We strongly advise you to add "[email protected]" and "[email protected]" to your email address book or safe senders list to help ensure that you will receive emails from us. Junk or Spam email filters may accidentally remove emails sent from Card Surge.
Card Surge.com is for the purchase and selling of “Gift Cards” (Plastic Gift Cards), “Electronic Gift Cards” (eGift Cards", "E-Gift Codes", "E-Gift Cards", "Gift Codes") and other closed loop pre-paid products 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.
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 Card Surge Marketplace’s 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 the Card Surge Marketplace Site) or to the Site (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.
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 Selling or Buying 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 sell or buy 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.
5. USE OF THE CARD SURGE WEBSITE
You agree and confirm that your use of https://cardsurge.com shall be strictly governed by the following 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.com 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 ISPs 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 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.
O.) 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.
P.) 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 Card Surge.com, including any Card Surge.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.
Q.) 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.
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.
W.) 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.
X.) 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.com and it may be required to get access to certain features of the Service which could include buying or selling Gift Cards or eGift Cards. We limit access to Card Surge.com 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 Member Account is being misused in any way.
B.) There are two types of Member Accounts. All newly opened Card Surge accounts are unverified accounts which means the identity of the individual who has opened the account hasn't been officially verified by Card Surge.
1.) Unverified accounts are newly opened accounts and they are limited in the amount of Gift Cards and eGift 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 email if Card Surge requests 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 accounts can still be subject to purchase and sale limits, but these limitations are typically higher than that of an unverified account.
C.) 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 immediately of any unapproved usage or suspected unapproved usage of your Member Account. Card Surge 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 in the My Account section on your Dashboard.
D.) By giving Card Surge 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. 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.
E.) To make our Service easier to use it is best to provide Card Surge with a mobile phone number, We may send instant message alerts and offers. If provide Card Surge with a mobile phone number, you approve Us to utilize a robotized dialer or message service to send the messages.
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 accurate.
B.) We reserve the right, but are not obligated, to limit the sales of 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.
9. AVAILABILITY, ERRORS AND INACCURACIES
A.) Card Surge.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.
B.) If an item is out of stock, Card Surge may, at its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Card Surge, 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.
C.) 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.
D.) 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.
E.) Card Surge 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.
A.) The price for an item on Card Surge.com 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.
B.) If the price for any item on Card Surge.com 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.com. Any purchases from any third-party sellers (e.g., sellers of products provided via Card Surge.com) 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 sell or purchase 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 Gift Cards or eGift Cards purchased on Our Site please contact the Merchant directly.
C.) Card Surge does not issue any of the Gift Cards or eGift Cards sold on Card Surge.com 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 Gift Cards or eGift Cards and their redemption policies.
12. REDEEMING PLASTIC GIFT CARDS AND EGIFT CARDS
A.) Your purchase of any Gift Card or eGift Card on Card Surge.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.
B.) You acknowledge that various merchants may have different rules and policies regarding redeeming the Gift Cards or eGift Cards that you purchase on our Site, for example some eGift 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 eGift Card, combinations with other offers, redemption and use rules, and whether a Gift Card or eGift 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 Card Surge.com.
C.) Card Surge is not a party to any transaction that you enter with the Merchant because of purchasing a Gift Card or eGift Card on Card Surge.com. Card Surge is not responsible for the quality of goods or services you receive from any Merchant when redeeming gift cards.
D.) 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 eGift Card purchased from Our Site, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card or eGift Card for the Merchant is with the Merchant exclusively and not with Card Surge. As an unsecured creditor, you may not be able to recoup the value of any unused Gift Card or eGift 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.
E.) You recognize and agree that you will pay for any Gift Cards or eGift 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.
F.) 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 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 or attempting to redeem a Gift Card or eGift Card that you purchased on our Site.
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 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 specific Gift Card or eGift Card.
