ZURGLE– which refers to the ZURGLE CORPORATION., P.O. Box 2681 Charleston, West Virginia 25330, United States of America (USA), is the corporation that hosts, runs, and manages the website, www.zurgle.com , the platform, its affiliates, and subsidiaries. ZURGLE CORPORATION was founded on September 17, 2021 in Charleston, West Virginia, United States of America (USA). ZURGLE may be referred in first person pronouns such as: “we”, “us”, “our”, “ours”.
The name “ZURGLE” and other ZURGLE watermarks, marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks of ZURGLE in the United State of America and other countries. They may not be used without the express written prior permission of ZURGLE CORPORATION.
IF YOU DO NOT AGREE WITH THE TERMS AND SERVICES OF ZURGLE DO NOT USE THIS WEBSITE PLATFORM. ANY VIOLATION WITH THIS AGREEMENT CAN RESULT IN A TERMINATION OF YOUR ACCOUNT.
ABOUT ZURGLE
ZURGLE CORPORATION is the company that manages the website www.zurgle.com . ZURGLE.com is a marketplace that allows users to offer, sell, and buy just about anything in a variety of pricing formats and locations. The actual contract for sales is directly between the seller and buyer and between ZURGLE CORPORATION and the buyer. Listings under ZURGLE CORPORATION are products, merchandise, and/or services which are directly to the buyer from ZURGLE CORPORATION
Types of Vendors/Seller(s)- There are different types of sellers on the ZURGLE marketplace platform. The first is a first party vendor which is the ZURGLE CORPORATION. The second is a second party vendor which are other business, retailers, stores, and or e-commerce website who sell products on the ZURGLE marketplace platform. The third are third party vendors who are individuals who sell products and/or services on the platform.
The first party vendor is ZURGLE. Listings under ZURGLE CORPORATION are products, merchandise, and/or services which are directly to the buyer from ZURGLE. There is free shipping and handling any and all products and/or services purchased directly from ZURGLE CORPORATION. (USA shipping and handling only).
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, ZURGLE has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
TERMS AND SERVICE- DEFINITION
THE TERMS AND SERVICES AGREEMENT: is the agreement that all users of this website must follow while using the platform and must agree to before registration of an account. The Terms and Service Agreement governs the ZURGLE marketplace platform.
POLICY ENFORCEMENT
As an intermediary service provider, ZURGLE has no obligation to monitor, regulate, or police content on its platform. ZURGLE does reserve the right to do so. We reserve the right to refuse, remove, or to terminate your account, with or without notice, if we believe that the seller/user has violated policy and/or violated any local, state, and federal law. We reserve the right to terminate an account at any time with or without any reason. We also reserve the right to refuse and/or remove an account at any time with or without notice. If an account is terminated the user will not be able to use any ZURGLE platform including any and all ZURGLE affiliates and subsidiaries.
USING THE ZURGLE MARKETPLACE PLATFORM
In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations Set forth are prohibited on the platform. Any violation of this terms may result in immediate termination of your account. ZURGLE reserves the legal right to terminate an account at any time with or without reason. We reserve to terminate your account if any of our policies and/or terms and conditions are violated. These include and are not limited to:
You agree that you will not:
· use our Services if you are not able to form a legally binding contract. You agree that you are at least 18 years old or older during the time you registered an account and accessed the platform. You agree you are not temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
ZURGLE CORPORATION
P.O. Box 2681 Charleston, West Virginia, 25330,
UNITED STATES OF AMERICA (USA)
Any violations of terms in this policy will result in an immediate termination of your account.
In connection with using the ZURGLE marketplace platform you agree to comply with this user agreement, terms, policies, and all applicable laws, rules, and regulations. You agree that you will not:
ZURGLE CORPORATION
P.O. Box 2681
Charleston, West Virginia, 25330,
UNITED STATES OF AMERICA (USA)
Any violations of terms in this policy will result in an immediate termination of your account.
LISTING CONDITIONS AND SELLER AGREEMENT
When listing an item for sale on our Services, you agree to comply with ZURGLE’s listing and seller practices policy.
BANNED ITEMS
The following Items/Services are banned on this platform. Any violation(s) of this policy will result in an immediate termination of your account. These items include and are not limited to:
· Illegal items such as: illegal drugs, illegal firearms, explosives, bombs, illegal gambling, and etc.;
· Illegal services such as: prostitution, child prostitution, child pornography, bestiality pornography, and etc.;
· Gambling, pornography, alcohol and alcohol products, tobacco and tobacco products, vape pens, e-cigarettes, nicotine products, prescription drugs, lottery tickets, drug paraphernalia, firearms, and etc.,
Any products and/or services that are illegal and outlawed by local, state, and UNITED STATES FEDERAL LAW are prohibited to be sold on the marketplace. Any violation will result in an immediate termination of your account and can result in criminal and/or civil prosecution.
· You the seller assumes full responsibility for the item offered and the accuracy and content of the listing,
· You the seller acknowledge that your listing may not be immediately searchable by keyword or category for several hours including up to 24 hours from the initial listing. ZURGLE cannot guarantee exact listing duration,
PURCHASE CONDITIONS AND BUYER AGREEMENT
When buying an item on the ZURGLE platform, you agree to the buyer agreement and purchase conditions. You agree that
· It is the buyer’s responsibly pay for his or her transactions. The buyer has a legally binding contract when making a bid and/or purchase.
· You the buyer agree that you are of sound mind and body, acting on YOUR own free will, and fully understand the terms and conditions.
· You the buyer agree you are AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH THEY RESIDE at the time they first access the Platform, whether as a USER or a MEMBER. ZURGLE prohibits the use of this platform for any individual who is not 18 years old or older.
NON-BINDING BIDDER
In most product categories on ZURGLE, when bidder places a bid in an auction it’s considered a legally binding contract between the bidder/buyer and the seller. When you win an auction, you’re agreeing to complete the purchase. However, there are some categories where bids don’t create a formal contract between the buyer and seller. These include the following:
· Motor Vehicles
· Real Estate
These bids are considered non-binding. When you bid on an item in these categories, you’re expressing a strong interest in buying the seller’s item, but no formal purchase contract is created if you’re the winning bidder.
NON-PAYING BIDDER POLICY
When Members place bids have a legal obligation to pay for the items, services, and/or merchandise which they bid for and won. Members must pay for the items they win or commit to buy on ZURGLE within 4 calendar days. SELLERS- If a bidder does not pay for an auction they have won, orders can be canceled by the seller if a buyer hasn’t paid within 4 calendar days. If you still have open unpaid item cases, you have 30 days from the date they were opened to close them. If you don’t close them within 30 days, we’ll close them for you, but you won’t be eligible for a final value fee credit and the unpaid item won’t be recorded on the buyer’s account.
When a member wins an item, or uses Buy It Now to purchase an item, they must complete the purchase by sending full payment to the seller. Buyers must note:
A seller may cancel an unpaid order if the buyer doesn’t pay or contact them within 4 calendar days. Failure to pay for items is a violation of our policy. All unpaid items are recorded on a buyer’s account. Buyers who have excessive unpaid items, or canceled transactions, may have limits imposed and can be terminated from the platform.
