Effective Date: June 27, 2023
The GameStop Pro Program (“Program”) is sponsored by GameStop® (“GameStop” or “we” or “us” or “our”) and governed by these Terms and Conditions, which can be found at https://www.gamestop.com/TermsConditions.html or anywhere else that they are displayed or linked (“Terms”).
Please read these Terms and the Privacy Policy carefully because they govern your participation and use of the Program. You (“You” or “Member”) acknowledge and agree that by accessing, joining, or using the Program you have read, understand, and agree (a) to be bound by these Terms, including the GameStop Privacy Policy at https://www.gamestop.com/PrivacyPolicy.html, (b) to receive advertising, marketing materials, and other communications, unless expressly prohibited by law; and (c) to comply with all applicable laws and regulations. If you do not agree to, or cannot comply with, these Terms, then you must stop accessing, joining, or using the Program.
We may revise these Terms to reflect changes to the Program, our users’ needs, our business priorities, or changes in laws and regulations. We will give you notice of such revisions in accordance with legal requirements. If, however, you do not agree to, or cannot comply with, the modified Terms, you must immediately stop accessing, joining, or using the Program. Your continued use of the Program after any such update constitutes your binding acceptance of such changes.
THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT, AS FURTHER SET FORTH IN THE "DISPUTE RESOLUTION" SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
Membership Eligibility
Membership in the Program is valid only at participating GameStop U.S. retail store locations and online at www.GameStop.com. Except where GameStop explicitly provides, membership is not valid for alternate locations, such as the GameStop NFT Marketplace. Membership is open to residents of the United States who are 13 years of age or older. If a Member is between 13 and the age of majority in his/her state, then the Member agrees that he/she has obtained permission from a parent or legal guardian to access, join, or use the Program. GameStop does not knowingly collect information from children under 13. If you are a parent, guardian, or other person and become aware of information collected from an individual under 13, please contact us immediately by toll-free phone at 1-800-883-8895 or via the Contact Us section below.
Your Account
To participate in the Program or to sign up for a Membership, you will create a GameStop account (the “Account” or “GameStop Account”). You may have only one (1) GameStop Account as part of the Program. Creation of multiple GameStop Accounts can result in termination of all your GameStop Accounts, Membership(s) and/or associated activities. Members are responsible for maintaining accurate and updated personal information in their GameStop Account.
You can create a free GameStop Account without participating in the Program. However, you will not receive the benefits of the Program unless you have a Membership in good standing in the Program.
Members can obtain information about the Program, their GameStop Account activity, and change their profile preferences and contact information at any time by visiting www.gamestop.com/account . GameStop Account and Program information may also be obtained by contacting GameStop Guest Care (“Guest Care”) as described in the Contact Us section below.
You are responsible for notifying us if you become aware of any unauthorized use of or access to your GameStop Account. To contact us, please see the Contact Us section below. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your GameStop Account. GameStop will not be liable for any loss, damages, liability, expenses, or lawyers’ fees that you may incur as a result of someone else using your password or GameStop Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by GameStop or a third party due to someone else using your GameStop Account.
Advertising, Marketing Materials, and Other Communications
Members agree to receive advertising, marketing materials, and other communications, including but not limited to, email, SMS text, telephone, push notifications or direct mail, unless expressly prohibited by law.
Membership
Membership numbers, cards (digital or otherwise), points, offers, reward certificates, and any other benefits of the Program are nontransferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers, and rewards certificates do not constitute property of the Member. Accumulated points and coupons are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. Points and other benefits of the Program may be taxable where required by law.
Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of GameStop websites and mobile applications including, without limitation, www.GameStop.com and the GameStop App (which includes the iOS and Android versions thereof) ("Access Codes"). Transactions completed on www.GameStop.com or the GameStop App are subject to the Conditions of Use found at https://www.gamestop.com/disclaimer.html. Each Member has the responsibility for the use of and maintaining the confidentiality of Member’s own Access Codes.
Entities or persons are prohibited from using the Program for profit and are not eligible to become Members or to accumulate points.
GameStop reserves the right at any time to modify or discontinue, temporarily or permanently, the Program (or any part thereof), with or without notice. GameStop shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Program. We reserve the right, but are not obligated, to limit the sales of our products or the Program to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services or related pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Program or on any related website is inaccurate at any time without prior notice.