B.) Gift Cards or eGift Cards that earn Rewards are indicated by the presence of 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 Card Surge.com. There is no limit to the amount of Card Surge 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 Account and will be automatically applied towards the Member's next purchase 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 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 commit 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 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. SELLING GIFT CARDS OR EGIFT CARDS TO CARD SURGE
A.) When you offer the sale of any Plastic Gift Card or eGift Card to Card Surge by means of the Service or Website ("Sales Order"), the Plastic Gift Cards or eGift Cards and any balances contained on them are legally transferred to Card Surge. 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 regardless of the amount of time that has passed since the transaction.
C.) To prevent fraud and other types of illegal activity, We only purchase closed loop (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 $500.00 USD per Sales Order. If you are requesting to receive a payout higher than $500.00, you will need to submit multiple Sales Orders. We do not accept Plastic Gift Cards or eGift Cards in currencies other than USD.
D.) The Seller warrants regarding any Plastic Gift Card or eGift Card offered for sale 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 sale, 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 Seller provide identification information. The Seller will be notified by text message and email if Card Surge is requesting that the Seller provide identification information. In instances where the Seller chooses not to provide identification information or if the information provided by the Seller is significantly different from the information used to open the Card Surge Account, we may temporarily hold the proceeds of any Sale for 10 to 180 days or longer depending upon the circumstances. This decision will be based on many factors including the riskiness of the transaction, the Member's Card Surge Account history, amount of the payment, and the likelihood that the Seller has engaged in illegal or fraudulent activity or if the Seller is likely to owe funds to Card Surge LLC in the future.
G.) If the Seller requests to cancel the Sales Order after it has already been placed it shall be the official policy of Card Surge to cancel the Sales Order and return the Plastic Gift Cards or eGift Cards to the Seller if possible. If any portion of the Sales Order has already been liquidated by Card Surge, then we cannot cancel the Sales Order and Card Surge will proceed with the transaction as previously agreed upon at the time the Sales Order was placed.
H.) We cannot purchase open loop Plastic Gift Cards or eGift Cards such as Visa, MasterCard, Discover, or American Express, that can be used at any Merchant. We cannot purchase Plastic Gift Cards or eGift Cards in any other currency other than USD currency. Card Surge reserves the right to refuse to purchase a Plastic Gift Card or eGift Card for any reason or for no reason.
I.) If Card Surge refuses to purchase 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 sale was declined. Card Surge LLC is not responsible for any unexpected changes in balances of Plastic Gift Cards or eGift Cards while Sales Orders are being processed for final payment. Card Surge LLC is also not responsible for any future changes in balances of eGift Cards or Plastic Gift Cards that are declined for payment.
J.) If a Seller submits a Sales 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 in the mail. If We do not receive the Plastic Gift Cards in the mail within 2 weeks of the Sales Order being submitted the Sales Order may be converted to Electronic Delivery and the Seller's payment will be adjusted to reflect the payout amounts for Electronic Delivery rather than Mail Delivery. This will affect the total payout that the Seller 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 Seller who receives more than $2500.00 in cash payments during their lifetime will be required to provide identity information. Any Seller 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.) Sellers may be required to provide images of individual Plastic Gift Cards or receipts for Plastic Gift Cards if requested by Card Surge. This may also apply to eGift Cards and Merchandise Credits.
N.) All Sales Orders must be placed through the Card Surge Website. Card Surge will not accept Sales 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.
For Sales Orders containing Plastic Gift Cards or eGift Cards that were purchased with points or rewards, Card Surge LLC can only issue payments 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 selling Plastic Gift Cards or eGift Cards that were purchased with points or rewards before submitting them for sale on Card Surge.com, including loss of funds or balances without any legal or financial recourse. Sales 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 selling Plastic Gift Cards or eGift Cards that were purchased using any points or rewards programs. By selling 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 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.