PRICING, TAXES, AND FEES, AND CURRENCY
The minimum price a seller can charge is $1 USD except on auction listings. Auctions can start at a minimum of $0.01 USD (1 US Penny) There is no maximum charge for listings and/or auctions. ZURGLE will take a commission of 10% regardless of the total amount of the transaction. This includes if there is a shipping and handling fee. ZURGLE will not take a commission fee of more than 10% on any transaction. The seller can post content without listing fees and may post unlimited listings. on our behalf when required.
UNPAID ITEMS POLICY FOR SELLERS
Sellers may cancel an unpaid order if a buyer hasn’t paid within 4 calendar days
Sellers may be eligible to receive fee credits according to our fee credits policy
Sellers should avoid falsely cancelling orders when the buyer has paid, or they may:
· Have all credits reversed for the time period in question
· Lose the ability to use the fee credit system
· Be subject to suspension
ZURGLE will automatically remove feedback left by a buyer who didn’t pay for an item. Feedback may be removed in two cases
· If the seller cancels the order due to the buyer’s failure to pay
· If the buyer is suspended
Activity that doesn’t follow ZURGLE policy could result in a range of actions including: administratively ending or cancelling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account termination. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
RETURNS AND CANCELLATIONS
Sellers can create rules to automate replacements, returns, and refunds in their refund/return policy. When an item is returned, to refund the buyer, you the seller can opt to do free returns in which you pay the costs of the return shipping label or you the seller can require the buyer to pay for the return shipping and handling costs.
ZURGLE also has a shipping program where you the seller can request a shipping label from ZURGLE and we can remove the fee from your account, place the amount on your invoice, and/or charge your payment method on file. The cost of return shipping for an item that is not as described is the seller’s responsibility.
If the seller requests a shipping label from ZURGLE, You the seller authorize ZURGLE to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:
· ZURGLE CORPORATION will send a ZURGLE-generated shipping label to be used free of charge to the buyer if he or she needs to return a product. All ZURGLE CORPORATION products and services have free returns.
All transactions of goods and/or services come with a 30-Day money back guarantee that is backed by ZURGLE CORPORATION regardless if the merchandise is sold by a first party vendor (ZURGLE CORPORATION), a second party vendor, or a third-party vendor.
REFUND POLICY AND ZURGLE MONEY BACK GAURANTEE: If a purchase was made through a second party or third-party seller the buyer must follow the seller’s return policy. Purchases made directly from ZURGLE. via ZURGLE CORPORATION has a 30- Day money back guarantee. Items in the following scenarios do not have a refund policy.
· Intellectual property such as: websites, custom content, downloadable songs, and etc.
· Gold, silver, currency, bullion, precious metals, precious stones, and etc.
· Tickets sold on the market place
· Autographed Sports memorabilia
The only two exceptions to the non-refundable policy include:
· If the seller fails to deliver an intellectual property to the buyer within 30 calendar days
· If the seller ships an item and it is lost, damaged, or stolen. (Sellers are encouraged send items with tracking and/or insurance). If an item is lost and there is not a tracking information, we cannot guarantee that the we will rule in favor of the seller. We recommend all items shipped that cost $100 or more be shipped with tracking and signature confirmation.
BUYER AND SELLER COMMINICATION
All communication must only be made in the ZURGLE platform through the messaging tool. Sellers are prohibited from giving personal communications methods such as: Email address, website address, phone numbers, and social media accounts. Sellers are prohibited from posting their personal websites, links to other e-commerce websites and stores, and links to social media. Sellers and prohibited from taking and/or suggesting outside payment methods and other websites in which they sell their content. Violation of this policy will result in an immediate termination of account.
AUTHORIZATION TO CONTACT YOU
ZURGLE may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, via email, and/or the messaging center located on the website to: (1) notify you regarding your account; (2) collect a debt; (3) troubleshoot problems with your account; (4) resolve a dispute; and/or (5) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. You the, user/member, agree and consent that we have the right and authority to do so.
SELLER/BUYER DISCLAIMER
THE SELLER/BUYER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM NOT RESULTING FROM ZURGLE’S ACT. THE USER AGREE TO FOLLOW ALL LOCAL, STATES, FEDERAL, AND ANY INTERNATIONAL AND NATIONL LAWS OF THE COUNRTY THAT HE, SHE, OR IT RESIDES DURING THE REGISTRATION OR ACCESS OF HIS, HER, OR ITS ACCOUNT. ZURGLE WILL NOT BE LIABLE FOR ANY ILLEGAL ACT COMMITTED BY THE USER WHICH INCLUDES CIVIL DAMAGES AND/OR CRIMINAL PROSECUTION. THIS INCLUDED, BUT IS NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, THREATS, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, COPYRIGHT INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS, OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. ZURGLE CORPORATION PLEDGES TO DO ALL WITHIN ITS RESPONSIBILITY AND LEGAL POWER BY LAW TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER (SELLER/BUYER). IF THE USER HAS ANY QUESTIONS OR CONCERNS, THEY MAY EMAIL US AT admin@zurgle.com . WE CAN ALSO BE REACHED VIA LIVE CHAT WHEN WE ARE AVAILABLE.
ALL WRITTEN REQUESTS MUST BE MAILED TO THE ADDRESS LISITED BELOW
ZURGLE CORPORATION
P.O. BOX 2681
CHARLESTON, WV, USA 25330
TERMINATION, BANNED SELLER, AND BANNED BUYER
TERMINATIONS: ZURGLE has the right to terminate an account at any time with or without reason. In case an account is terminated the seller will be given a 30-calendar day notice. If a seller violates our policy, breaks any local, state, and federal law or uses the platform for illegal and/or fraudulent activity ZURGLE reserves the legal right to terminate the account without warning. Once an account is terminated the seller cannot register a new account and is permanently banned from using Zurgle.com and any affiliates and subsidiaries
BANNED SELLER: If a Seller is ever banned from the ZURGLE platform, for any reason, their content will be removed and unavailable for future purchase. We will not issue a refund for buyers who have already purchased the merchandise and will not issue a reimbursement in cases where products become unavailable due to the seller being banned. Buyers acknowledge that they alone assume the risk when choosing to purchase content that is purchased through a second or third-party seller on Zurgle.com. Sellers who are banned will not be allowed to open another Zurgle.com account on any platform. This includes any and all ZURGLE affiliates and/or subsidiaries. We reserve the right to take civil action and/or criminal prosecution if this policy is violated and if a banned buyer who tries to open another account(s).
BANNED BUYER: If a buyer banned from the ZURGLE platform, for any reason, their content will be removed and unavailable for future purchase. Buyers who are banned will not be allowed to open another account on any platform. This includes any and all ZURGLE affiliates and/or subsidiaries. We reserve the right to take civil action and/or criminal prosecution if this policy is violated and if a banned buyer who tries to open another account(s).
PRICING, TAXES, AND FEES, AND CURRENCY
PRICING: The minimum price a seller can charge is $1 USD except on auction listings. Auctions can start at a minimum of $0.01 USD (1 US CENT) There is no maximum charge for listings and/or auctions. The minimum listing price for an item is $0.01 (1 US CENT). There is no maximum price a seller can charge for an item and or service in which they list for sale. The first picture can be uploaded free of charge.
