should give precise, complete, and accurate information. You are exclusively responsible for making sure that your Card Surge Account’s password is kept confidential and we strongly recommend changing your password at least once every 30 days.
Card Surge LLC cannot be held liable for unauthorized access of your Card Surge Account. You should notify Card Surge immediately of any unapproved usage or suspected unapproved usage or access of your Card Surge Account. Card Surge LLC cannot be held responsible for any actions taken by any individual unapproved access to your Card Surge Account. You may control your Member Profile and how you connect with the Service by changing the settings, where accessible in the My Account section on your Card Surge Account Dashboard.
D.) By giving Card Surge your email addresses you agree to allow us to send you Service-Related Notifications and Promotional Emails, 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. Even if you unsubscribe, we may still send you important emails related to your Card Surge Account and any transactions that take place on Card Surge.
8. LIMITATIONS OF PRODUCTS OR SERVICES
A.) 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 or information will be completely and entirely accurate.
B.) We reserve the right, but are not obligated, to limit the purchase of Plastic Gift Cards and eGift Cards 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, Service, or program at any time.
C.) Any offer for a 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. While we do make every reasonable effort to sell only highly rated products we cannot guarantee that any specific product sold on Card Surge will meet your individual expectations or quality standards.
The Money Back Guarantee Program is provided to all Members free of charge as an added layer of protection for any purchase made on the Card Surge Website and in cases where the manufacturer chooses not to honor the original manufacturer's warranty.
9. AVAILABILITY, ERRORS, AND INACCURACIES
A.) Card Surge’s acknowledgement of an Order means that your Purchase Order or Trade Order request has been received and is being reviewed; it does not mean that your Purchase Order or Trade Order has been accepted or shipped nor that the price or availability of an item has been confirmed.
B.) Card Surge 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.
C.) 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.
D.) Card Surge reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time with or without prior notice.
A.) The price for an item on Card Surge may differ from the price shown in a Member's shopping cart or on other Sites owned and operated by Card Surge LLC. On rare occasions, an item may be priced incorrectly or inaccurately.
B.) If the price for any item on Card Surge is incorrect and is higher than the price provided at the time of purchase, then, at the sole discretion of Card Surge, Card Surge may either 1.) contact the Member for instructions before shipping the item or charging the Member or User for such item; 2.) cancel the order for such item and notify the Member or User of such cancellation and provide a refund; or 3.) ship the item at the incorrect price to the benefit of the Member.
C.) Please note that this policy regarding pricing applies only to items sold on Card Surge. Any purchases from any third-party sellers (e.g., sellers of products provided via Card Surge) may be subject to different policies in the event of an incorrectly priced item.
11. PLASTIC GIFT CARDS AND EGIFT CARDS
A.) The Service may permit you to trade or purchase Plastic Gift Cards, Electronic Gift Cards, eGift Cards, E-Gift Cards or the like that are issued and redeemable for goods or services by third party Merchants. You consent to pay all pertinent assessments and charges imposed by any administrative entity or merchant regarding your utilization of the Service.
B). If you have any questions about an individual Merchant’s polices or procedures regarding redemption of any Plastic Gift Cards or eGift Cards purchased on Our Site please contact the Merchant directly.
C.) Card Surge does not issue any of the Brand Name Plastic Gift Cards or eGift Cards sold on Card Surge and is not related to any of these Merchants. Card Surge is not responsible for setting any of these Merchant’s rules or policies regarding their Plastic Gift Cards or eGift Cards and their redemption policies and rules.
12. REDEEMING PLASTIC GIFT CARDS AND EGIFT CARDS
A.) Your purchase of any Plastic Gift Card or eGift Card on Card Surge is governed by certain terms and conditions established by the issuing Merchant. If you have questions regarding the Merchant’s Gift Card terms and conditions or the Merchant's rules regarding redemption, please contact the issuing Merchant directly or consult the Merchant’s website.
B.) By purchasing a Plastic Gift Card or eGift Card on the Card Surge Website, you acknowledge that various merchants may have different rules and policies regarding redeeming the Plastic Gift Cards or eGift Cards that you purchased, for example some eGift Cards may only be used on the Merchant’s website and not in their actual store location. Plastic Gift Cards and eGift Cards may be subject to various other terms and conditions of a specific Merchant or type of Gift Card, including various limitations placed on use of the Plastic Gift Card or eGift Card, combinations with other offers, redemption and use rules, and whether a Plastic Gift Card or eGift Card can be used online, in the store or both. You agree specifically to have read and accepted the Merchant's terms and conditions when you agree to purchase a Plastic Gift Card or eGift Card on the Card Surge Website.