15. UNVERIFIED SELLER ACCOUNTS
Unverified Seller Accounts are accounts for which the Seller has not provided identification information. If your Card Surge Account is Unverified you are still able to use your Card Surge Account to sell Plastic Gift Cards or eGift Cards, however, Unverified Accounts may be subject to these additional restrictions:
A.) Extended hold periods before payments are issued to Sellers.
B.) Delayed or intermittent processing of payments issued to Sellers.
C.) Alternate payment methods used to issue payments.
D.) Changes in payment amounts or frequency of payments issued.
F.) Unverified Sellers may sell up to $2000.00 in Plastic Gift Cards or eGift Cards during their lifetime before they will be required to provide identity information, however, Unverified Seller Accounts are subject to the additional restrictions and limitations as specified above.
E.) Any other action necessary to protect the business interests of Card Surge.
16. PAYMENTS FOR SELLERS
A.) Payments for Sellers are typically issued 10 days after the date of the Sales Order approval unless otherwise communicated by email. Sales Orders for Plastic Gift Cards that are mailed will not be approved for payment until Card Surge receives the Plastic Gift Cards in the mail. The date specified in the Sales Order Approval email will be your estimated payment date and is subject to change depending on a variety of factors including risk level, requested payment amount, Card Surge Account status, and a variety of other factors as deemed by Card Surge's sensible caution. The estimated payment date is a best guess estimate of when the payment will be issued. It does not guarantee payment by certain date nor does it create a legally binding contract for payment by a certain date. Card Surge uses a risk-based algorithm to determine the frequency and amount of payments that are issued to Sellers. Payments are not issued on weekends or bank holidays. If the payment date falls on a bank holiday or weekend, the payment date will be automatically changed to the next available business day.
B.) You may be able to utilize other third-party payment processors to receive payments for Plastic Gift Cards or eGift Cards you sell to Card Surge. 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 and may be subject to fees charged by the third-party payment company. It is the responsibility of the Member to assure that they can successfully use the third-party payment processor to receive the payment for the Sales Order. If you choose to receive your payment by using a third-party payment processor, Card Surge LLC, shall be considered as an uninvolved party to the actual payment of the funds.
C.) 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 have their own terms and conditions and privacy policies they follow, and you should familiarize yourself with these policies before using any third-party payment service to receive a payment.
D.) By electing to use a third-party payment service to receive payment for any item 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 using the third-party payment processor's service as requested or an alternate payment method if necessary. Once a payment has been issued it cannot be changed.
E.) Payments for Sellers may be limited daily and issued each consecutive business day until the total payout for the Sales 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 Sales Order. This decision will be primarily based on the risk level of the Sales Order and the Seller's Card Surge Account history. Card Surge may choose not to disclose information to individual Members regarding decisions affecting payment amounts or frequency of payments.
F.) Occasionally, third-party payment processors may restrict or block payments to certain email addresses for a variety of different reasons. Because this is outside the reasonable control of Card Surge LLC, in these situations, payments shall be issued using an alternative payment method decided by Card Surge LLC.
G.) To prevent fraud and illegal activity, in some cases we may request that a Seller provide identity information. The Seller will be notified by email and provided with instructions regarding how to provide identity information. The Seller is not required to provide identity information unless they sell more than $2000.00 in Gift Cards or eGift Cards on Card Surge or Card Surge Marketplace during their lifetime. This decision will be made by Card Surge and will be based on many factors including the riskiness of the Sales Order, the Member's Card Surge Account history, amount of the payment, and the likelihood that the Seller has engaged in illegal or fraudulent activity or is likely to owe funds to Card Surge LLC in the future.
H.) To protect our Buyers purchases, Card Surge holds Sellers financially responsible for the Plastic Gift Cards and eGift Cards they sell to Card Surge. If a Buyer reports a problem with a Plastic Gift Card or eGift Card under our Money Back Guarantee Program, Card Surge will investigate the claim. If Card Surge decides that the claim is valid, the Seller's Card Surge Account will be debited for the amount of the claim. The debited amount will be subtracted from any outstanding payments owed to the Seller. If there are no pending payments owed to the Seller or if the Seller has already been paid for the Plastic Gift Card or eGift Card, then the Seller's Card Surge Account will be debited and will reflect a negative balance.