ZURGLE’S FEES
ZURGLE takes a final commission fee of 10% (percent) of the final sale. This includes any and all fees the seller charges the buyer which includes shipping and handling. ZURGLE takes 10% regardless of how much the final sale price is excluding any sales tax. If the buyer returns an item and/or service ZURGLE will refund the seller the final commission fee of 10%, however if the seller paid for additional fees, such as additional pictures and/or reserve fee those fees are non-refundable. There is a $0.10 (10 US CENTS) charge for each picture after the first free picture. There is a $5.00 (5 USD) for a reserve price option regardless of the listing price of the item and/or service. All fees must be paid in full prior to listing an item and/or service for sale. ZURGLE will take a commission of 10% regardless of the total amount of the transaction. This includes if there is a shipping and handling fee. ZURGLE will not take a commission fee of more than 10% on any transaction. The seller can post content without listing fees and may post unlimited listings.
TAXES: Federal law requires a sales tax of 7% of the final sale. There may be additional taxes depending on the city, state, and country in which the Member resides. All sellers are required to fill out, sign, and submit a W9 tax form. All prices on the Platform are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods and services, harmonized, or other taxes, fees, or charges now in force or enacted in the future and such taxes may be added by our payment processor.
CURRENCY/PAYOUTS
CURRENCY: All amounts to make purchases are in United States Dollar (USD) only. No other currencies are legal tender on the platform. The only currency used on the platform is The United States Dollar (USD)The minimum cash out amount is $1 (USD). You the seller may cash out at any time. There is no waiting for a cash out date.
HOLDS AND RESTRICTED FUNDS
To protect ZURGLE from risk of liability for your actions as a seller, ZURGLE has at times recommended, and may continue to recommend, that our payment department restrict access to funds in a seller’s account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of a ZURGLE Money Back Guarantee case. We reserve the right to restrict funds on a seller’s account at any given time with or without notice if we feel that this policy has been violated.
PAYMENTS
All payment must be made via the ZURGLE payment processor or the crypto currencies that are available on the platform. Sellers and Buyers cannot accept and/or offer an outside payment method. Offering outside methods including but not limited to: PayPal, Western Union, Cashapp, other crypto currencies not offered on the ZURGLE platform, and etc. will result in an immediate termination of your account.
CONTENT
When you provide content using our Services (directly or indirectly), you grant ZURGLE CORPORATION a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against ZURGLE, our assignees, our sublicensees, and their assignees in connection with our, those assignees’’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under the Terms Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with the Terms Agreement, does not and will not infringe any Intellectual Property Rights of any third party. We take no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties which includes ZURGLE users. You may use that content solely in your ZURGLE listings. We may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that ZURGLE is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
INTERNATIONAL SELLING AND BUYING TRANSLATION
zurgle.com is a global marketplace, which means your ZURGLE listings may be viewed and purchased by, and shipped to, buyers around the world. Such listings may be shown on the same or a different site on which you listed the item. If you purchase an item on a ZURGLE site that is different from your registration site, you are still subject to the ZURGLE User Agreement
If your item sells, you will be bound by the User Agreement and policies, including any buyer protection policies, of the site on which the item is sold and, potentially, the laws of the country of the relevant site. If you do not want your item to be sold to buyers internationally, you can use ZURGLE’s Geo/Region blocker exclude countries and/or regions on your account.
Many of ZURGLE’s services are accessible internationally. We may offer certain programs, tools, products, services, and merchandise and site experiences of particular interest to international sellers and international buyers. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
INTERNATIONAL SELLERS: Sellers must agree that we may display your listing for sale on zurgle.com, its subsidiaries, and affiliate sites other than the site where you listed your item for sale, based on your shipping settings. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on a ZURGLE site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that subsidiary and/or affiliate site.
You authorize us to use automated tools to translate your ZURGLE content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translations are not guaranteed.
INTERNATIONAL SHIPPING: As a seller it is your responsibility to provide the buyer with international shipping laws, taxes, and/or duties. If you are a seller selling from The United States of America there may be additional customs paperwork need to ship internationally. This information can be found on The U.S. customs and Border Protection website.
ZURGLE CORPORATION PRODUCTS/SERVICES
Shipping, handling, customs fees, and any and all international trade fees must be paid by the buyer for products and or services sold directly by ZURGLE CORPORATION to the buyer is the buyer is located outside of the lower 48 states of The United States of America (USA).
As a buyer you must understand the laws and regulations of international shipping. International shipping may and can include taxes and or duties. If you are a buyer from The United States of America there may be additional customs paperwork need to receive shipments from foreign countries. This information can be found on The U.S. customs and Border Protection website.
As a seller or buyer, you acknowledge that the goods, services, products, and etc. that you sell or buy are not illegal in the country in which you reside. You agree that you are responsible to follow any and all local, state, federal, and international laws and regulations. ZURGLE will not be held legally liable for any violation of law. Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information. You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by ZURGLE-to-ZURGLE CORPORATION.
RELEASE AND INDEMNITY
RELEASE: If you have a dispute with one or more users, you release ZURGLE, its, affiliates, and subsidiaries, and our and their respective officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that you will not hold ZURGLE legally liable in any and all civil and criminal lawsuits which may arise between you and one or more users.
You agree that in entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
INDEMNITY: You agree that you will indemnify and hold ZURGLE CORPORATION, its affiliates, and subsidiaries, as well as our and their respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, civil lawsuits, criminal actions and/or lawsuits made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
COPYRIGHT INFRINGEMENT POLICY
COPYRIGHT SECTION 512(c) of Title of the United States Code
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act.) ZURGLE’s Admin works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our admin via email at admin@zurgle.com , and/or the Live Chat Option when available and/or in writing to:
ZURGLE CORPORATION
P.O. Box 2681 Charleston, West Virginia 25330, USA.
LEGAL TERMS AGREEMENT
LIMITATION OF LIABLILTY
In addition, to the extent permitted by applicable law, in no event will ZURGLE CORPORATION, which includes our affiliates and subsidiaries, and, and our and their officers, directors, agents and employees be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or ZURGLE CORPORATION was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ZURGLE HAVE AGAINST EACH OTHER ARE RESOLVED.
This Legal Disputes Section is an agreement between you (User/Buyer/Seller) and ZURGLE CORPORATION, its affiliates, and subsidiaries, predecessors, successors, assigns, as well as ZURGLE’s respective employees and agents.
You and ZURGLE agree that any claim or dispute at law or equity that has arisen, or may arise, between you and ZURGLE and any related third parties that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of ZURGLE and/or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Terms Agreement.
APPLICABLE LAW
You agree that, except to the extent inconsistent with or preempted by local laws, state laws, national laws, international law of in the jurisdiction in which you reside, federal law, and the laws of the State of West Virginia (Where ZURGLE CORPORATION is located), without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and ZURGLE CORPORATION, except as otherwise stated in this User Agreement. By using any ZURGLE platform and/or Service, you agree that applicable federal law, and the laws of The State of West Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ZURGLE CORPORATION.
Any dispute or claim relating in any way to your use of any ZURGLE platform and/or service will be adjudicated in the state or Federal courts in Kanawha County, West Virginia, United States of America (USA) and you consent to exclusive jurisdiction and venue in these courts. You and ZURGLE CORPORATION each waive any right to a jury trial.
You and ZURGLE CORPORATION each agree that any and all disputes and/or claims that have arisen, or may arise, between you and ZURGLE and/or any related third parties that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of ZURGLE, its affiliates, it subsidiaries, its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in a court of law.
Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act (FAA), and to the extent not inconsistent with the FAA, the laws of the State of Utah, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ZURGLE CORPORATION 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 ZURGLE 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 this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to you and ZURGLE’s right to appeal the court’s decision. All other claims will be arbitrated.
