Legal

PLEASE NOTE: SECTIONS 18 AND 19 OF THE LEGAL INFORMATION SECTION CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH CARD SURGE LLC ARE RESOLVED. BY MERE USE OF OUR SITE OR SERVICES YOU AGREE TO BE BOUND BY THE ARBITRATION CLAUSE AND WAIVER. PLEASE READ THE LEGAL INFORMATION SECTION CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. THIS INCLUDES REMEDIES AND RECOURSE CARD SURGE LLC MAY TAKE IN CONJUNCTION WITH YOUR USE OF OUR SITE AND SERVICES INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF ANY DISPUTE. Welcome to https://cardsurge.com/marketplace, an online Service offered by Card Surge LLC (“Card Surge”, “Card Surge Marketplace”, “We”, “Us”, or “Our”). This web page highlights the Legal Information by which this website can be used by you (“Member”, “Non-Member”, “Buyer”, “Seller” or “User”), including website widgets, e-commerce platforms, feeds, and all other Services or applications managed, controlled and offered by Card Surge which collectively makes up the “Service” or “Services”. This Legal Information section (“Legal Information section”, “Legal Information”, “Agreement” or “Policies”) apply to the use of the Card Surge Marketplace website located at https://cardsurge.com/marketplace (“Site” or “Website”) for the purchase and sale of Gift Cards and related items. These Services and related tools are governed by the following Legal Information as applicable to Card Surge Marketplace. If you transact on https://cardsurge.com/marketplace, you shall be subject to the policies that are applicable to the Website for such transactions. By mere use of this Website you shall be contracting with Card Surge LLC, and the Terms of Use and Legal information section constitute your binding obligations. By accessing and using this Website you acknowledge that you are in full agreement with the Terms of Use and Legal Information section governing the use of Our Site whether you are a registered Member or not. Subject to the Terms of Use and Legal Information section, Card Surge hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for using the Website for its designated purpose. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph with or without notice to you. If you use our services, you shall be responsible for all your activities. You agree that if you provide any information that is untrue, inaccurate, false, misleading, not current, incomplete, or if Card Surge has reasonable grounds to suspect that such information is not in accordance with the Terms of Use or Legal Information section, Card Surge has the right to indefinitely suspend or terminate your order or your Card Surge Marketplace Account and refuse to provide you with access to the Website or Services. Card Surge reserves the right to terminate your order and refuse to provide you with access to Card Surge Marketplace if it is brought to our attention or discovered that you are under the age of 18 years. If you spot a listing that  is violating the Terms of Use or Legal Information section, please contact Us by emailing your concerns to [email protected]

1. OVERVIEW

Card Surge Marketplace is for the purchase and selling of “Gift Cards” (plastic), “Electronic Gift Cards” (virtual, E-Gift Cards), and “Merchandise Credits. By visiting our site and/ or purchasing something, you engage in our “Service” and agree to be bound by the Terms of Use and Legal Information section, including those additional Policies referenced herein and/or available by reference. The Terms of Use and Legal Information section apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read the Terms of Use and Legal Information section carefully before accessing or using our Website. By accessing or using any part of this Site, you agree to be bound by the Terms of Use and Legal Information section. If you do not agree then you may not access the Website or use any of the Services. We reserve the right to update, change or replace any part of the Terms of Use or Legal Information section by posting updates and/or changes to our Website. It is your responsibility to check the Terms of Use and Legal Information section periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2. PROHIBITED OR UNLAWFUL USES

The Site may only be used for lawful purposes in accordance with the terms of the license granted. As a condition of your use of this Site, you warrant to Card Surge LLC that you will not use the Site for any purpose that is unlawful or prohibited. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

A.     Make any 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 generally 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.

E.     Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms of Use.

F.     Use any meta tags or any other hidden text utilizing Card Surge Marketplace’s name or marks.

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 activities on the Site.

I.      Violate or attempt to violate the security of the Site, including, without limitation: (I) accessing data not intended for you or logging onto a server or an Account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) 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"; (v) forging any header or any part of the header information in any email or posting; or (vi) 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 promotions and 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.     Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of, use of or access to the Site.

P.     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.

3. WEBSITE CONTENT

When giving out contents utilizing the Services (directly or indirectly), you give us a non-exclusive, worldwide, never-ending, irreversible, royalty free, sub licensable (through different levels) right to exercise all Intellectual Property Rights you have in that content regarding our provision, expansion, and advancement of the Services, in any media known now or created later. Fully allowed under law, you defer your entitlement to implement against Card Surge LLC, our chosen partners, our sub licensees, and their trustees your Intellectual Property Rights in that content regarding our, those appointees, and those sub licensee’s utilization of that content. You agree to and warrant that, for all such content you give, you claim or generally control every important right to do as such and to meet your commitments under this Agreement. You speak to and warrant that such content is precise. You speak to and warrant that utilization of any such content by Us, our clients, or others in contract with us and in consistence with this Agreement, do not and will not encroach any Intellectual Property Rights of any third party. Card Surge LLC assumes no liability and accepts no obligation for any content provided by you or any third party. As a Member, you agree that Card Surge LLC is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or damages that you may experience from any of those inaccuracies.  As a Seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or Us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. The name "Card Surge Marketplace" and other Card Surge logos, designs, and phrases that we use with our Services are trademarks, service marks, or trade dress of Card Surge Marketplace in the U.S and in other countries. They may not be used without the Express Written Prior Consent of the Card Surge Legal Department.