C.) Card Surge LLC is not a party to any transaction that you enter with the Merchant because of purchasing a Plastic Gift Card or eGift Card. Card Surge is not responsible for the quality of goods or services you receive from any Merchant when redeeming eGift Cards or Plastic Gift Cards purchased on the Card Surge Website. Products or services purchased through another Merchant using a Plastic Gift Card or eGift Card that you purchased on the Card Surge Website are not covered under the Money Back Guarantee Program.
D.) If a Merchant goes out of business or files for bankruptcy before your use any or all of the value of your Plastic Gift Card or eGift Card purchased from Our Site, you understand that your sole and exclusive recourse with respect to the unused value of the Plastic Gift Card or eGift Card for the Merchant is with the Merchant exclusively and not with Card Surge LLC. As an unsecured creditor, you may or may not be able to recoup the value of any unused Plastic Gift Card or eGift Card from the Merchant directly. Our Money Back Guarantee does not apply if a Merchant refuses to honor its Plastic Gift Cards or eGift Cards due to going out of business, filing for bankruptcy, or discharge of the Merchant's debts due to company reorginization.
E.) You recognize and agree that you will pay for any Plastic Gift Cards or eGift Cards that you purchase from Card Surge with a legitimate credit card or debit card (that you are approved to utilize) or by another payment method as the Service may permit. Generally, we'll charge you 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 or available funds.
F.) Any Member who experiences a problem with a Plastic Gift Card, eGift Card, Crypto Gift Card, or Product that they purchased on the Card Surge Website must contact Card Surge Member Support for assistance. If the Member chooses to file a dispute with their Bank or Credit Card Company, their Card Surge Account may be charged a processing fee of up to $50.00 per disputed transaction and interest of 2.5% per month for any outstanding amounts owed to Card Surge LLC. Any outstanding balances owed may be sent to a collections agency to recoup the funds, this may impact the Member's personal credit score negatively.
G.) You agree that by using Card Surge You are solely responsible for understanding and complying with each Merchant’s rules and policies regarding redeeming Plastic Gift Cards or eGift Cards. You agree to release Card Surge LLC and its affiliated companies from any damages, monetary loss, or complications you may experience while redeeming a Plastic Gift Card or eGift Card that you purchased on our Site with the exception of the situations covered in Our Money Back Guarantee Program which provides the Member with a full refund under certain covered conditions.
13. CARD SURGE REWARDS PROGRAM
Card Surge Rewards was created to reward Members for certain purchases that they make on Card Surge.com.
The Card Surge Rewards program is subject to the following rules:
A.) Rewards (Cash Back) are applied to a Member's account when they purchase a qualifying Product, Plastic Gift Card or eGift Card from Card Surge.com. Some Products, Plastic Gift Cards and eGift Cards do not earn any Card Surge Rewards. Please check each individual listing carefully to determine if you will earn Card Surge Rewards by purchasing that specific Product, Plastic Gift Card or eGift Card.
B.) Plastic Gift Cards, Products or eGift Cards that earn Card Surge Rewards are indicated by the presence of accompanying text which indicates the amount of Card Surge Rewards that will be earned by purchasing that Product, Plastic Gift Card or eGift Card.
C.) There is no limit to the amount of Card Surge Rewards that any Member can earn or redeem towards purchases on Card Surge.com.
D.) Any remaining Card Surge Rewards that are not automatically applied towards the Member's purchase will remain in their Card Surge Account until all Card Surge 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 Card Surge.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 purposes.
G.) Card Surge Rewards may be removed by Card Surge LLC from a Member's Rewards Account if it is determined by Card Surge that the Card Surge Rewards were earned by a Member who committed fraud or attempted to commit fraud using Our Site.
H.) If a Member's Card Surge Account is suspended or terminated by Card Surge LLC 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 Card Surge 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.
14. TRADING PLASTIC GIFT CARDS OR EGIFT CARDS
A.) When you offer a trade of any Plastic Gift Card or eGift Card to Card Surge by means of the Service or Website ("Trade Order"), the Plastic Gift Cards or eGift Cards and any balances contained on them are legally transferred to Card Surge LLC when you submit your Trade Order. You agree that you won't try to recover any amount of the Plastic Gift Card or eGift Card after it has been transferred to Card Surge LLC regardless of the amount of time that has passed since the transaction.