ARBITRATION PROCEDURES
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except those 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 decide.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute. The Notice of Dispute must be sent to ZURGLE must be sent to
Attention: Litigation Department, Re: Notice of Dispute,
ZURGLE CORPORATION
P.O. BOX 2681 CHARLESTON, WEST VIRGINIA, 25330
UNITED STATES OF AMERICA (USA)
ZURGLE will send any Notice to you to the physical address we have on file associated with your ZURGLE account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and ZURGLE are unable to resolve the claims described in a valid Notice within 30 calendar days after ZURGLE receives that Notice, you or ZURGLE may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. 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 ZURGLE at the following address:
ZURGLE CORPORATION
P.O. BOX 2681 CHARLESTON, WEST VIRGINIA, 25330,
UNITED STATES OF AMERICA(USA).
In the event that ZURGLE CORPORATION. initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your ZURGLE account. Any settlement offer made by you or ZURGLE shall not be disclosed to the arbitrator. If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Charleston, Kanawha County, Charleston, West Virginia, United States of America (USA). 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 ZURGLE 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.
COSTS AND FEES OF ARBITRATION
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association ‘s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of this Agreement (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, you will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by ZURGLE CORPORATION should be submitted by mail to the American Arbitration Association along with your Demand for Arbitration and ZURGLE will make arrangements to pay administration and arbitrator fees directly to the American Arbitration Association. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ZURGLE CORPORATION for all fees associated with the arbitration paid by ZURGLE on your behalf that you otherwise would be obligated to pay under the American Arbitration Association ‘s rules.
1. Severability: With the exception of 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.
2. Opt-Out Procedure: IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. THE OPT-OUT NOTICE MUST BE MAILED TO
ZURGLE CORPORATION.,
ATTN: ZURGLE RE: OPT-OUT NOTICE,
P.O. BOX 2681 CHARLESTON, WEST VIRGINIA, 25330,
UNITED STATES OF AMERICA(USA).
You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the ZURGLE platform and/or Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against ZURGLE CORPORATION prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and ZURGLE. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.zurgle.com at least 30 calendar days before the effective date of the amendments and by providing notice through the ZURGLE Messaging Center and/or by email at admin@zurgle.com. If you do not agree to these amended terms, you may close your account within the 30 calendar days period and you will not be bound by the amended terms.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. At our sole discretion, we may assign this User Agreement.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.zurgle.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 calendar days’ notice by posting the amended terms. Additionally, we will notify you through the ZURGLE Messaging Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an ZURGLE representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
Without limiting ZURGLE ‘s ability to refuse, modify, or terminate all or part of our Services, we may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination. ZURGLE reserves the right to change the policies and terms posted on our Services. We will inform you if a change(s) occurs VIA the messaging center and/or by email at admin@zurgle.com
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The Legal Terms Agreement, User Agreement, and all terms and polices posted through our Services set forth the entire understanding and agreement between you and ZURGLE, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Holds and Restricted Funds, Managed Payments, Additional Terms, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
ZURGLE’S RESPONSIBILITIES; DISCLAIMERS, AND INDEMNIFICATION
As an intermediary service provider, ZURGLE has no obligation to monitor, regulate, or police content on its platform. We do reserve the right to do so. We reserve the right to refuse, remove, or to terminate your account, with or without notice, if we believe that the seller/user has violated policy and/or violated any local, state, and federal law. ZURGLE reserves the right to terminate an account at any time with or without any reason. We also reserve the right to refuse and/or remove an account at any time with or without notice. If an account is terminated the user will not be able to use any ZURGLE platform including ZURGLE affiliates and subsidiaries.
ZURGLE’S RESPONSIBILITIES; DISCLAIMERS, AND INDEMNIFICATION
ZURGLE.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. THE USER AGREES NOT TO HOLD ZURGLE LIABLE. THE SELLER/BUYER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM NOT RESULTING FROM ZURGLE’S ACT. THE USER AGREE TO FOLLOW ALL LOCAL, STATES, FEDERAL, AND ANY INTERNATIONAL AND NATIONL LAWS OF THE COUNRTY THAT HE, SHE, OR IT RESIDES DURING THE REGISTRATION OR ACCESS OF HIS, HER, OR IT’S ACCOUNT. ZURGLE WILL NOT BE LIABLE FOR ANY ILLEGAL ACT COMMITTED BY THE USER WHICH INCLUDES CIVIL DAMAGES AND/OR CRIMINAL PROSECUTION. THIS INCLUDED, BUT IS NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, THREATS, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, COPYRIGHT INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS, OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. ZORQLE PLEDGES TO DO ALL WITHIN ITS RESPONSIBILITY AND LEGAL POWER BY LAW TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER (SELLER/BUYER). IF THE USER HAS ANY QUESTIONS OR CONCERNS, THEY MAY EMAIL ZURGLE AT admin@zurgle.com WE CAN ALSO BE REACHED VIA LIVE CHAT WHEN AGENT(S) ARE AVAILABLE. ALL WRITTEN REQUESTS MUST BE MAILED TO THE ADDRESS LISITED BELOW
ZURGLE CORPORATION
P.O. BOX 2681
CHARLESTON, WV, USA 25330
DISCLAIMER
ZURGLE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING. WE CANNOT GAURANTEE THAT THE ZURGLE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZURGLE SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, NATURAL DISASTERS, HUMAN ERROR, HUMAN DISASTERS, TECHNICAL DIFFICULTIES, AN ACT OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A COMPUTER, SERVER, OR SOFTWARE WHICH INCLUDES OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM’S PERFORMANCE. ZURGLE WILL NOT BE HELD LIABLE FOR CIVIL DAMAGES NOR CRIMINAL PROSECUTION. THE USER (SELLER/BUYER) ASSUMES ALL REPSONSIBILY IN REGARDS TO THEIR ACCOUNT.
ZURGLE.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. THE USER AGREES NOT TO HOLD ZURGLE LIABLE.
THE SELLER/BUYER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM NOT RESULTING FROM ZURGLE’S ACTINTRODUCTION
ZURGLE– which refers to the ZURGLE CORPORATION., P.O. Box 2681 Charleston, West Virginia 25330, United States of America (USA), is the corporation that hosts, runs, and manages the website, www.zurgle.com , the platform, its affiliates, and subsidiaries. ZURGLE CORPORATION was founded on September 17, 2021 in Charleston, West Virginia, United States of America (USA). ZURGLE may be referred in first person pronouns such as: “we”, “us”, “our”, “ours”.
The name “ZURGLE” and other ZURGLE watermarks, marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks of ZURGLE in the United State of America and other countries. They may not be used without the express written prior permission of ZURGLE CORPORATION.
IF YOU DO NOT AGREE WITH THE TERMS AND SERVICES OF ZURGLE DO NOT USE THIS WEBSITE PLATFORM. ANY VIOLATION WITH THIS AGREEMENT CAN RESULT IN A TERMINATION OF YOUR ACCOUNT.