GameStop may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Program at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Program, these Terms will terminate and all rights you have to access the Program will immediately terminate; however, certain provisions of these Terms will still apply post termination, including, without limitation, and as applicable, the Mandatory Arbitration and Class Action Waiver provisions.
Termination of your GameStop Account may also include, at GameStop's sole discretion, the deletion of your GameStop Account and/or User Content, and you will not be able to retrieve any information related to your GameStop Account except as required by applicable law. If we terminate your right to access the Program, you will remain liable for all amounts due up to and including the date of termination. Cancellation of Membership results in loss of all of Member’s accumulated points (bonus or otherwise).
A Member may voluntarily cancel his or her Membership by notifying Guest Care as indicated in the Contact Us section below. Members who cancel voluntarily may not re-activate their Membership.
GameStop Pro® Membership (formerly known as GameStop PowerUp Rewards Pro Membership)
At time of enrollment, or at any time after initial enrollment, a Member may purchase a GameStop Pro Membership ("Pro Member," “Pros,” or "Pro Membership") in select stores participating in the Program, or online at www.gamestop.com or through the GameStop App. The current price for a Pro Membership is $25 per year. Membership fees and terms (which include benefits) may vary and are subject to change at any time and in GameStop’s sole discretion. Current GameStop PowerUp Rewards Pro Members in good standing as of June 26, 2023 will be automatically switched to a GameStop Pro Membership. Subject to change without notice, a Pro Member is entitled to the following benefits commencing immediately following the purchase of the Pro Membership:
Substantiation of Claims
For illustrative purposes only, the following is an example of how members can receive up to $70 in annual value from the GameStop Pro Membership:
Pro Members can potentially increase their annual value by utilizing the additional benefits (such as the above-listed 5% extra off discount on certain categories, 2% back in rewards, annual digital access to Game Informer magazine, and 10% extra trade-in credit) stated in these Terms.
GameStop Pro Membership Management
A Pro Member may cancel their Membership and receive a full refund within two (2) days of purchase of the Membership if the Member has not used any of the Pro benefits, including earning points or discounts, subject to certain conditions. Upon returning the Pro Membership materials, the Pro Membership will be downgraded to the free GameStop Account. A Member may cancel his or her Pro Membership at any time (without refund) by notifying Guest Care by mail, email, or telephone (see the Contact Us section below). GameStop, in its sole discretion, reserves the right to cancel an individual Pro Membership by refunding the purchase price. Cancellation will result in the loss of all of Member’s accumulated points (bonus or otherwise).
In the event a Pro Member does not pay to renew their Membership after the 1-year period, the Member's Account will be downgraded to the free GameStop Account.
Accumulation of Points & Points Expiration
Only active Pro Members accumulate points, wherein “active” means the Member having a current GameStop Pro Membership in good standing with a purchase in the past twelve (12) months. Pro Members accumulate 20 points for every $1 spent on any eligible product purchase, excluding the purchase of GameStop gift cards, when a Pro Member's account number is provided at time of purchase of eligible products in store or online. Rates are subject to change without notice. “Accumulation of points” or “accumulated points” or “accumulate points” or “earned points” means points (bonus or otherwise) that are posted to or recorded on a Member’s GameStop Account based on an eligible purchase or bonus.
Points will post or record to a Member’s GameStop Account within approximately 24-48 hours from the time of purchase. Points for online orders may not post or record until the entire order has been fulfilled. Members are responsible for ensuring that their points are properly posted or recorded on their respective GameStop Accounts. If proper posting or recording of points does not appear on the Member’s activity statement, the Member should contact Guest Care within thirty (30) days of the purchase or grant of bonus, respectively. No adjustments to a Member's Account will be made after 30 days from the actual date of purchase or the grant date of bonus, respectively, except at GameStop's sole discretion.
Select other products may, at any or all times, accumulate lower or zero-point values at GameStop's sole discretion.
GameStop Accounts do not accumulate points.
The dollar amount of any eligible product purchased will be rounded up to the nearest whole dollar before accumulated points are calculated. Point calculations are based upon dollars spent at checkout on eligible purchases less taxes, fees, delivery charges, rebates, or other excluded charges.