C.) To prevent fraud and other types of illegal activity, We only trade (to a specific merchant) Plastic Gift Cards or eGift Cards with a balance of between $10.00 USD and $500.00 USD with a maximum payout amount of $1000.00 USD per Trade Order. If you are requesting to receive a payout higher than $1000.00, you will need to submit multiple Trade Orders. We do not accept Plastic Gift Cards or eGift Cards that expire or in currencies other than USD.
D.) The Member warrants regarding any Plastic Gift Card or eGift Card offered for trade on the Service, the following:
1.) The Plastic Gift Card or eGift Card has value and is redeemable for the balance that you state through the Service.
2.) You have not at all held an approach to reclaim the balance after offering the Plastic Gift Card or eGift Card for sale.
3.) The Plastic Gift Card or eGift Card and any interest in it is completely and legally transferable to Card Surge LLC in the way outlined by this Agreement, without disregarding any authority or right of another party.
4.) You are the sole, legitimate owner of the Plastic Gift Card or eGift Card and all interests of it.
5.) The Plastic Gift Card or eGift Card is not subject to any liens, commitments, or encumbrances of any third party.
6.) You must follow every single other prerequisite to finish the transaction, including, without confinement shipping directions, as required by the Service.
F.) To prevent fraud, illegal activity, and misuse in some instances we may request that a Member provide identification information. The Member will be notified by email if Card Surge is requesting that the Member provide identification information. In instances where the Member chooses not to provide identification information or if the information provided by the Member is significantly different from the information used to open the Card Surge Account, we may temporarily hold the payout from any Trade Order for 10 to 180 days or longer depending upon the circumstances. This decision will be based on many factors including the risk level of the transaction, the Member's Card Surge Account history, amount of the payment, and the likelihood that the Member has engaged in illegal or fraudulent activity or if the Member is likely to owe funds to Card Surge LLC in the future.
G.) If the Member requests to cancel the Trade Order after it has already been placed it shall be the official policy of Card Surge to cancel the Trade Order and return the Plastic Gift Cards or eGift Cards to the Member if possible. If any portion of the Trade Order has already been liquidated by Card Surge, then we cannot cancel the Trade Order and Card Surge will proceed with the transaction as previously agreed upon at the time the Trade Order was placed.
H.) We cannot offer to trade Plastic Gift Cards or eGift Cards in any other currency other than USD currency. Card Surge reserves the right to refuse a Trade Order for any Plastic Gift Card or eGift Card for any reason or for no reason at all.
I.) If Card Surge refuses a Trade Order for a Plastic Gift Card or eGift Card for any reason, the Plastic Gift Card or eGift Card will be returned to the Member and Card Surge LLC will not hold any approach to the Plastic Gift Card or eGift Card for which the Trade Order was declined. Card Surge LLC is not responsible for any unexpected changes in balances of Plastic Gift Cards or eGift Cards while Trade Orders are being processed for payout. Card Surge LLC is not responsible for any future changes in balances of any eGift Cards or Plastic Gift Cards that are declined for payout. The Member is solely responsible for the balances of all Plastic Gift Cards or eGift Cards that are submitted to the Card Surge website.
J.) If a Member submits a Trade Order including Plastic Gift Cards, Card Surge may begin to liquidate the Plastic Gift Cards immediately regardless if the actual Plastic Gift Cards have been received by Card Surge LLC in the mail or not. If We do not receive the Plastic Gift Cards in the mail within 2 weeks of the Trade Order being submitted, the Trade Order may be converted to Electronic Delivery and the Member's payment will be adjusted to reflect the new payout amounts for Electronic Delivery rather than Mail Delivery. This will affect the total payout that the Member receives.
K.) Card Surge is not responsible for any mistakes that are made while entering Plastic Gift Card or eGift Card numbers or PIN numbers and we strongly encourage all Members to verify all data before submitting it for processing.
L.) Any Member who receives more than $2000.00 in cash payments during their lifetime will be required to provide identity information. Any Member that receives more than $10,000.00 in cash payments during their lifetime will be required to complete a W9, provide their social security number, or bank account information in order to remain tax compliant.