ABOUT ZURGLE
ZURGLE CORPORATION is the company that manages the website www.zurgle.com . ZURGLE.com is a marketplace that allows users to offer, sell, and buy just about anything in a variety of pricing formats and locations. The actual contract for sales is directly between the seller and buyer and between ZURGLE CORPORATION and the buyer. Listings under ZURGLE CORPORATION are products, merchandise, and/or services which are directly to the buyer from ZURGLE CORPORATION
Types of Vendors/Seller(s)- There are different types of sellers on the ZURGLE marketplace platform. The first is a first party vendor which is the ZURGLE CORPORATION. The second is a second party vendor which are other business, retailers, stores, and or e-commerce website who sell products on the ZURGLE marketplace platform. The third are third party vendors who are individuals who sell products and/or services on the platform.
The first party vendor is ZURGLE. Listings under ZURGLE CORPORATION are products, merchandise, and/or services which are directly to the buyer from ZURGLE. There is free shipping and handling any and all products and/or services purchased directly from ZURGLE CORPORATION. (USA shipping and handling only).
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, ZURGLE has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
TERMS AND SERVICE- DEFINITION
THE TERMS AND SERVICES AGREEMENT: is the agreement that all users of this website must follow while using the platform and must agree to before registration of an account. The Terms and Service Agreement governs the ZURGLE marketplace platform.
POLICY ENFORCEMENT
As an intermediary service provider, ZURGLE has no obligation to monitor, regulate, or police content on its platform. ZURGLE does reserve the right to do so. We reserve the right to refuse, remove, or to terminate your account, with or without notice, if we believe that the seller/user has violated policy and/or violated any local, state, and federal law. We reserve the right to terminate an account at any time with or without any reason. We also reserve the right to refuse and/or remove an account at any time with or without notice. If an account is terminated the user will not be able to use any ZURGLE platform including any and all ZURGLE affiliates and subsidiaries.
USING THE ZURGLE MARKETPLACE PLATFORM
In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations Set forth are prohibited on the platform. Any violation of this terms may result in immediate termination of your account. ZURGLE reserves the legal right to terminate an account at any time with or without reason. We reserve to terminate your account if any of our policies and/or terms and conditions are violated. These include and are not limited to:
You agree that you will not:
· use our Services if you are not able to form a legally binding contract. You agree that you are at least 18 years old or older during the time you registered an account and accessed the platform. You agree you are not temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
ZURGLE CORPORATION
P.O. Box 2681 Charleston, West Virginia, 25330,
UNITED STATES OF AMERICA (USA)
Any violations of terms in this policy will result in an immediate termination of your account.
In connection with using the ZURGLE marketplace platform you agree to comply with this user agreement, terms, policies, and all applicable laws, rules, and regulations. You agree that you will not:
ZURGLE CORPORATION
P.O. Box 2681
Charleston, West Virginia, 25330,
UNITED STATES OF AMERICA (USA)
Any violations of terms in this policy will result in an immediate termination of your account.
LISTING CONDITIONS AND SELLER AGREEMENT
When listing an item for sale on our Services, you agree to comply with ZURGLE’s listing and seller practices policy.
BANNED ITEMS
The following Items/Services are banned on this platform. Any violation(s) of this policy will result in an immediate termination of your account. These items include and are not limited to:
· Illegal items such as: illegal drugs, illegal firearms, explosives, bombs, illegal gambling, and etc.;
· Illegal services such as: prostitution, child prostitution, child pornography, bestiality pornography, and etc.;
· Gambling, pornography, alcohol and alcohol products, tobacco and tobacco products, vape pens, e-cigarettes, nicotine products, prescription drugs, lottery tickets, drug paraphernalia, firearms, and etc.,
Any products and/or services that are illegal and outlawed by local, state, and UNITED STATES FEDERAL LAW are prohibited to be sold on the marketplace. Any violation will result in an immediate termination of your account and can result in criminal and/or civil prosecution.
· You the seller assumes full responsibility for the item offered and the accuracy and content of the listing,
· You the seller acknowledge that your listing may not be immediately searchable by keyword or category for several hours including up to 24 hours from the initial listing. ZURGLE cannot guarantee exact listing duration,
PURCHASE CONDITIONS AND BUYER AGREEMENT
When buying an item on the ZURGLE platform, you agree to the buyer agreement and purchase conditions. You agree that
· It is the buyer’s responsibly pay for his or her transactions. The buyer has a legally binding contract when making a bid and/or purchase.
· You the buyer agree that you are of sound mind and body, acting on YOUR own free will, and fully understand the terms and conditions.
· You the buyer agree you are AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH THEY RESIDE at the time they first access the Platform, whether as a USER or a MEMBER. ZURGLE prohibits the use of this platform for any individual who is not 18 years old or older.
NON-BINDING BIDDER
In most product categories on ZURGLE, when bidder places a bid in an auction it’s considered a legally binding contract between the bidder/buyer and the seller. When you win an auction, you’re agreeing to complete the purchase. However, there are some categories where bids don’t create a formal contract between the buyer and seller. These include the following:
· Motor Vehicles
· Real Estate
These bids are considered non-binding. When you bid on an item in these categories, you’re expressing a strong interest in buying the seller’s item, but no formal purchase contract is created if you’re the winning bidder.
NON-PAYING BIDDER POLICY
When Members place bids have a legal obligation to pay for the items, services, and/or merchandise which they bid for and won. Members must pay for the items they win or commit to buy on ZURGLE within 4 calendar days. SELLERS- If a bidder does not pay for an auction they have won, orders can be canceled by the seller if a buyer hasn’t paid within 4 calendar days. If you still have open unpaid item cases, you have 30 days from the date they were opened to close them. If you don’t close them within 30 days, we’ll close them for you, but you won’t be eligible for a final value fee credit and the unpaid item won’t be recorded on the buyer’s account.
When a member wins an item, or uses Buy It Now to purchase an item, they must complete the purchase by sending full payment to the seller. Buyers must note:
A seller may cancel an unpaid order if the buyer doesn’t pay or contact them within 4 calendar days. Failure to pay for items is a violation of our policy. All unpaid items are recorded on a buyer’s account. Buyers who have excessive unpaid items, or canceled transactions, may have limits imposed and can be terminated from the platform.
PRICING, TAXES, AND FEES, AND CURRENCY
The minimum price a seller can charge is $1 USD except on auction listings. Auctions can start at a minimum of $0.01 USD (1 US Penny) There is no maximum charge for listings and/or auctions. ZURGLE will take a commission of 10% regardless of the total amount of the transaction. This includes if there is a shipping and handling fee. ZURGLE will not take a commission fee of more than 10% on any transaction. The seller can post content without listing fees and may post unlimited listings. on our behalf when required.
UNPAID ITEMS POLICY FOR SELLERS
Sellers may cancel an unpaid order if a buyer hasn’t paid within 4 calendar days
Sellers may be eligible to receive fee credits according to our fee credits policy
Sellers should avoid falsely cancelling orders when the buyer has paid, or they may:
· Have all credits reversed for the time period in question
· Lose the ability to use the fee credit system
· Be subject to suspension
ZURGLE will automatically remove feedback left by a buyer who didn’t pay for an item. Feedback may be removed in two cases
· If the seller cancels the order due to the buyer’s failure to pay
· If the buyer is suspended
Activity that doesn’t follow ZURGLE policy could result in a range of actions including: administratively ending or cancelling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account termination. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
RETURNS AND CANCELLATIONS
Sellers can create rules to automate replacements, returns, and refunds in their refund/return policy. When an item is returned, to refund the buyer, you the seller can opt to do free returns in which you pay the costs of the return shipping label or you the seller can require the buyer to pay for the return shipping and handling costs.