Points cannot be accumulated on purchases made before a Member initiates a GameStop Account and Members cannot view their accumulated points or redeem their points for rewards until the GameStop Account profile is completed at www.gamestop.com/create-account.
Members do not accumulate points for the amount of any coupons redeemed or discounts applied or other ineligible tender type. When Members return products to the store, points previously posted to a Member's GameStop Account for that purchase will be deducted from the Member's GameStop Account. Other exclusions and limitations may apply.
Except as may be required by law, in the event that a Member returns merchandise that was partially or wholly paid for with a coupon(s), the coupon(s) and points used in connection with the purchase will not be reissued.
The following concerns changes to the point expiration terms for Pro Members:
GameStop reserves the right to change the points expiration terms at any time without notice and at its sole discretion.
Prohibited Activities and Uses
Use of the Program for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Abuse of the Program, including failure to comply with these Terms, the Conditions of Use and the Privacy Policy , may result in cancellation or termination of the Member's GameStop Account and/or Pro Membership and disqualification from participation in the Program and forfeiture of all points accumulated. In connection with the enforcement of any of these Terms, GameStop reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and costs.
Without limitation, you will not:
GameStop Pro® Membership Auto-renew Program
Pro Members may opt to participate in the auto-renew program, which allows the Member to automatically renew their Pro Membership each year using payment information GameStop has on file (“Auto-renew Program”).
PARTICIPANTS IN THE AUTO-RENEW PROGRAM UNDERSTAND AND EXPRESSLY AGREE THAT, UNLESS THEY CANCEL, 1) THEIR MEMBERSHIP IN THE PRO MEMBERSHIP PROGRAM WILL AUTOMATICALLY RENEW EACH YEAR, AND 2) THEY AUTHORIZE GAMESTOP (WITHOUT NOTICE, UNLESS REQUIRED BY LAW) TO COLLECT AND CHARGE $25 (OR THE THEN-APPLICABLE MEMBERSHIP FEE) EACH YEAR ON OR ABOUT THE ANNUAL ANNIVERSARY OF THE DATE THEY ENROLLED IN THE AUTO-RENEW PROGRAM (“ANNIVERSARY”) USING ANY CARD OR OTHER PAYMENT METHOD THAT GAMESTOP HAS ON FILE FOR THEM. ALL PRICES ARE PLUS APPLICABLE TAXES. GAMESTOP MAY, IN ITS SOLE DISCRETION, CHANGE THE ANNUAL MEMBERSHIP FEE. TO CANCEL, MEMBERS MUST VISIT GAMESTOP.COM/ACCOUNT. EMAIL CARE@GAMESTOP.COM , OR CALL 1-800-883-8895 AT LEAST 5 DAYS BEFORE THEIR ANNIVERSARY. IF A MEMBER IS EMAILING THEIR CANCELLATION, THEY MUST PROVIDE THE NAME AND EMAIL ADDRESS ASSOCIATED WITH THEIR MEMBERSHIP. CHANGES TO THE AUTO-RENEW PROGRAM WILL BE COMMUNICATED AS REQUIRED BY LAW.
Members in the Auto-renew Program are required to maintain accurate and up-to-date payment information to participate, which may be updated by visiting gamestop.com/account, emailing CARE@GAMESTOP.COM (do NOT email us your payment information), or calling 1-800-883-8895. Should payment fail, your Membership will not renew and benefits will stop effective immediately. GameStop assumes no responsibility or liability if a Member’s participation in the Pro Membership Program is suspended or otherwise expires because of outdated or incorrect personal or payment method information, outdated or invalid payment method, or force majeure events, including, but not limited to, acts of God, flood, fire, earthquake, tornados, hurricanes or explosion, war, invasion, hostilities (whether war is declared or not), terrorist threat or act, riot or other civil unrest, government order or law, embargoes, sanctions, actions by any government authority, national or regional emergencies, strikes, labor stoppages or slowdowns or other industrial disturbances, epidemic, pandemic, power failure and other similar events beyond GameStop’s control.
Cancellation will stop further charges and stop auto-renewal of the Pro Membership; however, no prorated amounts shall be refunded to the Member upon cancellation or termination of participation in the Auto-renew Program unless where required by law. If cancelled, a Member’s Pro Membership will be valid and continue through the end of the then-current billing cycle.