M.) Members may be required to provide images or receipts for Plastic Gift Cards or eGift Cards Traded if requested.
N.) All Trade Orders must be placed through the Card Surge Website. Card Surge will not accept Trade Orders sent using any other method. Any Plastic Gift Cards or eGift Cards sent to Card Surge by any means other than through the Website will be automatically considered abandoned and will be handled according to the abandoned Gift Card Policy.
Submission of any Plastic Gift Card or eGift Card that was purchased with points or rewards may be denied by the issuing Merchant which could lead to a complete loss of the balance contained on the Plastic Gift Card or eGift Card without any recourse for the Member who placed the Trade Order. In addition to this, Card Surge may charge the Member a processing fee equal to 20% of the payout to recoup processing costs and personnel costs related to the unsuccessful transaction.
For Trade Orders containing Plastic Gift Cards or eGift Cards that were purchased with points or rewards, Card Surge LLC can only issue payouts for Plastic Gift Cards or eGift Cards that the Merchant is willing to honor. It is the Member's sole responsibilty to make sure that they understand and accept all risks, and comply with all rules and regulations regarding any Plastic Gift Cards or eGift Cards that were purchased with points or rewards before submitting them on Card Surge, including possible complete loss of funds or balances without any legal or financial recourse for the Member who placed the Trade Order. Trade Orders containing Plastic Gift Cards or eGift Cards that were purchased with points or rewards may be subject to additional required documentation and processing delays as deemed solely by Card Surge LLC.
Card Surge LLC is not responsible for any legal damages or losses, monetary or otherwise that result from a Member trading Plastic Gift Cards or eGift Cards that were purchased using any points or rewards programs. By submitting Plastic Gift Cards or eGift Cards that were purchased with points or rewards the Member understands and agrees to irrevocably release Card Surge LLC from all liability and accept full risk and responsibility for any and all financial losses that may be incured should the issuing Merchant choose not to honor the Plastic Gift Cards or eGift Cards that were purchased with points for any reason or if the issuing Merchant decides to remove the funds from those Plastic Gift Cards or eGift Cards. In thse cases the Member who submitted the Trade Order would need to contact the issuing Merchant directly or their credit card company to resolve any questions or complaints.
15. UNVERIFIED CARD SURGE ACCOUNTS
Unverified Card Surge Accounts are accounts for which the Member has not yet provided information to prove the identity of the Member who opened the Card Surge Account. Members who are using Unverified Card Surge Accounts may sell up to $2000.00 in eGift Cards or Plastic Gift Cards during their lifetime, however, Unverified Card Surge Accounts are subject to additional restrictions and limitations.
If your Card Surge Account is Unverified you are still able to use your Card Surge Account to trade gift cards or make purchases, however, Unverified Card Surge Accounts could be subject to these additional restrictions and limitations:
A.) Extended hold periods before payouts are issued.
B.) Delayed or intermittent processing of payouts issued.
C.) Alternate payout methods used to issue payouts.
D.) Changes in payout amounts or frequency of payouts issued.
E.) A complete Risk Assessment and request for identifying information.
F.) The Trade Order being declined for Payout.
16. PAYOUTS FOR TRADE ORDERS
A.) All Trade Orders that are submitted must go through an initial review process before they can be approved for payout. The amount of time required for the intial review process may vary for each Trade Order based on a variety of factors. Trade Orders for which the Member selects the Fast Track Payout option will receive priority in regards to processing time and will generally be processed more quickly than Trade Orders which utilize the Standard Payout option.
B.) Standard Payouts for Members are typically issued 10 to 15 business days after the Trade Order has been reviewed and approved for Payout unless otherwise communicated by email.
C.) Fast Track Payouts are typically issued 5 to 7 business days after the Trade Order has been reviewed and approved for Payout unless otherwise communicated by email. Trade Orders that utilize the Fast Track Payout option will be given priority in regards to the initial review process which means that Trade Orders which use the Fast Track Payout option will generally be processed and approved for Payout faster than Trade Orders that utilize the Standard Payout option.
D.) Trade Orders for Plastic Gift Cards that are mailed may not be approved for payout until Card Surge receives the Plastic Gift Cards in the mail. The date specified in the Trade Order Approval email will be your estimated payout date and is subject to change depending on a variety of factors including risk level, requested amount, Card Surge Account status, and a variety of other factors as deemed by Card Surge's sensible caution.