J.) Sellers may dispute any Buyer Protection Claim they receive by emailing [email protected] for assistance. The Seller may need to submit supporting documentation in order to establish their basis for dispute. The final determination regarding the Buyer Protection Claim and the Seller's dispute will be decided solely by Card Surge LLC based on the information provided by both the Buyer and the Seller and Card Surge's sensible caution and fairness.
17. GIFT CARD ABANDONMENT POLICY
A.) Occasionally, We receive Plastic 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 Plastic Gift Card to Our processing center they include clear information to identify their Sales Order. The Seller 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 Plastic Gift Cards to Us or print and include a copy of the Sales Order email.
Failure to include clear and legible identifying information with your Plastic Gift Cards may result in delayed processing of your order. Your Plastic Gift Cards may be unidentifiable and considered as “Abandoned”.
B.) In cases where we receive Plastic 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 Plastic Gift Cards. If We are not able to identify the owner of the Plastic Gift Cards, then the Plastic Gift Cards 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.
18. ORDER CONFIRMATION
A.) Any Order Confirmation or Sales Order Confirmation does not signify Our acceptance, nor does it constitute confirmation of Our offer to purchase.
B.) At any time after receipt of an Order or Sales Order, We may accept, decline, limit quantities, or place other limits or holds on any Order or Sales 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 an Order or Sales Order, We will attempt to notify the Member or User using the email address provided to Us. If We cancel an 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 Sellers or Buyers, Card Surge LLC may hold access to funds or merchandise regarding certain factors, including, but not limited to, selling history, Seller's Card Surge Account performance, returns, riskiness of the transaction, transaction value, or the filing of a Buyer Protection Claim under Our Money Back Guarantee. 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 Seller complete an identity verification. In instances where the Seller chooses not to complete the identity verification or if the information provided by the Seller during the identity verification is significantly different from the information used to open the Card Surge Account We may temporarily hold the proceeds of any Sale for 10 to 180 days or longer depending upon circumstances. This decision will be based on many factors including the riskiness of the Sales Order, the Seller's Card Surge Account history, amount of the payment, and the likelihood that the Seller has engaged in illegal activity or is likely to owe a balance to Card Surge LLC in the future.
C.) 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.
This can happen for instance when a Buyer reports a problem with a Plastic Gift Card or eGift Card and files a Buyer Protection Claim under Our Money Back Guarantee. In these cases we must refund the Buyer for the Plastic Gift Card or eGift Card that the Buyer was not able to redeem due to having an incorrect balance or balance that suddenly changes to zero.
D.) Unverified Sellers with excessive Buyer Protection Claims may be charged a service fee of $30.00 per invalid Plastic Gift Card or eGift Card. This fee may be imposed retroactively and on any future Buyer Protection Claims received by Card Surge. This determination will be made solely by Card Surge and is based on Seller performance and risk level.
F.) If a Seller's Card Surge Account remains with a negative balance for more than 30 days, Card Surge LLC may charge a service fee of $30.00 per each individual invalid Plastic Gift Card or eGift Cards plus the amount that was paid to the Seller and an interest charge of 1.5% of the total monthly balance owed to Card Surge LLC. If a Seller'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 Seller's personal credit score.
G.) Sellers are responsible for all payment sending fees charged by third-party payment processors. In instances where a third-party payment processor charges Card Surge LLC a fee for sending payments to a Member, Card Surge LLC may deduct those amounts from the Seller's payments to recover the payment sending fees already paid by Card Surge LLC on the Seller's behalf. You will be notified by email if your requested third-party payment processor has decided to charge a fee for Card Surge LLC to send payments to you.
20. DELIVERY OF GIFT CARDS AND EGIFT CARDS
A.) In most cases shipping and delivery will be free.