Game Informer Magazine
Annual digital subscription of Game Informer Magazine, a Sunrise, Inc. (“Publisher”) publication, is included as part of the Pro Membership, and may not be cancelled for a refund separate from the original Membership except as permitted in these Terms. Game Informer Magazine will be distributed digitally in a number of issues or publications to be determined at the discretion of the Publisher.
Pro Members who previously signed up for the Membership that included a print subscription to Game Informer Magazine may continue to receive their print issues in the mail if their Membership is active and in good standing and their personal information in their GameStop Account is up-to-date. GameStop does not guarantee the delivery of the Game Informer magazines.
For more information about Game Informer Magazine, please visit https://www.gameinformer.com/help and Game Informer’s Terms and Conditions , contact Guest Care at care@gamestop.com , or call 1-800-883-8895.
Redemption of Points and Point-Management Preferences
Points may be redeemed for reward certificates of various denominations. Members redeeming points for a reward certificate for use at a GameStop store must present the reward certificate, along with valid proof of identification at the time of use. Reward certificates may be used in conjunction with most other discounts, but the total discounts may not exceed the purchase amount. Limit of three (3) of any coupon, discount, or other offer per person, per account, per day. Reward certificates of the same value are not stackable. Offers and reward certificates are not valid on prior purchases, certain products and services, purchase of gift cards, downloadable content ("DLC"), or for tax or state fees. Other restrictions may apply. Reward certificate and offer expiration dates are as listed on each certificate or offer, and reward certificates will not be replaced if lost or stolen. Only active Pro Members can redeem reward certificates.
GameStop may also change the available Member settings and point redemption options, at any time and in its sole discretion, consistent with applicable law.
GameStop’s Rewards Center
In addition to reward certificates, Members may redeem points for items in GameStop’s Rewards Center by visiting a GameStop store (subject to verification of Member and applicable GameStop Account; limit of three (3) redemptions per day) or online at GameStop's Rewards Center. The Rewards Center is subject to change at any time without notice in GameStop’s sole discretion. GameStop also reserves the right to make different offers to different Members at different points in time.
Members redeeming points for merchandise outside of GameStop stores will receive an email confirmation including instructions for redemption. Partner coupons are provided by and are the responsibility of the partner. GameStop assumes no responsibility for their continued validity or the continued operation of the partner.
Reservations
Members may make pre-order deposits (“Reservations”) toward the purchase of certain items. To redeem a Reservation, you must pay the remaining balance of product (plus any tax) at the store where the Reservation was placed when the product releases (“Release Date”).
Reservations are cancellable before or up to 30 days after Release Date to receive your money (or original form of tender; e.g., a gift card or store credit) back, apply the Reservation to a new reservation-eligible product, or use the Reservation as store credit. Reservations not redeemed or cancelled within 30 days after Release Date are automatically converted into non-expiring store credit redeemable only for merchandise from GameStop. No cash redemption or refunds except as required by law. No fees are charged against the balance of Reservation. If used without your permission, Reservations will not be replaced. Reservations are issued by and represent solely an obligation of Marketing Control Services, Inc. Terms and conditions are subject to change.
Privacy Policy
The information provided by or collected about You both online and/or in a GameStop retail store is subject to and will be handled according to the GameStop Privacy Policy, available at and subject to periodic update at https://www.gamestop.com/PrivacyPolicy.html.
Changes to the Program and the Terms
GameStop may change the Program and/or Terms, in whole or in part, at any time without notice, even though changes may affect the value of the points already accumulated. These Terms replace all previously-published information regarding the Program, and Members have the responsibility to check for any updates. If these Terms are updated, any changes will apply to all Members, including Members enrolled to the Program before GameStop posts or publishes the updated Terms except as may be prohibited by law.
Occasionally GameStop may test new offers, promotions, or program benefits with certain Members based on factors within GameStop’s sole discretion except as may be prohibited by law.
Dispute Resolution
MANDATORY ARBITRATION AND CLASS ACTION WAIVER - PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND GAMESTOP CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND GAMESTOP TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY OR TO APPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
INFORMAL RESOLUTION: You and GameStop will first attempt to resolve any claim informally. Accordingly, neither you nor GameStop may start a formal arbitration proceeding for at least 60 days after one party notifies the other party of a claim in writing. As part of this informal resolution process, You must deliver Your written notices via hand or first-class mail to us at GameStop, Attn: Guest Care, 625 Westport Parkway Grapevine, Texas 76051.