ZURGLE also has a shipping program where you the seller can request a shipping label from ZURGLE and we can remove the fee from your account, place the amount on your invoice, and/or charge your payment method on file. The cost of return shipping for an item that is not as described is the seller’s responsibility.
If the seller requests a shipping label from ZURGLE, You the seller authorize ZURGLE to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:
· ZURGLE CORPORATION will send a ZURGLE-generated shipping label to be used free of charge to the buyer if he or she needs to return a product. All ZURGLE CORPORATION products and services have free returns.
All transactions of goods and/or services come with a 30-Day money back guarantee that is backed by ZURGLE CORPORATION regardless if the merchandise is sold by a first party vendor (ZURGLE CORPORATION), a second party vendor, or a third-party vendor.
REFUND POLICY AND ZURGLE MONEY BACK GAURANTEE: If a purchase was made through a second party or third-party seller the buyer must follow the seller’s return policy. Purchases made directly from ZURGLE. via ZURGLE CORPORATION has a 30- Day money back guarantee. Items in the following scenarios do not have a refund policy.
· Intellectual property such as: websites, custom content, downloadable songs, and etc.
· Gold, silver, currency, bullion, precious metals, precious stones, and etc.
· Tickets sold on the market place
· Autographed Sports memorabilia
The only two exceptions to the non-refundable policy include:
· If the seller fails to deliver an intellectual property to the buyer within 30 calendar days
· If the seller ships an item and it is lost, damaged, or stolen. (Sellers are encouraged send items with tracking and/or insurance). If an item is lost and there is not a tracking information, we cannot guarantee that the we will rule in favor of the seller. We recommend all items shipped that cost $100 or more be shipped with tracking and signature confirmation.
BUYER AND SELLER COMMINICATION
All communication must only be made in the ZURGLE platform through the messaging tool. Sellers are prohibited from giving personal communications methods such as: Email address, website address, phone numbers, and social media accounts. Sellers are prohibited from posting their personal websites, links to other e-commerce websites and stores, and links to social media. Sellers and prohibited from taking and/or suggesting outside payment methods and other websites in which they sell their content. Violation of this policy will result in an immediate termination of account.
AUTHORIZATION TO CONTACT YOU
ZURGLE may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, via email, and/or the messaging center located on the website to: (1) notify you regarding your account; (2) collect a debt; (3) troubleshoot problems with your account; (4) resolve a dispute; and/or (5) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. You the, user/member, agree and consent that we have the right and authority to do so.
SELLER/BUYER DISCLAIMER
THE SELLER/BUYER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM NOT RESULTING FROM ZURGLE’S ACT. THE USER AGREE TO FOLLOW ALL LOCAL, STATES, FEDERAL, AND ANY INTERNATIONAL AND NATIONL LAWS OF THE COUNRTY THAT HE, SHE, OR IT RESIDES DURING THE REGISTRATION OR ACCESS OF HIS, HER, OR ITS ACCOUNT. ZURGLE WILL NOT BE LIABLE FOR ANY ILLEGAL ACT COMMITTED BY THE USER WHICH INCLUDES CIVIL DAMAGES AND/OR CRIMINAL PROSECUTION. THIS INCLUDED, BUT IS NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, THREATS, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, COPYRIGHT INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS, OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. ZURGLE CORPORATION PLEDGES TO DO ALL WITHIN ITS RESPONSIBILITY AND LEGAL POWER BY LAW TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER (SELLER/BUYER). IF THE USER HAS ANY QUESTIONS OR CONCERNS, THEY MAY EMAIL US AT admin@zurgle.com . WE CAN ALSO BE REACHED VIA LIVE CHAT WHEN WE ARE AVAILABLE.
ALL WRITTEN REQUESTS MUST BE MAILED TO THE ADDRESS LISITED BELOW
ZURGLE CORPORATION
P.O. BOX 2681
CHARLESTON, WV, USA 25330
TERMINATION, BANNED SELLER, AND BANNED BUYER
TERMINATIONS: ZURGLE has the right to terminate an account at any time with or without reason. In case an account is terminated the seller will be given a 30-calendar day notice. If a seller violates our policy, breaks any local, state, and federal law or uses the platform for illegal and/or fraudulent activity ZURGLE reserves the legal right to terminate the account without warning. Once an account is terminated the seller cannot register a new account and is permanently banned from using Zurgle.com and any affiliates and subsidiaries
BANNED SELLER: If a Seller is ever banned from the ZURGLE platform, for any reason, their content will be removed and unavailable for future purchase. We will not issue a refund for buyers who have already purchased the merchandise and will not issue a reimbursement in cases where products become unavailable due to the seller being banned. Buyers acknowledge that they alone assume the risk when choosing to purchase content that is purchased through a second or third-party seller on Zurgle.com. Sellers who are banned will not be allowed to open another Zurgle.com account on any platform. This includes any and all ZURGLE affiliates and/or subsidiaries. We reserve the right to take civil action and/or criminal prosecution if this policy is violated and if a banned buyer who tries to open another account(s).
BANNED BUYER: If a buyer banned from the ZURGLE platform, for any reason, their content will be removed and unavailable for future purchase. Buyers who are banned will not be allowed to open another account on any platform. This includes any and all ZURGLE affiliates and/or subsidiaries. We reserve the right to take civil action and/or criminal prosecution if this policy is violated and if a banned buyer who tries to open another account(s).
PRICING, TAXES, AND FEES, AND CURRENCY
PRICING: The minimum price a seller can charge is $1 USD except on auction listings. Auctions can start at a minimum of $0.01 USD (1 US CENT) There is no maximum charge for listings and/or auctions. The minimum listing price for an item is $0.01 (1 US CENT). There is no maximum price a seller can charge for an item and or service in which they list for sale. The first picture can be uploaded free of charge.
ZURGLE’S FEES
ZURGLE takes a final commission fee of 10% (percent) of the final sale. This includes any and all fees the seller charges the buyer which includes shipping and handling. ZURGLE takes 10% regardless of how much the final sale price is excluding any sales tax. If the buyer returns an item and/or service ZURGLE will refund the seller the final commission fee of 10%, however if the seller paid for additional fees, such as additional pictures and/or reserve fee those fees are non-refundable. There is a $0.10 (10 US CENTS) charge for each picture after the first free picture. There is a $5.00 (5 USD) for a reserve price option regardless of the listing price of the item and/or service. All fees must be paid in full prior to listing an item and/or service for sale. ZURGLE will take a commission of 10% regardless of the total amount of the transaction. This includes if there is a shipping and handling fee. ZURGLE will not take a commission fee of more than 10% on any transaction. The seller can post content without listing fees and may post unlimited listings.
TAXES: Federal law requires a sales tax of 7% of the final sale. There may be additional taxes depending on the city, state, and country in which the Member resides. All sellers are required to fill out, sign, and submit a W9 tax form. All prices on the Platform are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods and services, harmonized, or other taxes, fees, or charges now in force or enacted in the future and such taxes may be added by our payment processor.
CURRENCY/PAYOUTS
CURRENCY: All amounts to make purchases are in United States Dollar (USD) only. No other currencies are legal tender on the platform. The only currency used on the platform is The United States Dollar (USD)The minimum cash out amount is $1 (USD). You the seller may cash out at any time. There is no waiting for a cash out date.