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 Plastic Gift Cards are shipped to your correct mailing address. All Plastic Gift Cards will be mailed to the mailing address associated with your Card Surge Account via the United States Postal Service.
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 inside your Card Surge Account and may be redeemed using the provided Gift Card Number and PIN Number provided to You.
D.) You also acknowledge that all eGift Card numbers and PIN numbers sent to your Card Surge Account 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 and eGift Card information that resides within your Card Surge Account. This situation is not covered under our 1 Year Money Back Guarantee.
21. 1 YEAR MONEY BACK GUARANTEE
A.) In the event you purchase any Gift Cards or eGift Cards using the Card Surge.com Website, Card Surge LLC makes certain constrained guarantees ("1 Year Money Back Guarantee") with respect to your purchase, as depicted on the Money Back Guarantee page and thus fused herein by reference.
B.) All claims based on the 1 Year Money Back Guarantee must be submitted by completing the Buyer Protection Claim Form within a period of one year (365 days) starting from the date the Buyer purchased the Gift Card or eGift Card that is subject to the claim.
D.) The 1 Year Money Back Guarantee applies only to purchases made on Card Surge.com. Purchases made through other sales channels are not included in the 1 Year Money Back Guarantee Program.
22. REFUND POLICY
A). All payments made to Card Surge for the purchase of Gift Cards or eGift 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;
1.) There was a problem with the Plastic Gift Card or eGift Card purchased, as deemed solely by Card Surge LLC.
2.) The Plastic Gift Cards or eGift Cards were not delivered within a period of 12 days after the date of purchase.
3.) Any eligible issue as outlined in the Money Back Guarantee section.
B.) No refunds will be provided for the following situations:
1.) When a request for a refund is initiated more than 1 Year after the date of purchase.
2.) The Plastic Gift Card or eGift Card was stolen or missing which would be no fault of Card Surge LLC.
3.) The Member did not follow the procedures for refunds such as shipping Plastic Gift Cards back to Us.
4.) Unauthorized access to your Card Surge Account or eGift Card information.
C.) If you return a Plastic Gift Card or eGift Card, You warrant:
1.) The Plastic Gift Card or eGift Card has the same exact condition and balance as when you received it from Card Surge.
2.) The Plastic Gift Card or eGift Card has not been utilized in any way.
3.) The Plastic Gift Card or eGift Card is and should still be legitimate.
4.) The Plastic Gift Card or eGift Card is redeemable for the balance that you stated through the Service.
5.) You have held an approach to reclaim the balance after transferring the Plastic Gift Card or eGift Card back to Card Surge.
6.) The Plastic Gift Card or eGift Card and any interest in it is completely and legally transferable to back to Card Surge LLC in the way outlined by this Agreement and is legally binding.
7.) You are the sole, legal proprietor of the Plastic Gift Card or eGift Card and all interests thereto.
8.) The Plastic Gift Card or eGift Card is not subject to any liens, commitments, or encumbrances of an outside party.
9.) You must follow every other necessity to finish the refund, including, without confinement shipping requirements, and requests for additional information as required by Card Surge.
D.) All request for refunds must be communicated within 1 Year (365 Days) from the date of purchase and the decision to provide the refund is granted based on Our Refund Policy and the Money Back Guarantee section. The initial method of purchase shall be used to receive the refund.
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 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 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 will 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 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 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 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 or under legally binding or guardian connections.
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 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 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 4.) 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 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.
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.
B.) For any amount in the aggregate in excess of the value of your total Gift Card transactions via the Service.
C.) Any matter beyond Card Surge LLC's reasonable control.
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
A.) 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.
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.) 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.
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 cardsurge.com Account. Any settlement offer made by You or Card Surge LLC shall 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, 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 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.
34. 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 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
All other inquiries may be emailed to [email protected] or sent to this address:
Card Surge Member ServicesPO BOX 144