4. YOUR ACCOUNT

You may be required to register with Card Surge Marketplace to access certain Services or areas of the Site (“Card Surge Marketplace Account” or “Account”). With respect to any such registration, we may refuse to grant to you the user name you request because of use by another member or for any reason. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We strongly suggest that you change your password at least once every 30 days and do not share your password with any other person. In addition to all other rights available to Card Surge LLC including those set forth in the Terms of Use and in the Legal Information section, Card Surge LLC reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel your orders if we have reason to believe your Account may have been compromised or used inappropriately.

5. HOLDS ON FUNDS

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

6. COMMUNICATION

All communication regarding any specific transaction or any other issue encountered on this Site must be sent to Card Surge using email communications, using the Site messages tool, or by using telephone support. All communication must be appropriate and cannot contain any profanity, threats, intimidation tactics, unreasonable demands, blackmail, slander, bullying, or any other written or graphical content of a questionable nature as deemed solely by Card Surge. Any communication that takes place on Our Site may only be made using the approved methods for the sole purposes listed above and may not take place on any other website, blog, or forum. This includes without limitation all various types of communication both obvious and encrypted. It shall be considered prohibited (not allowed) for a Buyer or Seller to provide any other User, Member, Buyer, or Seller or any other person contacted through Our Site with their contact information such as an email address, telephone number, fax number, physical mailing address, or any other type of personal contact information with the intent of completing any transaction or sale outside Our Site or for any other reason. It shall also be prohibited to contact anyone through Our Site with the intent or expectation to complete a transaction, sale, offer, or any other type transaction outside of the Card Surge Marketplace Website. In severe cases where there is substantial loss or damages of any kind to Card Surge because of failure to follow the guidelines in this section whether intentional or not, We reserve the right to permanently suspend any Account, place additional restrictions or limitations on any Account, notify Law Enforcement to report violations, seek legal counsel with intent to recover any damages, or any other various types of actions as deemed necessary solely by Card Surge in order to protect Our companies interests both current and future.

7. BUYER AND SELLER FEEDBACK AND RATING SYSTEM

Card Surge Marketplace utilizes a Buyer and Seller feedback system for the purposes of building trust and tracking the reputations of individual Buyers and Sellers on Our Website. In most cases, items listed for sale on Our Site will be Card Surge Verified which means that they have been checked by one of our Verification Specialists to ensure that the items are legitimate, in the proper condition, match the listing description, or have the correct balance as outlined in the Seller’s listing. Due to merchant restrictions and physical limitations, not all items sold on Our Site can be verified by Card Surge. In these limited situations Buyers and Sellers must rely on the feedback scores of other Buyers and Sellers to guide their decisions while transacting on the Site. All feedback ratings and comments left by any Buyer or Seller should accurately reflect the experience with regards to that specific transaction only. Any feedback comments that are written must be appropriate and follow the other Policies as outlined. If you fail to leave feedback for any transaction On Our Site, Card Surge will assume that the transaction went well, and We may leave positive feedback on your behalf. Card Surge may at its sole discretion remove any feedback that it feels is unwarranted or inappropriate. If you feel that feedback left for you is unwarranted or inappropriate, please contact us by email at [email protected]

8. RIGHT TO CONTACT YOU AND RECORDING PHONE CALLS

Card Surge Marketplace may reach you at any phone number that you have given us to: 1.) Investigate and resolve any issues with your account. 2.) Resolve or investigate a dispute. 3.) Collection of debts or money owed to Card Surge LLC. 4.) To service your account or enforce this Agreement, our Policies, applicable law, any other agreement we may have with you. If you choose not to respond within a reasonable amount of time to any requested communications from Card Surge LLC either by telephone or email you authorize Card Surge LLC to act on your behalf and take any action that it deems necessary to resolve the issue. By choosing not to respond within a reasonable amount of time you are releasing Card Surge LLC from all liability regarding the situation.

9. DMCA NOTICE

Since we regard artist and substance proprietor rights, it is our policy to react to affirmed encroachment notice that conforms to the Digital Millennium Copyright Act of 1998 ("DMCA"). If you trust that your copyrighted work has been replicated in a way that constitutes copyright encroachment and is available by means of the Service, please tell Card Surge'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.