E.) The estimated payout date is a best guess estimate of when the payout will be issued to the Member. It does not guarantee payout by certain date nor does it create a legally binding contract for payout by a certain date. Card Surge uses a risk-based algorithm to determine the frequency and amount of payouts that are issued to Members. The final decision regarding the timing and amount of the Payouts will be made by the Risk Management Team.
F.) You may be able to utilize other third-party processors to receive payouts for Plastic Gift Cards or eGift Cards you trade. 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 processor. Any payout made through a third-party service shall be considered as a separate and unrelated transaction and may be subject to fees charged by the third-party company. It is the responsibility of the Member to assure that they can successfully use the third-party processor to receive the payout for the Trade Order. If you choose to receive your payout by using a third-party processor, Card Surge LLC, shall be considered as an uninvolved party to the actual transfer of the funds ot the individual Member.
G.) Card Surge LLC cannot be held responsible for any monetary damages or other damages that may result from using a third-party service for payouts and cannot guarantee that any individual processor will provide a certain payout. Third-party processors have their own terms and conditions and privacy policies they follow, and you should familiarize yourself with these policies before using any third-party service to receive a payout from Card Surge.
H.) By electing to use a third-party service to receive payout for any item sold on Our Site you agree to immediately and irrevocably release Card Surge LLC from all liability regarding the payout 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 payout has been issued as agreed upon using the third-party processor's service or an alternate payout method if necessary. Once a payout has been issued it cannot be changed.
I.) Payouts for Members may be limited daily or weekly and issued until the total payout for the Trade Order has been satisfied in full. Please be aware that this will affect the amount of time it takes to receive the full payout from the Trade Order. This decision will be primarily based on the risk level of the Trade Order and the Member's Card Surge Account history. Card Surge may choose not to disclose information to individual Members regarding decisions affecting payout amounts or frequency of payouts.
J.) Occasionally, third-party processors may restrict or block payouts to certain email addresses or crypto addresses for a variety of different reasons. Because this is outside the reasonable control of Card Surge, in these situations, payouts shall be issued using an alternative method decided by Card Surge.
K.) To prevent fraud and illegal activity, in some cases we may request that a Member provide identity information. The Member will be notified by email and provided with instructions regarding how to provide identity information. The Member is not required to provide identity information unless they receive payouts in excess of $2000.00 during their lifetime. This decision will be made by the Risk Management Team and will be based on many factors including the riskiness of the Trade Order, the Member's Card Surge Account history, amount of the payout, and the likelihood that the Member has engaged in illegal or fraudulent activity or is likely to owe funds to Card Surge LLC in the future.
L.) To protect our Member's purchases, Card Surge holds Members who submit Trade Orders financially responsible for the Plastic Gift Cards and eGift Cards they trade on Card Surge. If a Member reports a problem with a Plastic Gift Card or eGift Card they purchased on the Card Surge Website under our Money Back Guarantee Program, Card Surge will investigate the claim. If Card Surge decides that the claim is valid, the Member who submitted the Trade Order will be debited for the amount of the claim in addition to a 20% processing fee.
The debited amount will include the total payout previously sent to the Member in addition to a 20% processing fee and will be subtracted from any outstanding payouts owed to the Member. If there are no pending payouts owed to the Member or if the Member has already been paid for the Plastic Gift Card or eGift Card, then the Member's Card Surge Account will be debited and will reflect a negative balance. The 20% processing fee is necessary to recoup losses related to reversing the transaction and time spent tracking individual gift cards in our system. It is not intended to be a punitive fee.
M.) Members who submit Trade Orders may dispute any amount debited to their Card Surge Account by emailing [email protected] for assistance. The Member will need to submit supporting documentation in order to establish their basis for the dispute. The final determination regarding the Money Back Guarantee Claim and the Member's dispute will be decided solely by Card Surge LLC based on the information provided by the Member who purchased the Gift Card and the Member who submitted the Trade Order and Card Surge's sensible caution and fairness.
17. ABANDONMENT POLICY
A.) Occasionally, We receive Plastic Gift Cards or Returned Products 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 Plastic Gift Cards or Returned Products to Our processing center they include clear information to identify their return. The Member 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 to Card Surge or print and include a copy of the Purcase Order or Trade Order email with the return.
Failure to include clear and legible identifying information with your return may result in delayed processing. Your return may be unidentifiable and considered as “Abandoned”.