GOVERNING LAW: You and GameStop agree that these Terms and any Dispute you may have with GameStop, will be governed by federal law and the Federal Arbitration Act as to arbitration issues and the law of the State of Texas for all other issues, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
WE BOTH AGREE TO ARBITRATE: You and GameStop agree to resolve any dispute between you and GameStop or its affiliates (“Dispute”) through final and binding arbitration, with two exceptions. First to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) or to the extent that you believe we have violated or threatened to violate your intellectual property rights. Under such circumstances we or you may bring a lawsuit solely for injunctive relief to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Second, you may bring any matter within the jurisdiction of a small claims court or similar court in which you seek less than $10,000 in a small claims court or similar court on an individual basis without a class action and without any request for injunctive relief.
WHAT IS ARBITRATION: You and GameStop mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for Disputes that arise between You and GameStop, its related and affiliated companies, successors, and assigns; and/or any current or former employee, officer, or director of GameStop or any related or affiliated company. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. You and GameStop agree that this Dispute Resolution Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even if these Terms and Conditions terminate. Any revision to or termination of the Terms & Conditions that modify or terminate this Dispute Resolution Section shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GAMESTOP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
NO CLASS ACTIONS: Except as otherwise required under applicable law, You and GameStop agree to arbitrate any Dispute only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms and Conditions may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding.
WHO DECIDES WHAT CAN BE ARBITRATED: If a party violates the agreement to arbitrate by commencing an action asserting a Dispute in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Dispute Resolution Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Dispute Resolution Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Dispute Resolution Section, including the Class Action Waiver.
WHAT ARE THE ARBITRATION RULES, PROCEDURES, AND COSTS: To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to JAMS Mediation, Arbitration and ADR Services (“JAMS”) and us at GameStop, Attn: General Counsel, 625 Westport Parkway Grapevine, Texas 76051. You and GameStop agree that the arbitration shall be administered by JAMS before a single arbitrator mutually agreed upon by the parties. Except to the extent that they are modified by the rules below, if You are an individual person, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply.
The parties agree that the applicable JAMS rules are modified as follows:
(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law. Unless you prefer otherwise and GameStop agrees, the arbitration shall be conducted in the county in which you reside. Or if that is not practicable, in an adjacent county as determined by JAMS.
(b) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(c) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information. If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(d) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Dispute(s).
(e) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(f) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(g) The Federal Rules of Evidence shall apply to all arbitration proceedings.
(h) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(i) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(j) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(k) If You initiate arbitration, You will pay the first $250, and GameStop will pay all other filing, administrative, or hearing fees. If You are an individual person and GameStop initiates arbitration, GameStop will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Dispute(s) provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
If any term or condition in this Dispute Resolution Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Dispute Resolution Section shall not be affected. Provided, however, that if the Class Action waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the County of Tarrant, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Member Content and Submissions
Member Content and Posts. The Program may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content such as reviews, ratings, pictures, and other content such as videos, questions, comments, ideas, designs, features, plans, and other feedback (collectively, "Member Content") that may or may not be viewable by other users.
Our License to Member Content. When you Post Member Content on or through the Program, you grant GameStop a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such Member Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Program (and derivative works thereof) in any media formats and through any media channels. Additionally, you grant GameStop the right to use the name you submit in connection with such Member Content. Our use of your information shall be governed by the Privacy Policy .
GameStop does not provide any compensation, in either cash or product, for Member Content submitted to GameStop, including without limitation any potential product or software ideas or applications. If you still submit such information to us, you agree that such information shall be deemed to be non-confidential and nonproprietary, and GameStop shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information on an unrestricted basis for any purpose whatsoever, unless expressly agreed otherwise in writing by GameStop. Further, GameStop shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
Member Content Representations. You acknowledge and agree that all Member Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such Member Content without violation of any third-party rights. You understand that GameStop does not control, and is not responsible for, Member Content, and that by using the Program, you may be exposed to Member Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that Member Content may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless GameStop for all claims resulting from Member Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
Member Content Review. You acknowledge and agree that GameStop and its designees may or may not, at GameStop's discretion, pre-screen Member Content before its appearance on the Program (but does not assume any obligation to). You further acknowledge and agree that GameStop reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any Member Content that is contributed to the Program. Additionally, GameStop has the right to remove any Member Content that violates these Terms or is otherwise objectionable in GameStop's sole discretion. You acknowledge and agree that GameStop does not verify, adopt, ratify, or sanction Member Content, and you agree that you must evaluate and bear all risks associated with your use of Member Content or your reliance on the accuracy, completeness, or usefulness of Member Content.