HOLDS AND RESTRICTED FUNDS
To protect ZURGLE from risk of liability for your actions as a seller, ZURGLE has at times recommended, and may continue to recommend, that our payment department restrict access to funds in a seller’s account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of a ZURGLE Money Back Guarantee case. We reserve the right to restrict funds on a seller’s account at any given time with or without notice if we feel that this policy has been violated.
PAYMENTS
All payment must be made via the ZURGLE payment processor or the crypto currencies that are available on the platform. Sellers and Buyers cannot accept and/or offer an outside payment method. Offering outside methods including but not limited to: PayPal, Western Union, Cashapp, other crypto currencies not offered on the ZURGLE platform, and etc. will result in an immediate termination of your account.
CONTENT
When you provide content using our Services (directly or indirectly), you grant ZURGLE CORPORATION a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against ZURGLE, our assignees, our sublicensees, and their assignees in connection with our, those assignees’’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under the Terms Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with the Terms Agreement, does not and will not infringe any Intellectual Property Rights of any third party. We take no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties which includes ZURGLE users. You may use that content solely in your ZURGLE listings. We may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that ZURGLE is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
INTERNATIONAL SELLING AND BUYING TRANSLATION
zurgle.com is a global marketplace, which means your ZURGLE listings may be viewed and purchased by, and shipped to, buyers around the world. Such listings may be shown on the same or a different site on which you listed the item. If you purchase an item on a ZURGLE site that is different from your registration site, you are still subject to the ZURGLE User Agreement
If your item sells, you will be bound by the User Agreement and policies, including any buyer protection policies, of the site on which the item is sold and, potentially, the laws of the country of the relevant site. If you do not want your item to be sold to buyers internationally, you can use ZURGLE’s Geo/Region blocker exclude countries and/or regions on your account.
Many of ZURGLE’s services are accessible internationally. We may offer certain programs, tools, products, services, and merchandise and site experiences of particular interest to international sellers and international buyers. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
INTERNATIONAL SELLERS: Sellers must agree that we may display your listing for sale on zurgle.com, its subsidiaries, and affiliate sites other than the site where you listed your item for sale, based on your shipping settings. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on a ZURGLE site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that subsidiary and/or affiliate site.
You authorize us to use automated tools to translate your ZURGLE content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translations are not guaranteed.
INTERNATIONAL SHIPPING: As a seller it is your responsibility to provide the buyer with international shipping laws, taxes, and/or duties. If you are a seller selling from The United States of America there may be additional customs paperwork need to ship internationally. This information can be found on The U.S. customs and Border Protection website.
ZURGLE CORPORATION PRODUCTS/SERVICES
Shipping, handling, customs fees, and any and all international trade fees must be paid by the buyer for products and or services sold directly by ZURGLE CORPORATION to the buyer is the buyer is located outside of the lower 48 states of The United States of America (USA).
As a buyer you must understand the laws and regulations of international shipping. International shipping may and can include taxes and or duties. If you are a buyer from The United States of America there may be additional customs paperwork need to receive shipments from foreign countries. This information can be found on The U.S. customs and Border Protection website.
As a seller or buyer, you acknowledge that the goods, services, products, and etc. that you sell or buy are not illegal in the country in which you reside. You agree that you are responsible to follow any and all local, state, federal, and international laws and regulations. ZURGLE will not be held legally liable for any violation of law. Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information. You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by ZURGLE-to-ZURGLE CORPORATION.
RELEASE AND INDEMNITY
RELEASE: If you have a dispute with one or more users, you release ZURGLE, its, affiliates, and subsidiaries, and our and their respective officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that you will not hold ZURGLE legally liable in any and all civil and criminal lawsuits which may arise between you and one or more users.
You agree that in entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
INDEMNITY: You agree that you will indemnify and hold ZURGLE CORPORATION, its affiliates, and subsidiaries, as well as our and their respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, civil lawsuits, criminal actions and/or lawsuits made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
COPYRIGHT INFRINGEMENT POLICY
COPYRIGHT SECTION 512(c) of Title of the United States Code
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act.) ZURGLE’s Admin works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our admin via email at admin@zurgle.com , and/or the Live Chat Option when available and/or in writing to:
ZURGLE CORPORATION
P.O. Box 2681 Charleston, West Virginia 25330, USA.
LEGAL TERMS AGREEMENT
LIMITATION OF LIABLILTY
In addition, to the extent permitted by applicable law, in no event will ZURGLE CORPORATION, which includes our affiliates and subsidiaries, and, and our and their officers, directors, agents and employees be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or ZURGLE CORPORATION was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ZURGLE HAVE AGAINST EACH OTHER ARE RESOLVED.
This Legal Disputes Section is an agreement between you (User/Buyer/Seller) and ZURGLE CORPORATION, its affiliates, and subsidiaries, predecessors, successors, assigns, as well as ZURGLE’s respective employees and agents.
You and ZURGLE agree that any claim or dispute at law or equity that has arisen, or may arise, between you and ZURGLE and any related third parties that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of ZURGLE and/or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Terms Agreement.
APPLICABLE LAW
You agree that, except to the extent inconsistent with or preempted by local laws, state laws, national laws, international law of in the jurisdiction in which you reside, federal law, and the laws of the State of West Virginia (Where ZURGLE CORPORATION is located), without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and ZURGLE CORPORATION, except as otherwise stated in this User Agreement. By using any ZURGLE platform and/or Service, you agree that applicable federal law, and the laws of The State of West Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ZURGLE CORPORATION.
Any dispute or claim relating in any way to your use of any ZURGLE platform and/or service will be adjudicated in the state or Federal courts in Kanawha County, West Virginia, United States of America (USA) and you consent to exclusive jurisdiction and venue in these courts. You and ZURGLE CORPORATION each waive any right to a jury trial.
You and ZURGLE CORPORATION each agree that any and all disputes and/or claims that have arisen, or may arise, between you and ZURGLE and/or any related third parties that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of ZURGLE, its affiliates, it subsidiaries, its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in a court of law.
Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act (FAA), and to the extent not inconsistent with the FAA, the laws of the State of Utah, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ZURGLE CORPORATION 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 ZURGLE 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 this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to you and ZURGLE’s right to appeal the court’s decision. All other claims will be arbitrated.
ARBITRATION PROCEDURES
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except those 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 decide.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute. The Notice of Dispute must be sent to ZURGLE must be sent to
Attention: Litigation Department, Re: Notice of Dispute,
ZURGLE CORPORATION
P.O. BOX 2681 CHARLESTON, WEST VIRGINIA, 25330
UNITED STATES OF AMERICA (USA)
ZURGLE will send any Notice to you to the physical address we have on file associated with your ZURGLE account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and ZURGLE are unable to resolve the claims described in a valid Notice within 30 calendar days after ZURGLE receives that Notice, you or ZURGLE may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. 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 ZURGLE at the following address:
ZURGLE CORPORATION
P.O. BOX 2681 CHARLESTON, WEST VIRGINIA, 25330,
UNITED STATES OF AMERICA(USA).
In the event that ZURGLE CORPORATION. initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your ZURGLE account. Any settlement offer made by you or ZURGLE shall not be disclosed to the arbitrator. If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Charleston, Kanawha County, Charleston, West Virginia, United States of America (USA). 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 ZURGLE 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.