B.) In cases where we receive returns without any identifying information or information that is not legible, We will use every reasonable effort to attempt to identify the owner. If We are not able to identify the owner, then the return shall be considered by Us as "Abandoned" and shall be subject to this Policy.
C.) Card Surge will not use or attempt to use the Plastic Gift Cards as we have no legal right to them, and the Abandoned Plastic Gift Cards shall be destroyed and disposed of after a 90 day hold period. Any abandonded products that are returned will be donated to a charity chose by Card Surge LLC.
18. PURCHASE & TRADE ORDER CONFIRMATION
A.) Any Purchase Order Confirmation or Trade Order Confirmation does not signify Our acceptance, nor does it constitute confirmation of Our offer to complete the transaction.
B.) At any time after receipt of a Purchase Order or Trade Order, We may accept, decline, limit quantities, or place other limits or holds on any Purchase Order or Trade 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 Purchase Order or Trade Order, We will attempt to notify the Member or User using the email address provided to Us. If We cancel an Purchase Order that We have already charged for, We will refund the full amount or the canceled portion of the order to the original payment method used.
19. HOLDS, FEES, AND LIQUIDATIONS
A.) To protect and keep Card Surge LLC safe from risk of liability from actions by Members who submit Trade Orders or Members who make purchases, Card Surge LLC may hold access to funds or merchandise regarding certain factors, including, but not limited to, selling history, Member's Card Surge Account performance, returns, riskiness of the transaction, transaction value, or the filing of a Money Back Guarantee Claim under Our Money Back Guarantee Program. This may result in further restrictions being placed upon your Card Surge Account and possible outstanding balances being owed to Card Surge LLC.
B.) To prevent fraud, illegal activity, and misuse in some instances we may request that a Member complete an identity verification. In instances where the Member chooses not to complete the identity verification or if the information provided by the Member during the identity verification is significantly different from the information used to open the Card Surge Account, We may temporarily hold the payout of any Trade Order for 10 to 180 days or longer depending upon circumstances. This decision will be based on many factors including the riskiness of the Trade Order, the Member's Card Surge Account history, amount of the payout, and the likelihood that the Member has engaged in illegal activity or is likely to owe a balance to Card Surge LLC in the future.
C). If a Merchant chooses not to honor a Plastic Gift Card or eGift Card that a Member has Traded on the Card Surge Website for any reason, Card Surge will charge a processing fee equal to 20.00% of the eGift Card or Plastic Gift Card balance. This processing fee is necessary to cover expenses related to personnel costs and the tracking individual gift cards in our system and will be charged on a per eGift Card or Plastic Gift Card basis.
D). If Card Surge does not receive Plastic Gift Cards in the Mail within 10 days of the date that the Trade Order was submitted, the entire Trade Order will be converted to Electronic Delivery and the Payouts will be adjusted accordingly. Card Surge will charge a a processing fee to cover the cost of making the necessary changes and updates to the Trade Order. The processing fee will be equal to 20.00% of the balance of each Gift Card included included in the Trade Order.
E.) You agree by using Our Website that any Plastic Gift Card or eGift Card that is submitted to Card Surge maybe liquidated on your behalf and the proceeds allocated to Card Surge LLC if it is determined that you currently have or are likely to have outstanding balances owed to Card Surge LLC in the future.
This can happen for instance when a Buyer reports a problem with a Plastic Gift Card or eGift Card and files a claim under Our Money Back Guarantee Program. For example, in situations where we must refund the Member who purchased the Plastic Gift Card or eGift Card because that Member was not able to redeem the full balance due to having an incorrect balance or balance that suddenly changes to zero.
F.) If a Member's Card Surge Account remains with a negative balance for more than 30 days, Card Surge LLC may charge an interest charge of 2.5% of the total monthly balance owed to Card Surge LLC. If a Member's Card Surge Account remains with a negative balance for more than 120 days, it may be sent to a collections agency for recovery of funds. This may affect the Member's personal credit score.
G.) Members are responsible for all Payout sending fees charged by third-party processors. In instances where a third-party processor charges Card Surge LLC a fee for sending Payouts to a Member, Card Surge LLC may deduct those amounts from the Member's Payouts to recover the sending fees already paid by Card Surge LLC on the Member's behalf. You will be notified by email if your requested third-party processor has decided to charge a fee for Card Surge LLC to send Payouts to you.