Our Proprietary Rights
The Program is owned and operated by GameStop and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks, and services marks) that are derived in whole or in part from materials supplied by GameStop and its partners, as well as certain third parties, and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws.
You agree to abide by all applicable copyright and other laws. You acknowledge that the Program has been developed, compiled, prepared, revised, selected, and arranged by GameStop and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of GameStop and such others.
You agree to protect the proprietary rights of GameStop and all others having rights in the Program during and after the term of these Terms and to comply with all reasonable written requests made by GameStop or its suppliers and licensors (collectively, “Suppliers”) regarding content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Program. You agree to notify GameStop immediately upon becoming aware of any claim that the Program infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Program, shall, as between you and GameStop, at all times be and remain the sole and exclusive property of GameStop. Any unauthorized use of any material contained on or through the Program may violate copyright laws, trademark laws, the laws of privacy, and publicity.
Legal Compliance
You acknowledge, consent, and agree that GameStop may access, preserve, and disclose your information and/or any Member Content you submit, post or make available for inclusion on or through the Program, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by GameStop’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; (5) to protect the rights, property, or personal safety of GameStop, its employees, agents and affiliates, its users, and the public; and/or (6) in connection with the operations of your GameStop Account. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND ITS CONTENTS, WHETHER PROVIDED BY GAMESTOP, ITS LICENSORS, ITS VENDORS, OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE PROGRAM, ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED, LEGAL, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED. SPECIFICALLY, BUT WITHOUT LIMITATION, GAMESTOP DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OR THROUGH THE PROGRAM IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE PROGRAM OR THE SERVER(S) THAT MAKE THE PROGRAM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PROGRAM CANNOT BE SUBJECT TO UNAUTHORIZED ACCESS TO CONTENT OR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GAMESTOP OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE PROGRAM, WHETHER OR NOT GAMESTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.
GAMESTOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROGRAM OR ANY WEBSITE FEATURED OR LINKED TO OR THROUGH THE PROGRAM, AND GAMESTOP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. GAMESTOP WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE PROGRAM FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release includes the criminal acts of others.
Indemnity
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD GAMESTOP AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LAWYERS' FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE PROGRAM, YOUR CONNECTION TO THE PROGRAM, YOUR VIOLATION OF THE TERMS OR GAMESTOP’S PRIVACY POLICY . YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE PROGRAM, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Third-Party Links and Services
The Program may provide (1) information and content provided by third parties; and (2) links to third-party websites or resources. GameStop is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that GameStop is not responsible or liable for any actual or alleged harm to be caused by or in connection with your use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
Other Terms and Conditions and the PowerUp Reward Credit Card
PowerUp Reward Credit Card. For PowerUp Rewards Credit Cardholder terms of use, please visit https://d.comenity.net/GameStop/public/agreements/tac.xhtml . This is a third party product; Comenity Capital Bank is issuing, operating and administering this Credit Card.
Contests and Sweepstakes. From time to time, Members may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions, and rules published at the time of such event and applicable state laws.
Force Majeure. Under no circumstances shall GameStop be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No Waiver. If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and GameStop, and supersede any prior agreements between you and GameStop on the subject matter, except as expressly provided herein. These Terms, and any rights granted hereunder, may not be assigned or delegated by you. These Terms, and any rights granted hereunder, may be assigned or delegated by GameStop without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a GameStop representative. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Program for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
Notices. We may deliver notice to you by email, posting a notice on the Program website or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by mail at GameStop, Attn: Guest Care, 625 Westport Parkway Grapevine, Texas 76051.
Contact Us
You may contact us regarding these Terms or related issues by contacting Guest Care via mail at GameStop, Attn: Guest Care, 625 Westport Parkway, Grapevine, TX 76051, email at care@gamestop.com, or toll-free phone at 800-883-8895.