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

ATTN: DMCA NOTICE AGENT

Card Surge Legal Department

PO Box 123

Sauk Centre, MN 56378-1769

In accordance with the DMCA and other applicable law, Card Surge has adopted a policy of terminating, in appropriate circumstances Members or Users who are deemed to be repeat infringers. Card Surge may also at its sole discretion limit access to the Service and/or suspend the Accounts of any Users or Members who infringe any intellectual property rights of others, whether there is any repeat infringement or not. Please take note that this system is only to notify Card Surge and its subsidiaries that your copyrighted material has been encroached. The previous necessities are planned to consent to Card Surge’s rights and commitments under the DMCA, including 17 U.S.C. §512(c), however, don't constitute legitimate advice. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ALL ATTORNEYS' FEES.

10. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on Our Site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made with any third-party websites.

11. USER COMMENTS AND OTHER SUBMISSIONS
If you send certain specific submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to Us. We are and shall be under no obligation 1.) to maintain any Comments in confidence; 2.) to pay compensation for any Comments; or 3.) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove Content that we determine in Our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

12. INDEMNITY AND RELEASE

A.) You agree to indemnify, defend and hold Card Surge LLC, its agents, suppliers, licensees, content providers, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you and/or any use by you of the Platform, the Materials, or any element or component thereof. B.) Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use by you of the Platform and/or any Content you upload or transmit through the Platform.

13. LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by Us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement. In no case shall Card Surge LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The Terms of Use and Legal Information section are effective unless and until terminated. If in our sole judgment, you fail, or we suspect that you have failed, to comply with our policies, we may terminate this agreement at any time without notice and you will remain liable for all amounts owed up to and including the date of termination; and/or accordingly may deny you access to our Site or Services (or any part thereof).

15. ENTIRE AGREEMENT

The failure of Card Surge LLC to exercise or enforce any right or provision of the Terms of Use or Legal Information section shall not constitute a waiver of such right or provision. These Policies or operating rules posted by Us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and Card Surge LLC and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Card Surge LLC. Any ambiguities in the interpretation of rules or policies shall not be construed against the drafting party.

16. ASSIGNMENT

The Terms of Use, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by Card Surge solely without restriction. A.) Representing Law: You agree that: (I) the Service shall be based exclusively in Minnesota; and (ii) the Service should be considered a passive one that does not cause personal jurisdiction over Card Surge or its Site, either specific or general, in jurisdiction other than Minnesota. This Agreement shall be represented by the inward substantive laws of the State of Minnesota, without respect to its conflict of laws and standards. The use of the United Nations Convention on Contracts for the International Sale of Goods is explicitly rejected. Any case or debate amongst you and Card Surge that emerges in entirety or to some extent from the Service will be chosen solely by a court of equipped jurisdiction situated in the state of Minnesota, unless otherwise agreed upon by Card Surge. B.) Notices: Card Surge 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 in our sole tact. Card Surge maintains whatever authority is needed to decide the structure and method for giving warnings to our Members or Users. Card Surge is not in charge of any automatic filtering you or your network provider may apply to email notices we send to the email address you give us. We advise that you add [email protected] and [email protected] to your email address book to guarantee you receive emails. C.) Severability: This Agreement, together with any changes and any records referenced in this, will constitute the whole agreement amongst you and Card Surge 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. 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 in any respect whatsoever. D.) No Waiver: No waiver of this Agreement might be considered a further or proceeding with waiver of such Term or some other Term, and Card Surge'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.

17. LIMITATION OF LIABILITY

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

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

YOU AND CARD SURGE LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARD SURGE LLC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of the above paragraph's limitations as to a claim for relief, then 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 unless otherwise discussed.

19. ARBITRATION PROCEDURES

Arbitration is more informal than a lawsuit in court. Arbitration utilizes a neutral arbitrator rather than a judge or jury, and court review of an Arbitration award is very limited. 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 Use as a court would. All issues and legal matters are for the arbitrator to decide and come to a resolution, except that legal issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to resolute and decide. The Arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over Arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. An individual who chooses to seek Arbitration must first send to the other party, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to Card Surge should be sent to Card Surge Legal Department using the address listed above. Card Surge will send any Notice to you to the physical address we have on file associated with your Card Surge Marketplace Account; it is your responsibility to keep your physical address updated. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting, and the relief sought. If you and Card Surge are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Card Surge 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’s Legal Department using the address above. In the event Card Surge 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 Marketplace Account. Any settlement offer made by you or Card Surge shall not be disclosed to the arbitrator. The Arbitration hearing shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or Card Surge 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 subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Card Surge may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users or Members but is bound by rulings in prior Arbitrations involving the same Card Surge Marketplace User to the extent required by 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.

20. COSTS OF ARBITRATION

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise agreed upon.

21. SEVERABILITY