H.) Any Member who experiences a problem with a Plastic Gift Card, eGift Card, Crypto Gift Card, or Product that they purchased on the Card Surge Website must contact Card Surge Member Support for assistance. If the Member chooses to file a dispute with their bank or credit card company rather than contacting Card Surge for assistance, their Card Surge Account may be charged a processing fee of up to $50.00 per disputed transaction and interest of 2.5% per month for any outstanding amount owed to Card Surge LLC. Any outstanding balance owed may be sent to a collections agency to recover the funds. This may impact the Member's personal credit score negatively.
20. DELIVERY OF PRODUCTS, PLASTIC GIFT CARDS, AND EGIFT CARDS
A.) Shipping and delivery will be free for the Member who makes the purchase.
B.) 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 Products or Plastic Gift Cards are shipped to your correct mailing address. All Products or Plastic Gift Cards will be mailed to the mailing address associated with your Card Surge Account via the United States Postal Service or another carrier and tracking information will be provided upon shipment.
C.) Every effort will be made to deliver eGift Cards in 24 hours or less. In rare circumstances it may take up to 48 hours to receive your eGift Card, for example during peak busy times. All eGift Cards are delivered to the email address associated with your Card Surge Account and may be redeemed using the provided Gift Card Number and PIN Number provided.
D.) You acknowledge that all eGift Card numbers and PIN numbers sent to your Card Surge Account email address are able to be delivered to a secure location that only You have access to. You are solely responsible for preventing other parties access to your Card Surge Account email address and eGift Card information that resides within your Card Surge Account email address. Unauthorized access to a Members email by another person or entity resulting in a loss of eGift Card or Crypto eGift Card balance is not covered under our Money Back Guarantee Program.
21. MONEY BACK GUARANTEE PROGRAM
A.) In the event you purchase any Products, Plastic Gift Cards, eGift Cards, Crypto eGift Cards, or Crypto Vouchers using the Card Surge Website, Card Surge LLC makes certain constrained guarantees ("Money Back Guarantee Program") with respect to your purchase, as depicted on the Money Back Guarantee webpage and thus fused herein by reference.
B.) All claims based on the Money Back Guarantee must be submitted by filling out and submitting the Return Request Form or by sending an email to [email protected] within a period of 1 year (365 days) starting from the date the Member's purchase.
D.) The Money Back Guarantee Program applies only to purchases made on the Card Surge website. Purchases made through other sales channels are not included in the Money Back Guarantee Program.
E.) Any Buyer that is not able to redeem their eGift Card or Plastic Gift Card for any reason other than a Merchant filing for bankruptcy is entitled to a full or partial refund under this program unless it is determined by Card Surge LLC that the Member has engaged in fraudulent or illegal activity in which case no refund will be provided.
F.) Any product purchased on the Card Surge Website that does not last for at least 1 full year may be eligible for a product replacement, full refund, partial refund, or store credit subject to inspection and approval by Card Surge. The Product must have failed under normal use circumstances while being used for it's designanted purpose only.
G.) The method used to satisfy obligations under the Money Back Guarantee Program will be decided solely by Card Surge and may include a product replacement, full refund, partial refund, or store credit.
H.) The Money Back Guarantee is non-transferrable and can only be utilized by the Member who originally purchased the Product that is subject to the claim.
I.) Products or services purchased through another Merchant using a Plastic Gift Card or eGift Card that you purchased on the Card Surge Website are not covered under the Money Back Guarantee Program.
22. RETURN POLICY
A.) Members may return any item purchased on the Card Surge Website for a full refund up to 30 days after the purchase date for free.
B.) The returned item must still be in new condition and cannot have been used.
C.) Clothing that is the incorrect size can be returned for a full refund.
D.) The returned item cannot be damaged or diminished in any way.
E.) Members must fill out and submit the Return Request Form within 30 days of the original purchase date.
F.) Card Surge will provide the Member with a free return shipping label and return instructions.
G.) Refund provided is contigent upon reception and inspection of the returned item.
H.) The same method used to purchase the item will be utilized to provide the refund.
I.) Plastic Gift Cards, eGift Cards, and Crypto Gift Cards cannot be returned, however, they are covered by the Money Back Guarantee Program.