COSTS AND FEES OF ARBITRATION
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association ‘s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of this Agreement (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, you will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by ZURGLE CORPORATION should be submitted by mail to the American Arbitration Association along with your Demand for Arbitration and ZURGLE will make arrangements to pay administration and arbitrator fees directly to the American Arbitration Association. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ZURGLE CORPORATION for all fees associated with the arbitration paid by ZURGLE on your behalf that you otherwise would be obligated to pay under the American Arbitration Association ‘s rules.
1. Severability: With the exception of 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.
2. Opt-Out Procedure: IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. THE OPT-OUT NOTICE MUST BE MAILED TO
ZURGLE CORPORATION.,
ATTN: ZURGLE RE: OPT-OUT NOTICE,
P.O. BOX 2681 CHARLESTON, WEST VIRGINIA, 25330,
UNITED STATES OF AMERICA(USA).
You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the ZURGLE platform and/or Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against ZURGLE CORPORATION prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and ZURGLE. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.zurgle.com at least 30 calendar days before the effective date of the amendments and by providing notice through the ZURGLE Messaging Center and/or by email at admin@zurgle.com. If you do not agree to these amended terms, you may close your account within the 30 calendar days period and you will not be bound by the amended terms.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. At our sole discretion, we may assign this User Agreement.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.zurgle.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 calendar days’ notice by posting the amended terms. Additionally, we will notify you through the ZURGLE Messaging Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an ZURGLE representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
Without limiting ZURGLE ‘s ability to refuse, modify, or terminate all or part of our Services, we may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination. ZURGLE reserves the right to change the policies and terms posted on our Services. We will inform you if a change(s) occurs VIA the messaging center and/or by email at admin@zurgle.com
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The Legal Terms Agreement, User Agreement, and all terms and polices posted through our Services set forth the entire understanding and agreement between you and ZURGLE, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Holds and Restricted Funds, Managed Payments, Additional Terms, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
ZURGLE’S RESPONSIBILITIES; DISCLAIMERS, AND INDEMNIFICATION
As an intermediary service provider, ZURGLE has no obligation to monitor, regulate, or police content on its platform. We do reserve the right to do so. We reserve the right to refuse, remove, or to terminate your account, with or without notice, if we believe that the seller/user has violated policy and/or violated any local, state, and federal law. ZURGLE reserves the right to terminate an account at any time with or without any reason. We also reserve the right to refuse and/or remove an account at any time with or without notice. If an account is terminated the user will not be able to use any ZURGLE platform including ZURGLE affiliates and subsidiaries.
ZURGLE’S RESPONSIBILITIES; DISCLAIMERS, AND INDEMNIFICATION
ZURGLE.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. THE USER AGREES NOT TO HOLD ZURGLE LIABLE. THE SELLER/BUYER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM NOT RESULTING FROM ZURGLE’S ACT. THE USER AGREE TO FOLLOW ALL LOCAL, STATES, FEDERAL, AND ANY INTERNATIONAL AND NATIONL LAWS OF THE COUNRTY THAT HE, SHE, OR IT RESIDES DURING THE REGISTRATION OR ACCESS OF HIS, HER, OR IT’S ACCOUNT. ZURGLE WILL NOT BE LIABLE FOR ANY ILLEGAL ACT COMMITTED BY THE USER WHICH INCLUDES CIVIL DAMAGES AND/OR CRIMINAL PROSECUTION. THIS INCLUDED, BUT IS NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, THREATS, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, COPYRIGHT INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS, OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. ZORQLE PLEDGES TO DO ALL WITHIN ITS RESPONSIBILITY AND LEGAL POWER BY LAW TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER (SELLER/BUYER). IF THE USER HAS ANY QUESTIONS OR CONCERNS, THEY MAY EMAIL ZURGLE AT admin@zurgle.com WE CAN ALSO BE REACHED VIA LIVE CHAT WHEN AGENT(S) ARE AVAILABLE. ALL WRITTEN REQUESTS MUST BE MAILED TO THE ADDRESS LISITED BELOW
ZURGLE CORPORATION
P.O. BOX 2681
CHARLESTON, WV, USA 25330
DISCLAIMER
ZURGLE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING. WE CANNOT GAURANTEE THAT THE ZURGLE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZURGLE SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, NATURAL DISASTERS, HUMAN ERROR, HUMAN DISASTERS, TECHNICAL DIFFICULTIES, AN ACT OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A COMPUTER, SERVER, OR SOFTWARE WHICH INCLUDES OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM’S PERFORMANCE. ZURGLE WILL NOT BE HELD LIABLE FOR CIVIL DAMAGES NOR CRIMINAL PROSECUTION. THE USER (SELLER/BUYER) ASSUMES ALL REPSONSIBILY IN REGARDS TO THEIR ACCOUNT.
ZURGLE.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. THE USER AGREES NOT TO HOLD ZURGLE LIABLE.
THE SELLER/BUYER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM NOT RESULTING FROM ZURGLE’S ACT. THE USER AGREE TO FOLLOW ALL LOCAL, STATES, FEDERAL, AND ANY INTERNATIONAL AND NATIONL LAWS OF THE COUNRTY THAT HE, SHE, OR IT RESIDES DURING THE REGISTRATION OR ACCESS OF HIS, HER, OR IT’S ACCOUNT. ZURGLE WILL NOT BE LIABLE FOR ANY ILLEGAL ACT COMMITTED BY THE USER WHICH INCLUDES CIVIL DAMAGES AND/OR CRIMINAL PROSECUTION. THIS INCLUDED, BUT IS NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, THREATS, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, COPYRIGHT INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS, OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. ZURGLE PLEDGES TO DO ALL WITHIN ITS RESPONSIBILITY AND LEGAL POWER BY LAW TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER (SELLER/BUYER). IF THE USER HAS ANY QUESTIONS OR CONCERNS, THEY MAY EMAIL ZURGLE AT admin@zurgle.com . WE CAN ALSO BE REACHED VIA LIVE CHAT WHEN AGENTS ARE AVAILABLE. ALL WRITTEN REQUESTS MUST BE MAILED TO THE ADDRESS LISITED BELOW
ZURGLE CORPORATION
P.O. BOX 2681
CHARLESTON, WV, USA 25330
. THE USER AGREE TO FOLLOW ALL LOCAL, STATES, FEDERAL, AND ANY INTERNATIONAL AND NATIONL LAWS OF THE COUNRTY THAT HE, SHE, OR IT RESIDES DURING THE REGISTRATION OR ACCESS OF HIS, HER, OR IT’S ACCOUNT. ZURGLE WILL NOT BE LIABLE FOR ANY ILLEGAL ACT COMMITTED BY THE USER WHICH INCLUDES CIVIL DAMAGES AND/OR CRIMINAL PROSECUTION. THIS INCLUDED, BUT IS NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, THREATS, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, COPYRIGHT INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS, OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. ZURGLE PLEDGES TO DO ALL WITHIN ITS RESPONSIBILITY AND LEGAL POWER BY LAW TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER (SELLER/BUYER). IF THE USER HAS ANY QUESTIONS OR CONCERNS, THEY MAY EMAIL ZURGLE AT admin@zurgle.com . WE CAN ALSO BE REACHED VIA LIVE CHAT WHEN AGENTS ARE AVAILABLE. ALL WRITTEN REQUESTS MUST BE MAILED TO THE ADDRESS LISITED BELOW
ZURGLE CORPORATION
P.O. BOX 2681
CHARLESTON, WV, USA 25330