J.) Crypto eGift Cards and Crypto Vouchers cannot be returned, however, they are covered by the Money Back Guarantee Program. Crypto eGift Cards and Crypto Vouchers do not expire or incur fees over time.
K.) For additional help with a return, Members should email Card Surge Member Support at: [email protected]
23. RIGHT TO CONTACT YOU & RECORDING PHONE CALLS
A.) Card Surge LLC or its agents may reach you utilizing autodialed or prerecorded calls and instant text messages, at any phone number that you have given Us, to:
1.) Contact you regarding your Card Surge Account, Purchases, or Sales Orders.
2.) Investigate issues or problems with your Card Surge Account, Purchases, or Sales Orders.
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 Card Surge 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). Standard data and messaging rates may apply.
B.) If you choose not to respond within a reasonable amount of time to any communications or request for additional information from Card Surge LLC either by 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 any undesired outcome arising from it.
E.) Card Surge LLC may, without further notice or warning and at its sole discretion, monitor or record telephone conversations with you or anyone acting on your behalf for quality control and training purposes, or for Our protection.
24. MEMBER SUBMITTED CONTENT
A.) Some 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" or "Member Content") 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.
B.) 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 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);
a.) contains any data or substance that you don't have a privilege to make accessible under any law.
7.) Contains any data or substance that you know is not right and current or accurate.
C.) 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.
E.) Card Surge LLC assumes no liability and expect no obligation for any Member Content that you or whatever other User or outside party Posts, sends or contributes 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 and sole responsibility.
F.) You comprehend and recognize that without Card Surge LLC's advance knowledge of such issue, 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.
25. CLIENT CONTENT LICENSE GRANT
A.) 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.
B.) 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.
26. 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. Card Surge LLC reserves all rights not explicitly allowed herein. This permit ends instantly upon any Account suspension via Card Surge LLC, which Card Surge LLC may enact at any time for any reason or for no reason with or without communication.
27. DMCA NOTICE
A.) 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").
B.) 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
PO BOX 144
Sauk Centre, MN 56378-0144
C.) 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 attorney's fees.
D.) 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.
E.) 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.
28. WEBSITE CONTENTS
A.) 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 Card Surge.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.
C.) You may use information on Card Surge.com, products and services purposely made available by Card Surge LLC 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 2.) not make any additional representations or warranties relating to such documents.
D.) For the purposes of this Agreement, "Licensed Innovation Rights" implies every single patent right, copyright right, 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 now exist or may appear in the future, and all applications accordingly and registration, restorations and expansions thereof, under the laws of any state, nation, region or purview.
29. INDEMNITY AND RELEASE
30. ASSIGNMENT OF LICENSE
B.) Representing Law: You concur that: 1.) the Service shall be based exclusively in Minnesota; and 2.) 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.
D.) Notice Procedures: Card Surge LLC may send 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.
E.) 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.
F.) 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.
31. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Card Surge LLC, it's 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 including Merchants who use the Card Surge.com website for any purpose other than it's intended purpose.
B.) For any amount in the aggregate in excess of the value of your total Plastic Gift Card or eGift Card transactions via the Service.
C.) Any matter beyond Card Surge LLC's reasonable control including actions taken by Members, Issuing Merchants, or Users of the Website or Services.
32. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
A.) In the event of any legal or civil dispute Card Surge LLC and the User of the Service agree to submit the dispute, in all cases, to Binding Arbitration using the American Arbitration Association's rules and guidelines.
B.) If Binding Arbitration is legally prohibited for any reason You and Card Surge LLC agree that claims against the other party may only be pursued 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.
C.) 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 party's claims.
D.) 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.
33. BINDING ARBITRATION PROCEDURES
B.) 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.
C.) 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.
D.) Any 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.
E.) 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 Card Surge.com Account. Any settlement offer made by You or Card Surge LLC may not be disclosed to the arbitrator.
F.) 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 or remote access viewing, unless the arbitrator requires otherwise.
G.) 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 Card Surge.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.
34. COSTS OF ARBITRATION
Payment of all filing, administration and arbitrator fees will be fairly governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate or agreed upon by both parties in writing.
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.
36. CONTACT INFORMATION
Card Surge LLC Attn: Legal DepartmentPO BOX 144
Sauk Centre, MN 56378-0144
All other inquiries may be emailed to [email protected] or sent to this address:
Card Surge Member ServicesPO BOX 144
Sauk Centre, MN 56378-0144